Severe Traumatic Brain Injury and the bum's rush...

FloridaInjuredInCombat

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A long time friend and former teammate sustained a very severe traumatic brain injury while on Active Duty in 2011. He was driving his pickup truck down a highway near post, and about a foot long, 15+pound chunk of solid steel from a leaf spring broke away from a commercial truck in front of him. It skipped off the ground and went through his windshield, and crushed a sizeable portion of his skull. Unconscious he then hit several large trees beside the road at highway speeds before coming to a stop. It's a miracle it didn't just kill him outright.

After around a month in a coma, he woke to find a metal plate where his crushed skull had been, and underwent a very long rehabilitation before being returned to limited military duty to be processed through the IDES system. I went to visit him in the hospital not too long after he awoke from the coma, and many times since. He suffers from noticeable mental impairment, impaired judgment, and Grand Mal seizures.

Last year the Army and the VA in their "infinite wisdom" separated him from the service at 20%.

From what I've observed, not only has the service connected injury left him with severe mental impairments and limitations, as well as the Grand Mal seizures, but his judgment is not to the level where he should have been. He was left to navigate the IDES labyrinth on his own. In my eyes the Army gave him the "bum's rush" knowing that he was in no condition to fully grasp the convoluted IDES process or understand when and why he should have appealed such a low rating at the PEB stage.

I have encouraged him to file an ABCMR claim, emphasizing that given his severe traumatic brain injury and subsequent mental impairment, the fact he didn't appeal the VA ratings at the PEB stage and thus receive retirement not separation was due in large part to the Army and the VA taking unfair advantage of his injury and impaired judgment to accept an unjust rating and discharge.

He needs legal help on this big time, but is damn near being homeless when it comes to funds. He went through a divorce at the same time he was being medically discharged, and the Army and VA weren't the only one's to take advantage of his inability to mentally defend himself.

Who can he turn to for low cost or pro bono legal help in filing the ABCMR claim?
 
A long time friend and former teammate sustained a very severe traumatic brain injury while on Active Duty in 2011. He was driving his pickup truck down a highway near post, and about a foot long, 15+pound chunk of solid steel from a leaf spring broke away from a commercial truck in front of him. It skipped off the ground and went through his windshield, and crushed a sizeable portion of his skull. Unconscious he then hit several large trees beside the road at highway speeds before coming to a stop. It's a miracle it didn't just kill him outright.

After around a month in a coma, he woke to find a metal plate where his crushed skull had been, and underwent a very long rehabilitation before being returned to limited military duty to be processed through the IDES system. I went to visit him in the hospital not too long after he awoke from the coma, and many times since. He suffers from noticeable mental impairment, impaired judgment, and Grand Mal seizures.

Last year the Army and the VA in their "infinite wisdom" separated him from the service at 20%.

From what I've observed, not only has the service connected injury left him with severe mental impairments and limitations, as well as the Grand Mal seizures, but his judgment is not to the level where he should have been. He was left to navigate the IDES labyrinth on his own. In my eyes the Army gave him the "bum's rush" knowing that he was in no condition to fully grasp the convoluted IDES process or understand when and why he should have appealed such a low rating at the PEB stage.

I have encouraged him to file an ABCMR claim, emphasizing that given his severe traumatic brain injury and subsequent mental impairment, the fact he didn't appeal the VA ratings at the PEB stage and thus receive retirement not separation was due in large part to the Army and the VA taking unfair advantage of his injury and impaired judgment to accept an unjust rating and discharge.

He needs legal help on this big time, but is damn near being homeless when it comes to funds. He went through a divorce at the same time he was being medically discharged, and the Army and VA weren't the only one's to take advantage of his inability to mentally defend himself.

Who can he turn to for low cost or pro bono legal help in filing the ABCMR claim?

If this guy was driving directly to or from work, his injury should have been claimed under TSGLI.

There are NEW changes in this TSGLI - updated in FEB 2015.

So if he fights this and wins, I wonder if he can get TSGLI, too?

Wonder if he can apply for it now?

Here's the new poop on TSGLI....

http://www.benefits.va.gov/INSURANCE/docs/TSGLIProceduresGuide.pdf

Sometimes, I sure do wish I had a million bucks laying around. I'd gladly fund his case if I did.

nwlivewire
 
Have him contact the National Veterans Legal Support Project in DC. Has he appealed his VA rating. If he is in agreement that the condition is unfitting, then his fight is with the VA on the ratings side. He may have a fight with the ABCMR if he has multiple conditions from the incident but not all were deemed unfitting. What is his total VA rating?

When last year was he separated? When did he get his VA rating finalized? He may be on a very short timeline to file an appeal with the VA within one year of the rating to get the rating changed and effective the date of separation which is critical if he is to fight for disability retirement.

Mike
 
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Have him contact the National Veterans Legal Support Project in DC. Has he appealed his VA rating. If he is in agreement that the condition is unfitting, then his fight is with the VA on the ratings side. He may have a fight with the ABCMR if he has multiple conditions from the incident but not all were deemed unfitting. What is his total VA rating?

When last year was he separated? When did he get his VA rating finalized? He may be on a very short timeline to file an appeal with the VA within one year of the rating to get the rating changed and effective the date of separation which is critical if he is to fight for disability retirement.

Mike
I believe his separation was done in July 2014, not sure when the VA ratings were done. I'll let him know today. Thank you.
 
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