My husband is an E-5 in the USMC and tore his ACL back in March during PT. The Doctors kept brushing him off saying because he wasn't an athlete or a pilot he would get waitlisted for surgery. His time came up and he separated from active duty August 1st (6 months after the injury) and after several appointments they NEVER fixed his knee. He had a police officer's position waiting for him when he got off active duty but now they won't take him because he is considered unfit for duty because of his knee. Now Tricare says they wont pay for any surgeries because we are no longer on active duty and my husband is having difficulty finding jobs in his line of work because of his knee. Is there anything we can do to be compensated monthly for this? Our finances are suffering to the point of possible foreclosure on our home. Is there some kind of VA benefit or disability benefit? We can't pay for this surgery out of pocket, and it happened while on active duty.
2007-09-01 16:21:06 · 9 answers · asked by tristalelyn 1 in Politics & Government ➔ Military
Upon separation, he should have received a separation physical. Any problems should've been annotated.
After that, he needs to take his medical records- you DID get a copy didn't you? to the VA for an evaluation. This is NOT automatic, YOU have to file for it. Your husband should've got all this in his Transition Assistance Program (TAP) classes.
They will determine what, if any disability he is entitled to. The VA will also pay for the surgery; HOWEVER the disability benefit is not that much cash, though it is tax-free. As an example, I'm rated at 40% disability and my check is $501/month.
This is kinda coulda-shoulda-woulda, but was he medically separated? Frankly if he just got fed up and left, it's going to be difficult to justify (DoD's thinking being that his medical condition had nothing to do with it) If so,that's much more ammunition to assist you. Also, the American Legion and VFW are veteran's advocates and can assist with the paperwork.
2007-09-01 16:44:25 · answer #1 · answered by jim 7 · 0⤊ 0⤋
if him injuring his knee was noted in his military medical records all you have to do is go to your local VA Clinic ask to speak to a Vetrans service rep and they will file the paperwork for you.
Once the disability board recieves the claim you filed with the VET rep they will start the ball rolling by scheduling a C&P exam (compensation and pension) where a VA doctor will examine his knee where the doctor will make out a report of his observations from the exam and he will also be asked by the disability board to answer specific questions about your husbands conditions that they feel they need to know in order to decide.
when you initially file and you are waiting for your C&P exam they will most likley send you a letter asking for additional information.
I was wounded while serving in the marine corps and spend a lot of time at the VA clinics going through rehab over the last few years and I know a lot of people who have done what you are talking about look for it to take between 1 to 1 1/2 years for the entire process to be completes.
you also might consider allowing an organization like the DAV (disabled american vetrans) handle the claim for you from start to finish they can sometime speed things up a bit and also will help make sure you get them everything they need. their service is free and they are very good at what they do
2007-09-01 16:55:22 · answer #2 · answered by Geoff C 6 · 0⤊ 0⤋
You are going to have to work through the VA. The good news is that, if everything is documented, he's likely to get the care needs and possibly compensation (it has to be over 30% to get a monthly check).
The bad news is that nothing is going to happen fast. It's going to take a couple years to sort things out.
Did he even bother to attend Transition Assistance? All these questions should have been addressed at that time.
2007-09-01 17:49:07 · answer #3 · answered by Yak Rider 7 · 1⤊ 0⤋
When he got out, he should have had a separation physical. That is generally where they assign disability. I would first try to get an appointment with a VA hospital and get his status changed or his injury fixed. There are probably VA representatives at the hospital that decide what action they will do. Good luck.
2007-09-01 16:31:38 · answer #4 · answered by bravozulu 7 · 3⤊ 1⤋
That sounds like a suit. I would apply and ask for back disability pay. I would also like to see his medical records, if they have not been doctored or destroyed!
He should be at the VA asking why and applying!
The military should pay for any surgery and rehabilitation. Don't let them get away with it. They always try! I hope you have some copies!
2007-09-01 16:30:28 · answer #5 · answered by cantcu 7 · 0⤊ 2⤋
I am sorry I don't know who to tell you to contact, but I would pursue this to the end. They owe him that Surgery, and if need be, see an Attorney to get them to pay for the surgery.
Good Luck.
Thank you to your Husband for serving!
2007-09-01 16:27:59 · answer #6 · answered by ♥ ♥Be Happi♥ ♥ 6 · 2⤊ 0⤋
He needs to file for VA disability benefits. He should have been briefed on that as part of his separation.
2007-09-01 16:28:47 · answer #7 · answered by Anonymous · 0⤊ 2⤋
Why did he separate without that being annotated? If he can prove that he received this injuring during his time in serve (it should be in his medical records) then yes he can get it taken care of.
2007-09-01 16:27:25 · answer #8 · answered by Anonymous · 0⤊ 2⤋
You might call a lawyer that knows about mil law and see what he might suggest.
2007-09-01 16:30:38 · answer #9 · answered by Anonymous · 0⤊ 2⤋