Disability question for active duty Marine.

Discussion in 'Disability' started by cplhigg, Jul 31, 2006.

  1. cplhigg

    cplhigg New Member

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    Hi
    I am new to this board and have a couple questions.

    I am an active duty Marine. I have been in service for 7 yrs now. Just last year I had been diagnosed with a Pulmonary Arterial Venous Malformation( 2 of them). It ruptured and I almost did because of it. The fix was to put a coil on my lung between the vein and artery.

    Since we must maintain top pysical shape I am required to run alot. I constantly get chest pains when i do this. It scares me It might rupture again. I also cannot run like before. I am so out of breathe it isnt funny. I get out of breather just playing wit my little ones and doing normal activities. The Docs said I would loose some lung capacity. When I run I am gasping for air in no time flat I almost fail the USMC minumum run requirement. I in the past always had a 1st class score. I have 2 kids and a wife. I donot know howmuch longer I can keep this up to pay the bills.

    Do I have potential fo a claim with the VA?
    If so how much %?
    This is my second tour and would this qualify for Med retirement?

    Please help.
  2. TinCanMan

    TinCanMan Active Member

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    Not sure how this would be compensated. It seems it is a hereditary condition. If it is also congenital (you were born with it) you would only be compensated to the extent it was worsened by your military service. What has your doctor said about the cause?

    If you get 30% or more you will be medically retired under Chapter 61 otherwise you get separation pay and out the door. In either case you can later apply to the VA for compensation.
  3. cplhigg

    cplhigg New Member

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    I hear it is hereditary.
    However there is no family history of it at all. Does this change things? Does the mil have to prove it is hereditary or do i have to prove it wasnt? I feel that it was brought on by constant physical activity. Now because of this condition if I cant keep up with the standards. Can I be retired/disabled from the mil?
    Where is a good referance for chp 61 info?
    Thank you
  4. TinCanMan

    TinCanMan Active Member

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    I don't know exactly how the VA handles hereditary conditions but I do know they will generally reject a claim for a congenital condition but even then, you can be compensated for the degree your service aggravated a congenital condition.

    Yes, you can be separated/discharged if you can't meet medical standards. You will be given a MEB followed by a PEB if and when that time arrives.

    Chapter 61 refers to the Chapter in U.S. Code that governs Retirement/Separation for Physical Disability. Go here: Chapter 61

    You might want to consider talking to a Service Officer (SO) from one of the Veterans Service Organizations (VSO) such as the DAV, VFW, AL, AmVets etc and see what they think about the hereditary condition. You'll need their assistance if you eventually file a claim so you might start now. It's free and you don't have to be a member.
  5. cplhigg

    cplhigg New Member

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    thank you for your help

    Where are the VSO orginizations at. Are they at any mil installation or the VA hospitals?
  6. rainvet

    rainvet New Member

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    cplhigg, the VA and the SSN also will use anything they can to turn down a Claim. They like to use your past history before your military to trun you down. My advise to you is to not tell either one of these raters about any physical nor mental health proples about your past history because they will use that against you. It better for a person just to say that they at\re not sure about your family nor your past history before you enter service. Now if you have already stated and or it recorded, then you must restate what you already have said but in a way that want let the VA nor the SSN blame your past history against you. This is not playing games with the systems and even if it was, they are doing it so you have all the right to do the same in my own and personal opinion. RainVet !
  7. TinCanMan

    TinCanMan Active Member

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    The VA does do that because it is the law. The SSA on the other hand does not do that and they really don't care why you are disabled, only that you are 100% disabled.

    That is absolutely the worst advice you could have rendered. It is fraud and at the least could cause the loss of compensation and at the worst could result in jail time. You aren't required to disclose anything but if asked, you had better tell them what you know. Saying "I don't know" is fraud. Every rating specialist and C&P examiner knows which conditions are likely to be congenital or hereditary for the same reason I just did... It's pretty much common knowledge among folks that do this.
  8. TinCanMan

    TinCanMan Active Member

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    Here's a complete list of organizations the VA recognizes many have links. http://www1.va.gov/vso/index.cfm?template=view

    There are usually Representatives in each VAMC and may even have offices on your post if they support Transition Assistance Classes. Otherwise you can find them in the phone book under service organizations. If you can't find something, let me know and I'll dig out some links.
  9. cplhigg

    cplhigg New Member

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    wow,
    i NEVER said it was a past conditon ON THIS FORUM OR IN PERSON.

    I stated there is NO family history of it at all. Thats the truth.

    It happened while i was in .It did not happen before I was in..I am still on active duty.

    Thanks for the links and advice. I will check in to this.
  10. TinCanMan

    TinCanMan Active Member

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    I never suggested you did, I was talking to Rainvet.

    Yes, I read that but both I and the decision maker can read that it seems to be exclusively a hereditary condition and I wasn't quite sure how the VA would handle that. They will reject congenital conditions that are diagnosed in service.

    I understood that but it might not matter if they handle hereditary conditions the same as congenital conditions.
  11. rainvet

    rainvet New Member

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    TinCanMan, As I read you posting,it show me that you either worked at some of the places like VA and or SSN but if you do you sure don't have a handle on how the VA nor the SSN works on cases at lease that my personal opinion. The VA and the SSN does do as I have stated at lease in my SSN office. I have alots of Veterans and non-Vets trying to get real claims but the SSN want to uses there past history and not today history. I don't know where your coming from and I really don't care but I know how the VA and the SSN handle caese here,so you must be talking about your area because you sure are not speaking for where I live. I personal didn't have a problem with the SSN but the sorry VA and the Dept. of VA I has my share and then some. Why don't you laid back and help peoples here on this board who is seeking help and not put your personal views on them. It peoples like you that causes more harm to others than good. RainVet !
  12. TinCanMan

    TinCanMan Active Member

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    Rainvet:

    Try to understand, I didn't just fall off the turnip truck the other day. As of next month, I will have worked for the U.S. Navy for 45 years. I retired in 1980 as a Chief Machinist Mate and later went to work for the Navy as a Maintenance Machinist and Trade Instructor. I currently work as an IT Specialist (Systems Analyst). Other than a few summers at sea as a Merchant Seaman before I joined the Navy, I've never worked for any one else, much less the VA or the SSA. Had you bothered to look up my profile you could have discovered most of that. FWIW, it is SSA for Social Security Administration, not SSN. You should know that with all your experience, though. I will be retiring next year and plan to volunteer as a VSO.

    Personally, my version of helping veterans doesn't include cheerleading or encouraging them to continue to submit claims that lack either evidence or medical support for the condition as being as being due to service. Nor do I "help" by encouraging veterans to commit fraud and I recommend you cease and desist from that practice before some unsuspecting veteran takes your advice and gets nailed. I deal in facts, not fantasy. As far as I'm concerned this particular discussion is over. If you wish to continue it, Send me a PM or take it to e-mail. If you persist in encouraging veterans to commit fraud I will continue to respond that it is fraud. If you to bash the VA undeservedly, I will respond with facts.
  13. rainvet

    rainvet New Member

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    Nor do I "help" by encouraging veterans to commit fraud and I recommend you cease and desist from that practice before some unsuspecting veteran takes your advice and gets nailed.

    I have been throught thtough the VA system, and if and when you get there, and so now that will be I guess and it depend on where you are station at, you will learn quickly that you have to play by the VA, VRO rules if you wnat to be granted for what some Veterans are deserving of already. I wouldn't play there little games so it cost me a lots of years. I didn't commit fraud then nor have I ever did so. You'll just may find out what the real world is like when you get out there to where you going. I real wish you all the luck in the world and pray that it works out for you and GOD Bless you for wanting a job as such important as the one you seek. RainVet !

    TinCanMan, God Bless you on becoming a VRO. I just hope that you will be able to help alots of Veterans that are deserving of there claim out right right and not based on what the higher up tell you it has to be like, { either its our ways or it the highways,if you cause just see the light somewhere down the road.} RainVet !
  14. TinCanMan

    TinCanMan Active Member

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    Those are your words, it's also fraud. No one should ever do that.
  15. rainvet

    rainvet New Member

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    TinCanMan, Read my post in Appeal and maybe it will explain what I'm trying to state but maybe I'm not doing it just right. As for as telling any information on your family history, I feel that if these peoples want to know this, then they can take the time to find out because they sure don't get in any hurry to grant your claim. That not a lie and if it was, it not a crime you will go to jail for. I've been through all this bull and if you do get to where you want to go, you will learn it for yourself too. RainVet !
  16. TinCanMan

    TinCanMan Active Member

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    You can dress a pig up in a tux but, it is still a pig.
  17. rainvet

    rainvet New Member

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    TinCanMan, I see you and I are different peoples and different direction in life. I have notting to gain but the happenly of maybe helping another Vet seek what maybe due Him and or Her. You on the other hand seem to me and this is my personal opinion again of you, and that is you are just looking for a job when sent you will are is now on a Gov't pension and all you care about is making a buck and where I'll seeing you through your words in posting, is all you care about is yourself and you do not have the heart and care that are due to followers Veterans, who have borne the pain and did the walk and not just play yes ma, and have it made all you military life as it seem to me you a have had. It peoples like you that piss me off because I know where you are coming from and where you are trying to go and as far as I can see and believe, is you not for Veterans and there right but just a person lookingout for your own benefits. I feel sorry for anyone who have to believe in you to defend them for anything. RainVet !
  18. TinCanMan

    TinCanMan Active Member

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    My compassion and willingness to help a fellow veteran does not extend to encouraging them to commit a fraud on the citizens. If you continue to do that, I will call you on it. It is just as simple as that.
  19. rainvet

    rainvet New Member

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    A fraud on the citizens. I will call you on it.

    TinCanMan, this is my last respond to you about the Fraund deal. I for one would let to know if you are a Mr Perfect person and have never lied and nor ever went around a sutuation in your life time. Playing the word game is what it all about and it not my way but it is the way the Gov't works weather you like it or not. I don't make the rules as you like to state about all the time but I dran well can try to help others Veterans out there know what going on and what to exspect and be ready for it. As for calling me to anything , that your right as is it my. Again I wish you all the luck in the world but you been in service too long and now you will has to learn what the out-side world is really all about. GOD Bless and try to remember that if you get that job, you are still there to help vets to presents there claim and not your feeling and what you think about them. You will be working for the State Veterans and not your own personal feeling on who you like nor not, it just plain and simple as that. Thanks you Sir for your service to our country. RainVet !
  20. TinCanMan

    TinCanMan Active Member

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    The only issue here is advising veterans to lie to a C&P examiner. Lying to a C&P examiner is fraud. It's just as simple as that. Put whatever spin you want on it but at the end of the day, it is fraud. I don't do that and I will speak out as forcefully as I know how when others do. It's not about perfection, it's about ethical standards.

    FWIW, I don't plan on getting any more jobs, I plan on "volunteering" with one of the service organizations.

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