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Okay look I've typed this three or four times, but not sure what to say really. Okay you guys are gripeing about one year etc. Well I have been fighting since 2001, and I'm rated at ten percent, but yet I get full social security because I'm legally blind. I mean look I got diagonsed with pigmentary disperrsion syndrome in 1998, and glucoma, and was having vision black outs, and black spots, but the VA is saying that all of my trouble is due directly to a motor vehicle accident I had that I plead guilty to a dui for because my acting first sergant and commander claimed they had worked out a great deal for, and they had no fine, jail or anything. Nothing for DUI. Well all I heard was my bac was high they told my mom .18, my sister .2, someone else .213, I mean I've heard it all, but get this when I started law school there was a hold on me from NC where this all occured, so I started fixing it, and guess what I found out. When the court asked for it the hosptial couldnt produce it, so 8 years later I got the DUI tossed because they have no bac, not the court, the air force, the cops, nobody can find it, and no mention of it in any of my medical records from the time. Well I applied for the change to my military records because the VA says thats why their not paying me, but the VA told me I would have to wait until I got my records changed. So here I sit in the same boat, but I cant figure how if the court said it was unconstitutional that the VA can use it because they derive thier power of the UCMJ from that very document. Also I still can't understand why I cant get paid for something that was pre-exsisting. I mean I came out of service at 40% service sonnected, but get this at the James E Haley Memorial hospital the VA South East headquaters I was service connected at 100%, so I scream why am I getting paid at 10. Any advice on how to finish this would be great.
 
Posts: 21 | Registered: Thu April 10 2008Reply With QuoteEdit or Delete MessageReport This Post
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when you are In the hospital,over a period,of time ,you are 100%,but once you leave the hospital,you lose the 100%,,so you go back to your 10%,you have to open a claim,to start the hospital stay.
 
Posts: 126 | Registered: Sun April 02 2006Reply With QuoteEdit or Delete MessageReport This Post
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Shawn,
If it was a pre-existing condition then why are you rated for a "service connected" disability in the first place? You should only be rated service connected if during your service you injured yourself in some way to make it worse.

As for the rest of your problems, I'm sorry but I couldn't quite understand them - have you tried getting help from anyone at the DAV or other Vet organizations? Some suck, some don't. It's worth it to at least give them a try. They know the in's and out's a lot better than most of us anyway.

Good luck getting your records figured out.
LMasure
 
Posts: 26 | Registered: Mon September 27 2004Reply With QuoteEdit or Delete MessageReport This Post
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if you had a pre-exsisting condition in service you can file a cue claim. as you were unfit for service,condition should of showed up on exam to enter service
 
Posts: 126 | Registered: Sun April 02 2006Reply With QuoteEdit or Delete MessageReport This Post
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I know this is off topic and I am not a veteran, but wanted to thank each and every one of you for all you have done, and continue to do for me, my family, and the whole country. You are what makes America the great land that it is! Thanks!

http://www.youtube.com/watch?v=wMhGhBgvMCM
 
Posts: 9 | Registered: Wed November 19 2008Reply With QuoteEdit or Delete MessageReport This Post
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