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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 85888
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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I live on social security and federal disability

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I live on social security and federal disability retirement, so my income can be somewhat limited. I sustained heat stroke on active duty training and want to know how do I "prove" to the VA I sustained TBI from when my heat stroke condition caused me to collapse to the ground several times striking my head each time? I still have a scar on the back of my head and since those injuries I was seeing a psychiatrist for major depression/mental health issues and then he got me released honorably from the military. I'm a 41 yo veteran, joined the Army National Guard in 1989, and sustained heat stroke in the early 1990s while on active duty training - this is not in dispute by the VA per my military files. Around that time and since that incident I started to have various psychiatric/mental health conditions, troubles, sleeping, flashbacks of how much pain and sadness this injury caused time caused me because when I collapsed from the heat stroke. I hit fell and hit my head several times and feel I sustained a concussion/head trauma (TBI) because the back of my head was bleeding and required stitches - I still have the scar on my head. Then, I was having near death experiences and nurses checking on me very often to make sure my kidneys did not shut down while I was on IV solutions. I even have a large scar on the back center spot of my head where I was stitched up from head falls sustained when collapsing. Since those injuries major depression and recurring thoughts/voices in my head about death set in and then I was referred to a psychiatrist. Soon thereafter I was removed from any military activity, put on meds, and months later I was honorably discharged from the service based on my psychiatrist recommendations. Since then I still can take potassium tablets due to low potassium levels in blood work done by my doctor, plus I take celexa, wellbutrin, and a couple other mental health drugs. I've been messing with filing VA disability on and off since 2002 and get nowhere but denials. So now I'm lost again, still the effects from my injuries affect me especially the head/mental health. I can’t be in rooms of high temperatures or outdoors in high heat due to feeling sickly feelings of heat stroke are re-occurring and I was told by a couple medical doctors heat stroke never goes away. And, I was tested/diagnosed by a hearing specialist that confirmed I had ringing of the ears and some hearing loss. I was released from military duty by a psychiatrist and his recommendations and currently see a psychiatrist, taking my meds, and have been seeing a doctor again about mental health issues and depression again since 2004. I worked for the postal service from Aug 2002-June 2011 and went on LWOP back in Nov 2010, I’ve been on social security disability since June 2011, and just was approved by the OPM for FERS disability retirement. Also, I've been seen by a hearing specialist and tested and she diagnosed me with some hearing loss and ringing of the ears to due my military services and job of rock quarry and demolitions. Could I have your help? My last VA denial was around February 2012. I have no counsel representing me; I can also email my entire military file and latest denial letter. Dominic XXXX XXXXXXXXXXXXXXXXXXXXXX Phone: XXX-XXX-XXXX
Submitted: 1 year ago.
Category: Legal
Expert:  Law Educator, Esq. replied 1 year ago.
I am sorry to hear you are having this problem with the VA, but I am afraid it is going to require you filing an appeal hearing with the VA and you will have to present medical testimony relating your heat stroke and fall to your current condition. Whether or not the VA will approve this is based wholly on the strength of your medical reports from your doctor. If that connection is not made in your current medical reports, then you will need a doctor to examine you and the records and be able to state with a reasonable degree of medical certainty that the heat stroke and fall caused the condition you are now suffering.

You also need to consider using an attorney to handle your appeal, since most all of them that handle VA appeals do so for a small percentage of the benefits they obtain for you.


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Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 85888
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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