Cannot decide, want to fight but who and were

[TSgt Twitch]

My main "gripe" is with the va, they overlooked some major stuff and some minor stuff, all of which would bring me to 100%.

I have been approved scaadl and SSDI, but not being paid yet

The IPEB only declared my fake right hip and left hip (FAI) as unfitting-60%

The NARSUM/refferal, was for both hips and back

IMR request was for both hips, back, neck

My MSC, is a great guy but useless, did not know anything about va caregiver, what voc rehab ILP was, or even the acronym TDIU (he knew IU once I spelled it out) or when I could apply/how, He also said that I cannot appeal anything until claim is finalized, but that is only taking 60-90 days now.

In order to get to 100% with the VA while active duty, I have to win on the thigh being found unfit, I have very little if any supporting evidence to show the thigh unfit, specifically since the VA did not rate it properly, I would in essence have to argue varicose veins removed 10 years ago as unfitting and then IF i won, would still have to do the VARR to fix the neck rating and the thigh rating.

I still would have to appeal once out anyway because of items that I know are not unfitting needing correction. My knee, Sleep Apnea, My feet, Blood pressure etc.

I am considering for peace of mind, popping smoke and taking the fight to the VA, the ONLY thing I forfeit in the mean time IF I won and got to 75%, would be about $500 a month, which I would "loose" once the va fixes everything and back pays me the 100%. However should I ever get better (not likely), the DoD percentage is fixed in place. I feel I owe it to myself and to everyone here to fight to the end, but financially it makes no difference to me, So I am left with peace of mind, justice, and my physical well being.

Obviously I stand to make more cash if I stay in longer getting full pay and benefits while getting scaadl and SSDI etc. (neither have actually started yet, so even that is almost irrelevant).

Physically, going in everyday (most days), driving/walking etc. hurts me, it hurst everday, the only relief is rest and I do feel better on a monday vs on a thursday. So physically, the sooner I can stop reporting the better.

Mentally, I have real issue with injustice, I have real issue with patience when fighting injustice, I have real issue with incompetence. Work does not make my life hell, but I dread going in everyday, but will that be worse than dreading waiting for stuff to get fixed on the outside, or will I get more pissed waiting and potentially loosing on the inside.

The smartest thing financially is to fight, even if its just to draw out the process a little while longer. But I have been done with the AF and this process so long mentally, seeing a light, and knowing my end is neigh strangely brings me relief instead of disappointment, so why would I rob myself of that, just to continue a fight that ultimately does not matter.

If my financial situation outlook was bad, no question, If my condition was not so incredibly painful, no question, If I could be assured that my immediate leadership was 100% supportive, no question. But drawing it out for the sake of drawing it out, even with the large monetary gain, means nothing to me, so the only reason left is to correct injustice, and the main injustice is with the VA.

I think my decision is going to be made on the way to the peblo's office, but I am leaning towards two things.

1. popping smoke, selling leave and not turning back to see my dust trail
2. Do a VARR on my right hip, with the new evidence I have showing multiple injections for bursitis, multiple lost days of work for the hip etc.

Doing the later will draw me out a few extra weeks and potentially give me a win all the way around, doing the first will allow me to submit my new claim for TDIU and ALL of my evidence for ALL of my claimed conditions at once. Selling my leave would give me a decent cash buffer to bid time until everything gets closed and payments start etc. and even SCAADL is continued to be paid for up to 90 or until caregiver kicks in, so shrug.

(the AF does not give DD214 until done and done, they do not give it during terminal etc., from what I am told)

 

[11C]

I wouldn't sell leave, your leaving BAH and BAS on the table. Go on terminal and fight after.... gotta give yourself time to regroup and recover for the next fight. Just my two cents.

 

[TSgt Twitch]

I wouldn't sell leave, your leaving BAH and BAS on the table. Go on terminal and fight after.... gotta give yourself time to regroup and recover for the next fight. Just my two cents.

Which is good advice, however, with no DD214 in hand the fight to the VA would be delayed that much longer. The selling of the leave is there as a "safety net" in case they screw up more like the commonly do with simple stuff like SSDI dependents, VA dependents etc. or if VA caregiver does not go through as smoothly as it should. With SCAADL/VA caregiver, I am on the "edge" so to speak of being qualified, once qualified however I rate the medium amount no problem, because my wife is awesome and does so much for me. I want justice, but I am so mentally and physically exhausted with the DoD side of the house, that in stretching things out that far makes little since physically/emotionally.
If I pop smoke and request a 60 day(basically) retirement date, I will basically start out processing as soon as the papers drop. I will still have to take 5-10 days of leave and the 20 permissive days. We are not moving, and I am not concerned with job hunting in my situation, so I could apply all of my efforts to fighting the VA and most importantly REHAB. I know in my heart I have a sufficient case for 100% either natural or through IU and with Just the VA pay at 90% and SSDI, I will be making about $200 more a month than I do now, throw in some bills paid off with the SSDI back pay/leave sell/savings etc. We will be living pretty decent financially during the fight to 100, and with SCAADL going 90 extra days or until va caregiver pays, even more so stable financially.

The work situation besides the daily added pain is my command supports me fully, however my immediate boss seems to think I should not schedule medical appointments during my 4 hour shift and wants to move me to swings so I be there the full 4 hours and go to all my appointments. He does not understand that the 4 hrs is the only 4hrs I got in a given day, rather spent there or at doctors appointments etc.

 

[11C]

I feel for you, maybe popping smoke early is best. I'm not too far into this and it's already taxing my patience, both with the process.... lack of info of whats really going on, and with parts of my command. I think this is an area well out of my area of "expertise" and maybe others will have far better insight than I have. I can however remind the NCO I am talking to.... do whats best for the troop (you in this case) better to win the war than worry about one battle

 

[gsfowler]

In my opinion, you should get all of your ducks in a row to ensure you can get the remainder of your service connected claimed conditions filed with the VA the day you separate. The claim will be back paid until the date it was filed if approved.

If your personal finances in between the DD214 and finalized ratings are going to be an issue, I think you should inform all of the companies you are indebted to and go over the situation with them. They may offer forgiveness, forbearance or modification of debt.

Some folks call it playing the wounded warrior card, I prefer to think of it as being proactive.