I was forced to retire because of a neck problem. I tried to file a claim with the VA , but they keep denying it. What else can I do?

2016-03-22T07:21:43-04:00

Response by SGM Erik Marquez made Mar 22 at 2016 8:02 AM

2016-03-22T08:02:16-04:00

Not really enough info.... and not sure you want to share openly what you would need to.
It sounds like you were med boarded.. ok,, that kind of substantiates a service related injury or disease. The VA claim for that should be an easy one.. when you did your VA exit medical screening.. what was the % given for that noted injury?
Did you get any noted injury's / issues awarded above zero %

Response by PO2 Private RallyPoint Member made Mar 22 at 2016 8:08 AM

2016-03-22T08:08:26-04:00

Go to a Veteran's Service Office at your state's BVS: bureau for veterans services or a certified VSO at the American Legion/VFW. Take your medical records.

Response by SFC Joseph McCausland made Mar 22 at 2016 8:59 AM

2016-03-22T08:59:49-04:00

As far as the VA, just keep trying... I understand it takes at least three submissions before any action is taken.
If you want to alleviate your neck pain, then I would suggest seeing a chiropractor; in the past they weren't recognized by the vast majority in the medical community but because of a proven record of "positive" results for their patients, they have become more acceptable and some major insurance companies even cover their services in their policies.

Response by SFC Daniel Faires made Mar 22 at 2016 9:03 AM

2016-03-22T09:03:37-04:00

Way too much info missing here for any real quantifying answers to be given

1.if you were forced to retire did you have over 20 years ?

2. If not did you take the check when they medboarded you?

3. If you didn't take the check you should already have a percentage from the VA

4. Was this recent like in the last couple years or has it been longer

I realize you may not want to answer those questions but your question and statement is so vague that these have to be asked

Response by CPT Aaron Kletzing made Mar 22 at 2016 9:52 AM

2016-03-22T09:52:23-04:00

Would need more info from you on this. It is possible that there is no legitimate claim. It is possible that there is a legitimate claim. Did any of this get documented while you were still serving? That would be the first question from a VSO rep.

Response by SGT William Howell made Mar 22 at 2016 10:02 AM

2016-03-22T10:02:32-04:00

I had the same thing happen to me with my back. They booted me out. Then gave me a 0 disability. They said I just had arthritis and it was not service related. My arthritis started the same second my Humvee was flipped by an IED so I thought there may be more to this.

I went to a real civilian DR had them document the 3 disk sticking out of my spine. I resubmitted my claim and called my congressmen all in the same day. Shit works faster and correctly when there is a congressional investigation pending. They finally did the right thing.

Response by MSgt Private RallyPoint Member made Mar 22 at 2016 10:27 AM

2016-03-22T10:27:10-04:00

Same thing happened to a friend of mine. He got 10% yet booted from military. Get your congressman involved. Include your orders for the date your injury happened. Also you can get witness statements from at least 3 people who saw it happen. Go full bore, do all of this together. Good luck brother, sad so many like you have to fight another fight to get what you deserve.

Response by SFC Thomas Howes made Mar 22 at 2016 10:45 AM

2016-03-22T10:45:55-04:00

Go to the DAV they will help you and fight for you.

Response by SGT Michael Thorin made Mar 22 at 2016 10:46 AM

2016-03-22T10:46:54-04:00

There are VA disability attorney's who specifically handle these cases, and operate like regular disability attorney's, only collecting a fee if you receive an award.

The individuals who decide on whether or not your claim is awarded have little, if any, medical experience. They look at numbers, and take a scale and take specific information and match it to a rating schedule. An app called "My VA Benefits" is available at the App Store.

I strongly urge you to download that app. It shows you how claims are decided on information given.

I have posted a screen shot of the app, and it is a very useful source of information, because it will tell you everything you need to know to find your diagnosis, as well as what needs to be proven to determine the percentage you are eligible for.

Additionally, if you have not done so, you should probably apply for Individual Unemployability.

Either way, the first step is always getting and talking to a VSO, unless you want to go straight to the VA Disability Attorney. Remember that in the world of medical disability, having an attorney's name stabled to something can help a great deal.

Also, the comments stating that there is too little information for any good advice to be given are 100% accurate.

The info I am giving you is based on the assumption that all documentation has been placed in your file that support your claim, or that you have proof in your possession.

Response by MSgt Stephen Council made Mar 22 at 2016 11:11 AM

2016-03-22T11:11:14-04:00

SGT Patrick Lynch Go see the DAV. They will review your file and take up your cause. I have seen them act and the get RESULTS!

Response by CPT Bruce Rodgers made Mar 22 at 2016 11:50 AM

2016-03-22T11:50:11-04:00

Get a veterans service officer from one of the organizations like DAV

Response by CPT Bruce Rodgers made Mar 22 at 2016 11:51 AM

2016-03-22T11:51:21-04:00

Just a note, I had the same problem and it took almost two years

Response by SFC Private RallyPoint Member made Mar 22 at 2016 11:57 AM

2016-03-22T11:57:12-04:00

Do you have any supporting documentation of your neck injury/condition?

Response by MSgt Private RallyPoint Member made Mar 22 at 2016 12:11 PM

2016-03-22T12:11:38-04:00

How many years of service did you have?

Response by CPL Tyler Duke made Mar 22 at 2016 1:25 PM

2016-03-22T13:25:11-04:00

I've got 0 for some of my things too. But they had in there that there was a lack of evidence. So if you were high speed and didn't go to sick call all the time then there isn't enough to back up the claim. In that case I would check your benefits on ebenefits.va.gov. If its at 0% keep going into the VA hospital and complaining about it to your primary care and they will eventually raise it. Getting an advocate will greatly help. They have advocates in the VA hospital as well from all branches.

Response by SPC(P) Carlos Santini made Mar 22 at 2016 1:54 PM

2016-03-22T13:54:03-04:00

It is easier for the VA to keep denying your claim then it is to admit that there is a true issue. I have had one lower back surgery and a two level disc replacement surgery through the VA so far and I have not had to pay a dime out of my pocket. I am 80% disabled and 100% unemployable so I guess either way my shit will be covered even if the VA does not want to admit that my injuries came from Iraq. Hang in there brothers.

Response by CPT David McDonald made Mar 22 at 2016 4:23 PM

2016-03-22T16:23:20-04:00

When did you retire? What type of retirement did you receive? Was your VA claim for service connected or combat related?

Response by SSG Private RallyPoint Member made Mar 22 at 2016 4:44 PM

2016-03-22T16:44:06-04:00

I have a service connection. 14 years in and getting the boot... :(

Response by SGT Patrick Lynch made Mar 22 at 2016 5:36 PM

2016-03-22T17:36:26-04:00

Some said not enough info, enter active in early 86, got out and went into the reserves , while on AT in 94 was involved in a 5 ton accident went to the clinic had x-ray of my neck and was told I had degenerative disk disease, about 3 years later started to have pain so I saw my doctor and her started my meds. In 03, went to Iraq still taking meds, 07 got orders for Iraq again, at FT Dixs, shows the docs my papers from my doctor, they said I could not go, 3 weeks later was told I could not stay in. I had 19 1/2 good years so they said I could retire. First claim with VA was denied, second time I filed VA said it was a previous condition denied.

Response by SGT Jimmy Carpenter made Mar 22 at 2016 9:01 PM

2016-03-22T21:01:30-04:00

Even a 0% rating is still a rating. They acknowledge the problem but don't feel it's necessary to compensate at the time. I was given a 0% rating on my shoulder that was injured in the line of duty and had surgery to remove about half an inch of my collarbone. The reason for the rating was because at the time of examination there was no pain or limited range of motion. 10 years later I requested an increase to my disability through ebenefits online and about a week later they called me with an appointment date. They increased me from 0 to 10% on my shoulder, not enough in my opinion but it's better than nothing. One thing you need to understand about the VA is that they will give you the least amount possible and then make it so difficult to increase that they hope you never try or just give up. Under the current administration they've been getting away with murder...literally.

Response by SSG Darian Jones made Mar 23 at 2016 5:14 PM

2016-03-23T17:14:14-04:00

How did your neck get injured

Response by SGT Jay Ehrenfeld made Mar 24 at 2016 4:18 PM

2016-03-24T16:18:16-04:00

Have you got a medical records of it

Response by SFC William Adamek made Mar 24 at 2016 4:56 PM

2016-03-24T16:56:23-04:00

The first guidance I would give is that if you are doing your claim yourself... don't!. Use one of the service organizations who have a "Service Officer" to help you do your claim. You might want to ask around for a recommendation for one that has a reputation for getting results. Not all Service Officers are created equal. But I repeat... If you are doing your claim yourself... Don't!!!

Response by Sgt Shely Hanson made Mar 25 at 2016 6:03 PM

2016-03-25T18:03:57-04:00

Do you have a copy of your medical records? (You should.) Never go at the VA alone. I would recommend going to the nearest DAV and have them help you file a claim.

Response by SSG Javier Antonsanti made Mar 25 at 2016 6:04 PM

2016-03-25T18:04:54-04:00

I would recommend to get an advocate to work the claim for you.

Response by SPC Private RallyPoint Member made Mar 26 at 2016 4:04 AM

2016-03-26T04:04:48-04:00

The only thing I could recommend is to go through VA lawyer. Most of them work on the merit of your success (for example 3rd of your back pay if you succeed to appeal. You pay nothing if you do not succeedl). VA lawyers bring the full brunt of the law combined with professionals they hire to evaluate you and provide expert opinion that carries heavy weight in decisions.

Response by SFC Andrew Miller made Mar 30 at 2016 10:29 AM

2016-03-30T10:29:53-04:00

Use the services of your state veteran's service officers. They are accredited with the VA and will get you the best rating possible.
https://www.illinois.gov/veterans/Pages/ServiceOffices.aspx

Veterans

To assist veterans in navigating the complex web of services and benefits available, IDVA runs 49 full-time and 35 part-time (itinerant) offices in 80 out of the 102 counties. These offices are staffed by more than 60 individual Veteran Service Officers (VSO’s), fellow veterans who are experts on federal, state and local veteran resources.

Response by SSG Bill Cooke made Mar 30 at 2016 2:30 PM

2016-03-30T14:30:13-04:00

Go to your Rep in the House in Wash DC and get them to force the issue. They have a VA Rep you can not get to for this kind of help. I know as I did on a situation and it worked.

Response by SPC Joshua Davis made Apr 30 at 2016 8:08 PM

2016-04-30T20:08:35-04:00

The VA is a pain. It took 24 months to add my wife as a dependant when we got married and I submitted the paperwork within a week of the wedding. It took my mother in law calling a congressmen she went to college with. I'd say go to your congressmen they will usually help

Response by SGT Terry Whittington made May 11 at 2016 12:00 AM

2016-05-11T00:00:53-04:00

Go to your Va service rep. Contine to file. If the claim continues to be denied, go to a civilian doctor for the reason that you were forced out, and have that Doctor give you a diagnosis for that injury, and request the information be sent to a different medical review board . Never stop tring to send doctors information.

Response by SGT Cord Dwigans made Jun 5 at 2016 8:28 AM

2016-06-05T08:28:13-04:00

Get a veterans service officer with DAV or VFW

Response by Sgt Shely Hanson made Jun 9 at 2016 1:21 PM

2016-06-09T13:21:07-04:00

It helps tremendously if you have a copy of your medical records. Never try to go at the VA alone. A veterans service organization like the DAV or VFW can act as attorneys-in-fact and file a claim on your behalf. Take in your medical records.

Response by MAJ Keira Brennan made Jun 17 at 2016 9:47 PM

2016-06-17T21:47:15-04:00

I'm disabled due a pretty nasty c-spine. Message me and i can share part of my road map.