Help: HIV positive: Current Situation with %rating.

Duran1015

PEB Forum Regular Member
Registered Member
May be a confusing post not sure where to post first time in here. Thank you for understanding in advance. Here it goes. I went into US Navy July 1989 boot camp. End of September 1989 had C school liberty weekend. During Friday night late was assaulted at gun pointand took against my will sexually raped. In a home near LA as I remember forced and tied couldn’t get away. Two days this happened until was driven down back to San Dpigeon and told to get out of vehicle near Liberty station entrance. I ran to security at gate and told them please get someone to follow that car. Shaking was telling them I was raped by the guy driving. I kept telling them what had happened. One took me to my barracks and took to my Company Commanders office.

All distraught told them what happened. Me still hurting to sit and walk. My Company Commander said if wrote this down. I would be kicked out for having homosexual experience. Told to go get ready for bed as it was almost lights out. The next day came all he did was ask me how was feeling. That was it mainly for couple days. So school goes by and get sent to ship in Pearl Harbor.

Get onboard work daily to get ready for Persian Gulf. End of March 1990 all had to get blood drawn. End of May called into our ships Dr. office. My Chief Warrant Officer started locking doors. Told me that had something very scary to tell me. She asked how I was feeling over and over again. Finally she said the blood test came back. Pulled out paper in envelope and said mine came back for HIV. Only person had intercourse with was during the sexual encounter. Told me to go to bed rest and pack my things. That I would be medavac to Balboa Hospital in San Diego within three days. To do second test to confirm and counseling. nearly 5 months go by in counseling and tests. I get to pick my next duty station. I picked Corpus Christi, TX because had lots of family there.

During the time in San Diego entered research studies for the HIV. Only a carrier no AIDS. Flew back and forth to Bethesda, MD for studies. During that time I got really ill. I didn’t know where I was how I got there to Bethesda. National Naval Medical Center is where I was for studies. I woke up in Psychiatric ward with nurse sitting by me when woke up. Started talking on what was experiencing. Well 4 months in hospital there they said I Schizophrenic. That was hearing voices and things happening. I was telling them about seeing and hearing the things from the sexual trauma. I get released back to Texas I go. Get call and letter stating being placed on TDRL for schizophrenia not HIV. Within couple all is done and I leave service on 12/21/1991.

Placed on TDRL start seeing VA in Corpus Christi and San Antonio. Several months go by I get 30% for schizophrenia 0% for HIV. Due to nothing in record about the sexual trauma they could find. So I continue to live my life. Fast forward until 2012 still alive and well. Try to add the HIV VA gave me 30% HIV, 50% PTSD. Continue to get my check. Now in 2017 I get dropped to 10% schizophrenia now say missed diagnosed me. 50% PTSD 30% HIV 10% left leg neuropathy 10% right leg neuropathy 10% left hand neuropathy 10% right hand neuropathy my VA is 80% now. check monthly at $1767.69. So now this week had a appointment outside VA to see Dr. plus labs done out of VA. I guess the VA is full on getting seen. I have now hearing aids in because can’t hear in both ears since 2018. Loss of bone density due to meds from HIV. Lost 6 upper teeth last year alone from bones being brittle. Headaches have become severe. Constant falls two year’s legs give out at any time while walking.

Landed on hip and and been going thru chiropractor and physical therapy since1/2018. Numbness has been more frequently and swollen feet. Not diabetic been tested. An update to increase my percentage saying should be done 12/3. Should I get a VSO to help? All say booked and call again Tuesday. With the miss diagnosed then I should of been able to stay in service and not get booted out. Plus I should get back pay right from 1991 when applied at VA? All I wanted was to do my 20 year’s. To this day I am still alive and going. How and what should I do? Any advice apprevisited.
 

RonG

Super Moderator
Staff Member
PEB Forum Veteran
Registered Member
Recommend you present your case to a VSO.

Good luck,
Ron
 

gsfowler

Super Moderator
Staff Member
PEB Forum Veteran
I rate for the VA and a VSO will not really serve any purpose in your situation except giving you access to your proposed increase/decrease while the letter is in the mail.

Your current ratings increase request will be based upon your current treatment records since your last rating and your disability benefits questionnaire(s) that were completed.

If they initially rated you 0% for HIV, you were service connected and the MST would not have had been a factor in your rating percentage, the 0% would have had come from the symptoms/residuals that were in your service treatment/private/VA records. That’s not to say the 0% was not an error, it was how you were rated at that time.

HIV in itself is not a disqualifying condition, it becomes disqualifying once it affects your abilities to perform the duties that are related to your MOS/rate.

From what you are describing from the behavioral health fact pattern, the TDRL would have had been appropriate.

The drop from 30% to 10% for behavioral is not unusual, but would not typically happen unless you did not make it to a re-evaluation appointment.

You are a very good historian and have provided a fact pattern and timeline lad leads me to believe the Navy may have discharged you for a “condition not a disability” is this the case?

As far as getting pay back to 1991, that may be a challenge, however there may be other legal remedies to assist you.

I am not sure if you have been working with a MST coordinator at the VA, if you have not, please use this link to find one at your local regional office Military Sexual Trauma Coordinators - Veterans Benefits Administration
 

Duran1015

PEB Forum Regular Member
Registered Member
I rate for the VA and a VSO will not really serve any purpose in your situation except giving you access to your proposed increase/decrease while the letter is in the mail.

Your current ratings increase request will be based upon your current treatment records since your last rating and your disability benefits questionnaire(s) that were completed.

If they initially rated you 0% for HIV, you were service connected and the MST would not have had been a factor in your rating percentage, the 0% would have had come from the symptoms/residuals that were in your service treatment/private/VA records. That’s not to say the 0% was not an error, it was how you were rated at that time.

HIV in itself is not a disqualifying condition, it becomes disqualifying once it affects your abilities to perform the duties that are related to your MOS/rate.

From what you are describing from the behavioral health fact pattern, the TDRL would have had been appropriate.

The drop from 30% to 10% for behavioral is not unusual, but would not typically happen unless you did not make it to a re-evaluation appointment.

You are a very good historian and have provided a fact pattern and timeline lad leads me to believe the Navy may have discharged you for a “condition not a disability” is this the case?

As far as getting pay back to 1991, that may be a challenge, however there may be other legal remedies to assist you.

I am not sure if you have been working with a MST coordinator at the VA, if you have not, please use this link to find one at your local regional office Military Sexual Trauma Coordinators - Veterans Benefits Administration
Well the 0% I say that because nothing was ever put in until 2012 when received 30% for it. Though all along it was in my records since 1990. My papers from Navy say I got put on TDRL due to schizophrenia a disability that isn’t fit for duty at this time. Placed on PDRL after 5 year’s. Always made appointments when told for re-evaluation. They said it was dropped to misdiagnoses but had to keep 10% in. I just keep having others tell me from MST. That I need to open up my case. So now just trying to see what happens or what should do next. Thank you.
 

chaplaincharlie

Super Moderator
Staff Member
PEB Forum Veteran
Lifetime Supporter
Registered Member
I second @gsfowler 's suggestion regarding a MST counselor. The sensitivity of the military to MST is not where it ought to be in 2019. The sensitivity to male on male rape in 1989, would not have been very good. A MST counselor can provider you sensitive and appropriate guidance.
 

oddpedestrian

Super Moderator
Staff Member
PEB Forum Veteran
Lifetime Supporter
Registered Member
I'm confused here you were placed on TDRL then PDRL for Schizo then at a later time the Navy did an audit reduced and separated you at 10% when did the audit occur? Did you concur with these findings? I believe you have a case here to get your retirement back I'm concerned over the perceived error of a "misdiagnosis" as it has little to do with your social and occupational functioning which was above 30% so I don't know why that was reduced too unless it was a total severance.

I must agree with my colleagues here at that time they did not know how to properly diagnose your problems back then is your PTSD claim from the VA MST?

It looks like your fight is with the BCMR and the Navy and your claim at face value is very much legitimate I wouldn't advise you to go for it if I thought it was a shot in the dark but many law schools do this pro bono as well maybe Jason has some contacts for you.
 
data-matched-content-ui-type="image_stacked" data-matched-content-rows-num="3" data-matched-content-columns-num="1" data-ad-format="autorelaxed">
Top