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Old 06-30-2009, 09:17 PM
 
1 posts, read 3,702 times
Reputation: 15

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I got out of the army in 2001 just before 9/11. My problem is that I was only given 20% at the time. My back problems have continually gotten worse since. I have severe arthritis in thoracic spine and three bulging disks in low back. Just found out in some of the records that I coppied before I got out that I had the bad disks before getting out and was never told. Can anyone tell me how I can go back and get the 30% rating. I have a bad feeling that the VA may have me at 100% by the end of the year. But I need the added retirment benefits for my family since I personally do not quallify for most insurance policies. I am so frustrated that I am getting nowhere
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Old 07-01-2009, 09:40 AM
 
Location: Seattle
91 posts, read 193,408 times
Reputation: 158
You can get a reevaluation done. I would suggest you contact the Disabled American Veterans and work through them.

Disabled American Veterans
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Old 07-01-2009, 10:16 AM
 
Location: San Antonio
1,289 posts, read 3,258,360 times
Reputation: 917
I would second using an organization such as DAV when dealing with the VA.
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Old 07-01-2009, 10:30 AM
 
48,519 posts, read 80,998,062 times
Reputation: 17978
I also would look into havign a specailist look at those bugling disk as they can be surgerially fixed pretty well in most cases now days. I have many firends that had this done. They are wroking today with only certain restrictions. Also look into get education assistance with the injury if it eliminate your occupation as one friend had too.They have made great advances in back surgery form even ten years ago.
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Old 07-06-2009, 01:01 AM
 
Location: SE Florida
1,194 posts, read 3,595,894 times
Reputation: 753
Quote:
Originally Posted by bstenz View Post
Can anyone tell me how I can go back and get the 30% rating.
First of all Welcome Home.

In my section of town we use the American Legion just because our VA Veterans Service Officer (VSO) is just fantastic and represents the American Legion....

A group of Veterans where I live try help others get help such as you need and we help them navigate through the RED Tape.

Now what you need to do is Go see your local Veterans Service Officer in your town. You will also need a copy of your DD-214 so he/she can get started in your claim to increase your benefits. If you cannot find a number to call for a VSO then your local VA hospital can help. You will also need to know of all doctors you have seen since you got out of the service, if you have them available or you need to develope a history of help by going to the VA or see a regular doctor.

There is alot more to understand but first get familiar with a GOOD VSO because they are the ones that will help you and PUSH your claim successfully. Once you file a claim for increase you will be seeing a lot of VA doctors then a Compensation and Pension (C+P) interview will follow by a VA PhD. You MUST be prepared for a C+P. We can help you so plese let me know...

...
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Old 09-28-2011, 01:10 PM
 
Location: Wadsworth Nevada 89442
5 posts, read 6,836 times
Reputation: 15
By all means go back to the VA Hospital and be re-evaluated for you condition. Before you go, refer to Title 39 of the USC (United States Code) you can get it on line by entering USC or US Code. Once there go to the index and get into the section that presents the code and discription of a disability. It explains what the VA has to go by when you refile your claim. Burn a copy of it and refer to it when you file a new claim. Copy the exact words they use to your claim and insure that your Doctor used the key elements when they fill out their medical summary. Once sbmitted the VA evaluators have to comply with the law as presented in Title 39. They are not medical practioners , they juy the words in the law. The refiling will ask if thee is additional information to validate your claim. You will be able to state yes and have them refer to the latest medical opinion. FYI, I have the same situation. After 30% the world changes abd you can receive additional amounts for being married and having dependants. It,s all in how you research it and present it that determines how you will be rated. Be stuborn and stick with it you will prevail.
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Old 09-28-2011, 01:13 PM
 
Location: Wadsworth Nevada 89442
5 posts, read 6,836 times
Reputation: 15
An aded comment, if don't already have it, get a copy of your service medical records. Submit everything that is in it for evaluation for disabilities.
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Old 09-29-2011, 02:04 PM
 
Location: Sierra Vista, AZ
16,116 posts, read 20,145,602 times
Reputation: 8204
Quote:
Originally Posted by bstenz View Post
I got out of the army in 2001 just before 9/11. My problem is that I was only given 20% at the time. My back problems have continually gotten worse since. I have severe arthritis in thoracic spine and three bulging disks in low back. Just found out in some of the records that I coppied before I got out that I had the bad disks before getting out and was never told. Can anyone tell me how I can go back and get the 30% rating. I have a bad feeling that the VA may have me at 100% by the end of the year. But I need the added retirment benefits for my family since I personally do not quallify for most insurance policies. I am so frustrated that I am getting nowhere
You don't need to. Legally the VA and the Army use the same criteria.
File an SF149 with the Army Board of Correction of Military Records. They can upgrade your Military Retirement. Your congressman can help you get the form and file it. You must file quickly and you only get one shot, no appeals. I did it, it took five years but I got what I wanted.
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Old 09-29-2011, 09:26 PM
 
5,470 posts, read 8,160,530 times
Reputation: 7284
Quote:
Originally Posted by Boompa View Post
You don't need to. Legally the VA and the Army use the same criteria.
File an SF149 with the Army Board of Correction of Military Records. They can upgrade your Military Retirement. Your congressman can help you get the form and file it. You must file quickly and you only get one shot, no appeals. I did it, it took five years but I got what I wanted.

Noooo...

I've got 40% from the Corps and 70 from the VA
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Old 09-30-2011, 07:50 AM
 
Location: Sierra Vista, AZ
16,116 posts, read 20,145,602 times
Reputation: 8204
Quote:
Originally Posted by Themanwithnoname View Post
Noooo...

I've got 40% from the Corps and 70 from the VA
Doesn't matter, you can't collect both unless you did 20 years. The only difference was my spouse gets TriCare. File it and maybe you'll get a pleasant surprise five years from now.
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