ptsd n tbi claim

No Slack Bayonet

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The sexual assault should be more than enough thats a serious cause of ptsd, all you need is records. As far as proving it for combat i know what i did was just show them video coverage and they bought it right out so if you have that kinda proof you can. I know my unit took alot of casualties in afghanistan so if ur s did too it wont be to hard to prove. As far as the tbi what i was told is that the tbi itself doesnt stay with you but the after effects like i told you are what you get, yes you had a tbi but do you now have the after effects.
 

grizz13

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regarding my TBI i was diagnosed with vertigo in 2006 because when i would lean backwards like getting ready to lie down to go to sleep i would pass out before hitting the pillow. i kept going to the tmc for 3 months because the PA kept saying it would go away. i went to several PAs when finally one looked up my symptoms and actually helped me out. when i came back from my 2nd deployment i was sent to tbi n they acknowledged i had tbi and they were treating me for memory loss, vertigo, speach therapy and hearing loss. all this was in my medical records. my new duty station tbi claimed i didnt have any of it as soon as they found out i was going through the MEB. legal said that they are going the current assessment. how can i fight this
If it's in your records, there is no refuting it. Either way tbe VA will rate it by what is in your medical history and how the claim curently affects you now.
 

rum

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I met with my PEBLO regarding my appeal. They denied my appeal. I told them that the cmdrs report is wrong cuz I'm not doing my job. He refered me to legal n legal said that I could only appeal once which was the previous appeal so I have to sign it even if I don't agree. How can I agree with the NARSUM if its incomplete and incorrect? Please help
 

rum

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I met with my PEBLO regarding my appeal. They denied my appeal. I told them that the cmdrs report is wrong cuz I'm not doing my job. He refered me to legal n legal said that I could only appeal once which was the previous appeal so I have to sign it even if I don't agree. How can I agree with the NARSUM if its incomplete and incorrect? Please help
 

rum

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I just met with my PEBLO again. He gave me a copy of the new cmdrs report after he tried having me sign the NARSUM n I told him that he had informed that he would have the new report. Only then did he give it to me n its correct. But then he wanted me to sign the NARSUM n I told him that it refers to the old report so its not correct. So now he told me that he has to talk to someone to see if they have to send it all the way through since now the report supports me, or if they can just make the changes regarding the new report. To me that means they are not planning on sending it back to appeals which it would have probably been in my favor. How can they do. That when there's proof to my claim?
 

grizz13

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PEB will review it, if they find there is enough evidence they will force the MEB to make changes to the NARSUM. You still have another chance for an appeal on your 199 if it still doesn't hold with your view. You must treat it like a court case and provide documentation i.e. medical records, letters from supervisors, and so on. Try and get the letters now so you can include them with your NARSUM. FYI they can and will send up the NARSUM with the statement "SM refuses to sign" on it, it may actually help you in this case... Jason may be able to add more on this with his legal insight.
 

rum

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I just got a call from my PEBLO and he told me that they are going with the original cmdrs report and they are not gonna change my appeal or the NARSUM. They want me to go ahead and sign it. U mentioned that I should refuse to sign? I'm in the process of collecting these letters but some won't have them ready till next wk. Could I still send them with my medical records or keep them until the hearing
 

ranger2992

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Have you used JAG to help you with any of this? I am sure they will inform you as to your rights in regards to your NARSUM and commanders report. They will be able to tell you what is and isn't allowed and help you file your legal documentation as to your case. If you are not involving them with everything, then you are making choices and doing things in a game you don't understand. Sadly, the reality is that you will lose as it is a game being played by people who do this professionally. You do not and do not know the rules and the pros will trample you.

Go to JAG, call your OMBUDSMAN and talk to the Purple Heart. This is where you should be with this. Don't get yourself riled up and make bad choices based on speculation of the well intentioned members here. We offer advice based on experience, not law. The only ones in here who could give you real legal advice are Jason Perry, or Mike Parker. IDES is what they do for a living.

Joe
 

rum

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Oh thank u so much! I will check with JAG. I have been talking to legal but the only thing they told me was to sign it either agreeing or not. Again thank you for your comments and advice. This forum has really helped me as I'm going through the process. I feel a bit more knowledgeable every time I through another step in the process. Again thank you all that have taken the time to answer my questions.
 

rum

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Hi im back. I just got my ratings. Of course im fighting it cuz before the paperwork was sent to Washington I disagreed with the findings n after I got the supporting documents both legal and my peblo said they had to send the paperwork with the original documents which were wrong and send I would have the opportunity to appeal when it comes back. Well now that it came back they are saying I was supposed to of sent the changes before. I feel they are just screwing me over every way they can. Im going today to go argue with legal. Im guessing im going to need to hire a lawyer before I sign and of course appeal
 

rum

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Oh and now the paperwork is stating I have personal issues n adjustment disorders not sexual assault for the ptsd
 

rum

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Question I just met with legal and I tried getting an appeal to get my leg added from va to army as disqualifying so that I can fight for combat related injury. Legal doesn't want to appeal because my rating came back 30% from army n 80% from va. They said I should be happy and leave it as is. Is there a way I can appeal it? Would I be able to do it once I get out of the army or do I lose that opportunity once I get out
 

grizz13

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Wow you have had a lot going on, I advise you to go seek counsel with Patient Advocacy immediately along with reporting the PEBLO and Legal Advisors you have been dealing with. 30% Means you are going to be retired, standpoint for who ever is advising you, they think you got a good deal.
A couple of questions for you:
1. What post are you at?
2. Are you using the MEG Legal Office? I hope to god you are not going through your Brigade!
3. Why did you sign something you did not agree with? That is one of the last legal rights you have. You don't even have to sign a counseling statement if you don't want to...

It doesn't matter what the DoD rated your mental disorder as, it only matters if the VA rated it as PTSD. The DoD is not going to be treating you after you get out, the VA is. Most of the mental disorders are rated the same exact way.
 

rum

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I signed the paperwork that was sent to Washington as not agreeing because they told me I had to. They said it would be worse if I didn't sign.
1. Im in bragg.
2. I have been going to legal that deals with the meb
3. My peblo said I had to sign it because it would be worse if I didnt and he would have to tell my coc that I refused. I signed it but I said I didnt agree and that I had attachments but they never added them because the letter I received regarding the rating said they made their decision based on the commanders report which is the wrong one
 

rum

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If I want the appeal do I just tell my peblo I want to. Appeal or do I have to have all the supporting paperwork right away. 2nd I was told at the beginning that if I had any new conditions that I would get to add them at the end. Now im being told that I have to wait till I get out and report it to va. Is this true?
 

grizz13

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You can add conditions at any time, they are just trying to avoid doing paperwork. I'd go see Patient Advocacy about this one.
 

rum

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Thank you for your time in answering my questions.
 
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