Any Advice

[elcamino_77us]

I spent a total of 2 years reserves and 12 years active duty. In 93 & 94 I started having problems with my back. Being A Marine, the Navy did a MED Board on me and found me unfit for both my back and knees. Later the PEB reversed the decision and found me fit. All of the Docs who saw me including Army Personal agreed with the MED Board. After being forced out in 95 I was able to get a Civ. Doc to check me out. Degenerative Arthritis was the outcome compared to the Mechanical Lower Back Syndrome the Navy used. This is an automatic Discharge for Marines. Before I got out, The Patent Contact Officer at JAX told me to wait until the VA was done with my case and take that Info to the Naval Board Of Corrections and have my discharge changed to a Medical. Well, this is 2007 and I'm still in my Original P&C Process. I've got two doctors that have sent everthing required to the board and the board is still wanting more from them. The VA has confirmed the Degenerative Arthritis but disagrees with me on other issues. At this point I think I would be best served by going ahead and getting my discharged changed. I know that there is a 3 year window, but was told as long as I was in the P&C Process, I was basically exempt from that. Is there anybody here who has been through this sort of thing and who could give me some advice.


Thanks

[TinCanMan]

elcamino77us:

I'm no expert on the MEB/PEB process but I do know a few things and what you are saying doesn't seem to make sense to me can you elaborate? For what it's worth the MEB only makes medical decisions. They decide what your medical condition is and how extensive it is but they don't decide if you should be discharged or not. The PEB, on the other hand, only decides if you are suitable for further service or not and they do that based on the medical facts determined by the MEB. They do not determine their own medical facts.

You later say the Marine Corps "forced" you out in 1995. Why were you forced out? Is this the result of the MEB/PEB or a drawdown? I'm confused, you said the PEB found you fit. You later say you are on your original C&P in 2007, When did you first submit your claim with the VA. If you were discharged in 95, why does it take 12 years for a C&P?

You really don't need someone that's been through it, you need someone that knows how to get through it.

FWIW, there's no such thing as a 3 year window to change your discharge. There is a 15 year window to apply to the Discharge Review Board or you then have to apply to the Board of Corrections for Military Records.

Do you know what a Service Officer is? Do you have one helping you with your claim? Are you filing your claim yourself?

When were you discharged?
Why were you discharged?
What year were you discharged?
What year did you first file a claim with the VA?
What did you file for?
Have you ever received a decision from the VA>
Which conditions were approved and which were disapproved?
What did it say in the section labeled Reasons or Reasons and Bases?

[elcamino_77us]

First Off, thanks for the reply.

I went back and took a look at my MEB. It states that "The patient is now handicapped in that he is unable to perform the duties of his rate." It also states that I was to be referred to a Physical Evaluation Board for finial adjudication.

I was discharged on 12 Nov 1994.

Denied Re-enlistment. Removed from MOS due to hearing Loss.

The VA received my claim application on 6 Dec 1994.

I claimed my Left Knee, Right Knee and Low Back which were all part of my MEB & PEB. Plus an injury to my Right Wrist and Hearning Loss in my Left Ear which caused me to be removed from my MOS.

At first they gave me 0% for my back and 0% for my hearing. Denied everything else. Later they gave me 10% on my Right Knee.

Concerning my Back: "There is no objective evidence of characteristic painful or limited motion to warrant a 10% evaluation."

My Hearing Loss: "An evaluation of 0% is assigned whenever the percentage of discrimination in one ear is between 92 and 100 with an average puretone decibel loss is less than 42, and any loss of hearing in the other ear is not service connected."

The rest states"must submit evidence sufficient to justify a belief that the claim is well grounded."


After all of that let me first state that in my MOS, I was consistently exposed to high levels of noise. So much so that the Navy/Marine Corps had to change its requirements for our Rehearsal Halls. Note: I was in the band. This was a direct result of myself and two other Marines losing part of our Hearing. The Hearing Test given for discrimination is an invalid Test. It is given in a sound booth, it does not reflect the day to day noises. I was given "Tips" like when eating at a restaurant, set with your back against the wall. Oh, we're going to send you device to put on your TV so it doesn't effect your children. That was 4 years ago, and I'm still waiting.

I have pain in my Lower Back 24/7. If I try to bend left or right I can only move a couple of inches in either direction before I get hit with Pain.

After my Original Decision and Appeal, I never heard back from them. That was Jan 1997. Until I contacted my Senator about 7 years later. Thats when I got my Right Knee added.

One thing I've noticed from my PEB through the VA is how either the written reports or my statements are twisted to reflect what they want.

[TinCanMan]

I went back and took a look at my MEB. It states that "The patient is now handicapped in that he is unable to perform the duties of his rate." It also states that I was to be referred to a Physical Evaluation Board for finial adjudication.

OK, the MEB says you cannot perform in your MOS, they do not say you cannot still serve. What is the PEB's final decision?

I was discharged on 12 Nov 1994.

OK, thanx

Denied Re-enlistment. Removed from MOS due to hearing Loss.

Why were you denied re-enlistment? What was your re-enlistment code? Disqualification from your MOS isn't necessarily a disqualifying factor for further service. Marines change MOS all the time. ???? What does it say in blocks 26-28 on copy 4 of your DD-214? Copy 4 will say "MEMBER - 4" in the lower righthand corner and will be an inch and a half longer than copy 1.

The VA received my claim application on 6 Dec 1994.

OK, thanx.

I claimed my Left Knee, Right Knee and Low Back which were all part of my MEB & PEB. Plus an injury to my Right Wrist and Hearing Loss in my Left Ear which caused me to be removed from my MOS.

Having had an injury doesn't justify compensation. Veterans are compensated for disabling conditions, not injuries. For example; suppose you break your leg and it heals properly. In that event, there is no disabling condition and no compensation.

At first they gave me 0% for my back and 0% for my hearing. Denied everything else. Later they gave me 10% on my Right Knee.

Concerning my Back: "There is no objective evidence of characteristic painful or limited motion to warrant a 10% evaluation."

Your back is service connected at 0% because the evidence indicates it does not rise to a level requiring compensation. It does give you the right to free medical treatment for whatever condition affects your back and makes it easier to re-apply successfully should your condition worsen.

My Hearing Loss: "An evaluation of 0% is assigned whenever the percentage of discrimination in one ear is between 92 and 100 with an average puretone decibel loss is less than 42, and any loss of hearing in the other ear is not service connected."

The VA is saying the recognize there is a service connected disability for hearing, but that it doesn't rise to a level requiring compensation. It does give you the right to free medical treatment for hearing loss and makes it easier to re-apply successfully should your condition worsen.

The rest states"must submit evidence sufficient to justify a belief that the claim is well grounded."

Public Law 106-175, The Veterans Claims Assistance Act of 2000 (VCAA) did away with the requirement for a well grounded claim.

After all of that let me first state that in my MOS, I was consistently exposed to high levels of noise. So much so that the Navy/Marine Corps had to change its requirements for our Rehearsal Halls. Note: I was in the band. This was a direct result of myself and two other Marines losing part of our Hearing. The Hearing Test given for discrimination is an invalid Test. It is given in a sound booth, it does not reflect the day to day noises. I was given "Tips" like when eating at a restaurant, set with your back against the wall. Oh, we're going to send you device to put on your TV so it doesn't effect your children. That was 4 years ago, and I'm still waiting.

That doesn't make sense. If this were a C&P exam, there is no treatment and no one will send you anything. If you want medical treatment for your conditions you must enroll in the VA Health Care System first. If you want help with that let me know.

I have pain in my Lower Back 24/7. If I try to bend left or right I can only move a couple of inches in either direction before I get hit with Pain.

The C&P exam doesn't seem to agree with that. Generally; for conditions of this sort pain, in and of itself, isn't disabling other than it may limit range of motion of the joint.

After my Original Decision and Appeal, I never heard back from them. That was Jan 1997. Until I contacted my Senator about 7 years later. Thats when I got my Right Knee added.

I can't imagine the VA just forgot about it. More likely, you claimed some evidence existed and the VA under their "duty to assist" doctrine was attempting to get it.

One thing I've noticed from my PEB through the VA is how either the written reports or my statements are twisted to reflect what they want.

Specifically what statement was "twisted"? You haven't said one thing indicating any such thing happened.

In your original post you say; "I've got two doctors that have sent everthing required to the board and the board is still wanting more from them."

I haven't seen your C-file so I don't know exactly what they want but I think you may be referring to a VCAA letter. Every time you send information in, the VA is required to ask you if you have any more info and if you do, to send it in. Do not ignore these letters because the VA will wait 60 days before proceeding. If you don't have information, tell them that and ask them to proceed with your claim.

If you want to appeal your discharge, you'll need to submit a DD-293 http://arba.army.pentagon.mil/documents/dd0293.pdf to the Navy Discharge Review Board within 15 years of discharge. They cannot address medical discharges. In that case you may want to consider appealing to Board of Corrections for Naval Records. Use DD form 149 http://www.dtic.mil/whs/directives/i...rms/dd0149.pdf

You may want to visit the web site for the Board of Corrections for Naval Records http://www.hq.navy.mil/bcnr/bcnr.htm

Try to answer the questions that I've asked. FWIW, it sounds very much that you are trying to process your claim all by yourself. Is that so?

You don't need to go this alone. Every Veterans Service Organization (VSO) and some States and Counties have VA certified Service Officers (SO's) that will assist veterans and their spouses with presenting their claims. Call The Veterans of Foreign Wars (VFW), the American Legion (AL), the American Red Cross (ARC), the Disabled American Veterans (DAV) Military Order of the Purple Heart (MoPH) or any of the other hundreds of organizations and ask for help filing a claim. It's free and you don't have to be a member.

One thing to remember is that all SO's are not cut from the same cloth. Choosing one is pretty much a crap shoot unless you get personal recommendations in your area from other vets. SO's can be both good and bad depending on the individual SO. Talk to several, find out which ones return your calls and are available when you call them. Most of the major Veterans Service Organizations have training programs but not all require it. In the end, find someone you can work with.