Friday, December 18, 2009

Disability and Me - Guide to fighting the Government Disability

Name: Jason Clark
Service: U.S. Army - Multiple times from 1991-2002
Discharge: Honorable/Medical
Percent at Release: 0%
Disabilities: Arnold Chiari Malformation Type I (surgery 2001), Ankle Arthritis/spurs, Knee Arthritis, Fibromyalgia, Irritable Bowel Syndrome (IBS), Depression

My story starts in 1999. I was fit, averaged 275 or above on the PT test, 3 MOS's (Legal, Clerk Typist, and Bradley Mechanic), and generally worked harder than everyone around. One day, while in the motor pool, an E-5 asked for me to back up a Personnel Carrier. He got out, I backed it up, but unfortunately, the hatch dropped on my kevelar. He was gone, I was there alone, knocked out, dizzy, and definately not going to the clinic. After awhile, I closed it up and went back to the office. I didn't mention it again until 2 years ago because I had forgotten about it.
Two weeks after that, I was doing push ups and tried to turn to my right. I couldn't. Physical Therapy made it worse over the next year. Then, I finally got them to pay for a CT-Scan, nothing! Then more Physical Therapy. Then an MRI. That was when they found the Arnold Chiari. Five doctor trips to the VA hospital, then a neurosurgeon said he could fix it, but I would have to get out and not able to turn my neck. I accepted.
After the surgery, it took nearly 14 months to get out. Pulled Charge of Quarters (CQ) with a hard collar on, Sergeant Major one day yelling "I can't wait to see you gone". Wasn't I on the Airborne list, promotion board, 275 on the PT test, qualified expert? They deployed and I stayed back when the towers went down.
I was medically boarded, but they said 0%. I went to San Antonio Texas, they wouldn't let me claim my bad ankles or body pain. DAV rep. in Texas met me 5 minutes before going in front of the board. Intimidating to say the least. You guessed it, 0%. My doctor said it was "more likely than not that service made my ACM worse", discharged with nothing.
My fight begins here. I grit my teeth, take no crap, move forward, all the time. Went to 15 different neurosurgeons. They all said the same things. The surgery "WAS DONE INCORRECTLY"! Believable and not surprising at this point. Now, filed a VA claim...20 %, another one, 30%, year by year, I filed over and over.....70%, then 80%, now, 90%. During this time...Bachelors Degee with honors, Federal Government job, baby, marriage, the list continues....
Went back to the new medical board, the one that overseas what the army board did. They said no cause my disabilities were not listed as related to service by the army, although the VA said yes.
Went to the Army Corrections board, they said that just because VA said yes, does not mean they will change their answer. Stuck. Cannot get anyone to review my claims back to when I got out, or went to the medical board.
Took disability retirement from my federal government job in september 2009. Filed unemployability with VA back in March 2009, still waiting. Social Security, denied. Appeal is due in 60 days.
Not a complainer, but I have a vast amount of legal background. What about the grunt that doesn't know the ropes? What about the sissy NFL players saying they aren't getting taken care of? What about my failed marriage, not working at age 36, although I am damn proud of what I do for a job, what about my representation?
My representative is from the Paralyzed Veterans of America. Genuine, kind, but not an attorney. I can't pay them. They are free to me. Why can't I? Well, there is a law, from the civil war, saying that you can only pay a representative $10, no more. What? Really? Yes, that is why attorneys won't take your case. They can't get paid. All the agony, pain, problems, failed marriage, depression, and crying, and I can't pay someone to help me? Really?
Look, I would like to get something going, lets lobby Washington. The service organizations won't do it. They say they are protecting us, but lets face it, they will go away if it happens.
Post your stories, thoughts, concerns, and anything else you want. I do ask that you not be judgemental, but understanding.