New here, but need some help. I was ch 61 medically retired in November 2012 as an E4 with 4.9 years of service. Long story short I was in a vehicle incident in Baghdad 2010. Got slammed around my turret, saw stars, can't remember the next .....hours until the mission was over. No incident report, as most grunts would avoid, then 2 weeks later went in and it is all documented after that. May of 2011 I was medevac'd for meningitis and Lyme disease. 6 weeks in hospitals, in a wheelchair and told I'd never walk again, initially told I was going to die, numerous positive TBI and PTSD screenings, etc. During my PEB I had some issues with my initial claims as the VA was trying to deny my TBI claim. They gave me 60% overall for anxiety (instead of PTSD), and gave me both C-spine and L-spine injuries from the vehicle incident. They said my TBI claim was "not service connected" and went even further in my ratings decision (which I just saw today for the first time 12 years later) that it was "Note Service Connected, Peacetime, Not Incurred/Caused by Service". My PEBLO said I could just accept and the VA would take care of me later, or I would have to stay in and suffer while I fought the VA. As a 25 year old with TBI and PTSD, scared to get stuck in purgatory, I signed and got out. As dumb as it sounds, up until a year ago I thought the VA would update my disability percentages automatically if they thought it was warranted. Stupid, I know, but I'm a grunt and I just went about my life, pissed off for years about both the DoD and VA sides.
I finally filed new claims for the first time since 2012. 3 increases, 1 change of Anxiety to PTSD and increase, 2 new, 2 secondary, and 1 supplemental for the TBI claim. I have a nexus letter from the TBI/Polytrauma Director at my VA stating that my TBI and residuals are from the vehicle incident in 2010 Iraq. The DoD has me at 40% disability, and the VA has me at 40%. Many people I know, including my VSO, thinks my current claims are a slam dunk 100%, or at least should be.
My question is, is it worth appealing to the PDBR or BCMR and trying to appeal the original decisions? If the VA grants my claims as service connected, will that change anything on the DoD side? Or is there another route? Am I screwed because 12 years has gone by?
My main concern is that I am going to file for CRSC. If the VA grants the TBI and/or others that are all from the same deployment, and combat related, I am looking to get my DoD disability percentage increased, thus increasing my CRSC. I just really feel that their initial evaluation and determination was wrong, not just a simple error, but flat out wrong, and that I was mislead by my PEBLO and left to fend for myself. I don't have a lot of money for lawyers and stuff, so just seeing what I can do on my own, or at least making sure if it is worth pursuing or not.
I finally filed new claims for the first time since 2012. 3 increases, 1 change of Anxiety to PTSD and increase, 2 new, 2 secondary, and 1 supplemental for the TBI claim. I have a nexus letter from the TBI/Polytrauma Director at my VA stating that my TBI and residuals are from the vehicle incident in 2010 Iraq. The DoD has me at 40% disability, and the VA has me at 40%. Many people I know, including my VSO, thinks my current claims are a slam dunk 100%, or at least should be.
My question is, is it worth appealing to the PDBR or BCMR and trying to appeal the original decisions? If the VA grants my claims as service connected, will that change anything on the DoD side? Or is there another route? Am I screwed because 12 years has gone by?
My main concern is that I am going to file for CRSC. If the VA grants the TBI and/or others that are all from the same deployment, and combat related, I am looking to get my DoD disability percentage increased, thus increasing my CRSC. I just really feel that their initial evaluation and determination was wrong, not just a simple error, but flat out wrong, and that I was mislead by my PEBLO and left to fend for myself. I don't have a lot of money for lawyers and stuff, so just seeing what I can do on my own, or at least making sure if it is worth pursuing or not.
