I am a medically discharged, combat injured, former wounded warrior and was a SSG in the U.S. Army with 15 years of active duty service. To make it easy for you to get a background on my issues I have included a letter I wrote and sent off twice, once to congressional representatives in Texas, while in the Wounded Warrior Program and struggling to get proper health care, and the other to the representatives in CO after being medically discharged from the Army and sent to the VA for all my medical concerns.
Since I have sent the letter to the representatives of CO I am finally getting some attention, (it has been over a year since my last claim was filed with the VA).
The story you are about to read is a true story and it was my dilemma while at Fort Hood, TX and in the Wounded Warrior Program. The names of the mentioned people were/are the actual people that I dealt with for my concerns and issues. Since I am no longer in the military, I don't think I am breaking any chain of command rules.
I look forward to hearing from other Veterans with similar issues and maybe we can figure out how to try and get some of them fixed or at least seem by someone who can try to help us...
Letter to, Representing, Colorado, Dated June 2013.
I am sending this letter to you in
hopes of trying to resolve issues experienced while in the Warrior Transition
Brigade, (WTB), at Fort Hood, TX and ongoing problems I am having with the VA
system. I want this situation noticed and fixed so this doesn't happen to other
Wounded Warriors. I have stated a summary and listed the details of my dilemma.
In short, I have been denied proper medical care, not been paid for 11 months
and am now homeless. I am in daily chronic pain and about to have my fifth
surgery. When my VA disability is finally processed and I am receiving VA
disability pay, the Colorado Court system will probably declare my disability pay
as income that can be used as spousal support to my ex-wife of over four
years.
I look forward to your response and can be
reached by email at bruce_vman@yahoo.com, or by Cell Phone at 972-816-5703,
Bruce D. Vannatta, Medically Retired SSG U.S. Army.
Summary
of Facts:
·
Sustained multiple injuries while deployed
to Talil, Iraq 08-09, while performing convoy security duties, along with
normal military operational functions.
·
Med-i-vac'd out of Iraq and flown into
Fort Hood, TX.
·
Three back surgeries resulting in a 360
fusion at L4-L5.
·
While in WTU saw three Neurosurgeons who
suggested multiple levels of cervical spine fusion, every request was denied by the WTU command
leadership at Fort Hood.
·
Medically discharged from the Army July
2012 and sent to Denver VA for follow on medical care.
·
Preliminary Disability Rating of 30%
from Army and 70% from VA, currently file sent back to Seattle DES for final
rating.
·
Have yet to be paid ANYTHING by the
VA!
·
Consults set up for recommended VA
doctor specialties but have yet to get an appointment.
·
First multilevel cervical neck fusion
done by a civilian surgeon through Medicare November 2012.
·
Currently working on second neck surgery
through the same civilian surgeon.
·
Court dates set, trailing December 2013,
firm March 2014 to stop spousal maintenance, papers filed for contempt of court
for not paying spousal support since being medically discharged and not paid by
VA.
·
Not working since 2009 due to medical
disabilities and ongoing surgeries.
Details:
Sustained
injuries while deployed to Talil, Iraq 08-09, while performing convoy security
duties, along with normal military operational functions. After being
Med-a-vac'd out of country due to not being able to walk, I had three back surgeries resulting in a 360
fusion at L4-L5, and was trying to have medical attention now focused on my
cervical problems. Started neck treatment in March 2011 with Dr. Charles S. Chang,
Plano, TX, who recommended Physical Therapy, followed by Pain Management and
lastly cervical fusion surgery if steroid injections did not help relieve the chronic
pain. This was his care plan before being mandatorily transferred to Fort Hood,
TX, July 26th, 2011, so that
I could start my medical board proceedings. Dr. Chang recommended I go to Pain
Management and have injections before he would then proceed with a multiple
level cervical fusion, C5-C6 and C6-C7. My neck MRI taken in July 2011, showed
disk bulging at all cervical levels which were pressing against the nerve root
causing chronic pain, narrowing my
spinal canal, and the fact that most of my cervical vertebrae appeared to have
multiple fractures that attempted to heal themselves but were not given proper
medical attention to do so.
Once transferred to Fort Hood, TX, I
was immediately inputted into the MEB, (Medical Evaluation Board), process to
be evaluated and possibly medically discharged from the U.S. Army for the three
back surgeries, ending with a 360 Fusion surgery at the L4-L5 level. I tried to
receive treatment for my neck pain and was sent first to physical therapy at
Carl R Darnall Medical Center, (CRDMC), and was instructed at that time to
continue doing my own physical therapy exercises because there was nothing further
they could show me.
I was then seen by Dr. Linehart, the
Pain Management Dr. at CRDMC and he examined me, looked at my MRI from Dr.
Chang and suggested one round of steroid injections. He performed this procedure
under local anesthesia by inserting a catheter into the base of my neck,
running it to the base of my skull, and injecting the solution at each disk
level to capacity. My entire back felt like it was on fire for three days and I
received no pain relief from this procedure. Dr. Linehart then suggested that I
go back to my surgeon to start the process for cervical fusion surgery.
I was then scheduled with an
appointment to see Major Gloystein, CRDAMC Orthopedic surgeon, he reviewed my
MRI results and noticed that I had some concerns and issues at C5-C6 &
C6-C7 and also noted that I had some noticeable degenerative and arthritic
vertebrae along with narrowing of my spinal canal. He said that I would
eventually require some type of surgical procedure but did not recommend it at
this time because I was in the MEB process and it could slow down or stop the
process due to possible complications. He subscribed Valium and Mobic for me
and said that I should start taking the medication until I could complete the
MEB process and be passed onto the VA, (Veteran’s Administration). I informed
him that the medication was going to be a band aid for a recognizable condition
that could be corrected with surgery, and he agreed but felt that the MEB
process took precedence.
I then asked for a second opinion
from my NCM, (Nurse Case Manager), to see a Neurosurgeon and was referred to a
Major Braxton, an Air Force Neurosurgeon at BAMC, (Brook Army Medical Center,
Fort Sam Houston, TX). He reviewed my records, MRI results and Radiology
report, along with Dr. Chang’s and Dr. Linehart’s recommendations. He also
agreed with both of them that a corrective/elective surgery of a cervical
fusion at C5-C6 & C6-C7 could be performed in order to relieve
approximately 80% of my chronic pain. He also noted that he would be sure to
clean up the Degenerative and Arthritic vertebrae around the area to help
alleviate some of the narrowing of my spinal canal, plus replace the disks at
both levels so that they would no longer be bulging and pressing on my nerve
roots. Major Braxton wrote up a highly informative and descriptive report which
was added to my medical record, he also noted that this surgery could be
performed in conjunction with my MEB process and should not affect the process
nor the outcome.
All these reports were compiled into
a surgery request packet to be sent through the MEB chain of command
representatives for approval for surgery. All parties, beginning with my NCM,
PCM, CDR, PEBLO, Chief MEB surgeon LTC Chitwood, and the BDE NCM LTC Williams
approved the suggested surgical procedure from Major Braxton, which could be
performed in conjunction of my current MEB process. Once the packet reached
Major Collins, PA, in the position of
the WTB BDE Surgeon, it was disapproved, along with Colonel Kolessar
because he followed the advice of Major Collins.
When I heard of this I immediately
confronted my NCM and asked for an explanation why everyone but Major Collins
approved my surgical procedure, and how could Major Collins step over LTC
Chitwood’s recommendation. A meeting was set up with Major Collins to discuss
what his criteria was for me being denied a surgery that could possibly relieve
80% of my chronic pain and could be conducted in conjunction with my current
MEB process, meaning the MEB could continue on its current path and no matter
what the outcome of this surgery at the end of the MEB I would be transferred
to the VA for all my follow on care.
When my CDR, Major Good, and I met
with Major Collins the first thing he asked me was how long I have been in the
WTU program, I replied about 3 years, and he abruptly replied about 4. His
calculations are about a year off as I have been in the WTU program since late
December 2008, making it just over three years. He then stated that he didn’t
really read through all my records but said that I had Spondolosis, Degenerative,
and Arthritic vertebrae at C5-C6 & C6-C7 and also stated that it was
because I was 49 years old. I tried to explain to him that both my Neurosurgeon’s,
Dr. Chang and Major Braxton both stated that the degree of imperfections in my cervical
vertebrae were due to multiple impacts/fractures to this area that attempted to
heal themselves, but did not do so properly. Major Collins then pulled out the
WTU policy letter that states no elective surgeries are to be performed for
issues other than the ones that brought SM’s, (Service Members), to the MEB
process, while they were in the MEB process, unless it was for Life, Limb, or
Eyesight. From my knowledge this is a policy letter drawn up specifically for
the Ft. Hood WTU Program, no AR (Army Regulation) was attached to this letter.
I asked Major Collins for
clarification on elective surgeries, since every surgery is an elective surgery
unless you are in the ER and having your life saved, he never gave me an answer
on this. I then asked Major Collins for a reason why some elective surgeries are
being approved, by him, upon fellow SM personnel that are in the MEB process,
and why some are not. I was looking for a medically definitive answer
explaining what his professional criteria was for denying me a surgical
procedure which could possibly relieve 80% of my chronic pain, and he
re-iterated the fact that I have been in the process too long and was old, and
that this would stop my MEB process and make me stay in the WTU program longer.
I informed Major Collins that Major Braxton at BAMC stated that the cervical
procedure could be performed in conjunction with my MEB as my MEB is for my
lower Lumbar back where I have had three back surgeries, the third resulting in
a 360 Fusion at L4-L5, not to mention the fact that LTC Chitwood also agreed
that the surgery could be performed in conjunction with the MEB process. He
then stated that it was an elective surgery, it would have to be handled
through the VA at the time of my MEB completion. I professionally disagreed
with Major Collins and stated that it is not the VA's responsibility to fix
something that happened to me while I was on active duty, deployed in combat,
and am still on active duty. I feel that this condition should be treated by
the U.S. Army before they medically release me to the VA, Major Collins did not
reply.
Major Collins then suggested another
course of Physical Therapy and Pain
Management, off Fort Hood, and that he would personally schedule a consult with
Dr. Levanthal, a civilian Neurosurgeon and the chief Neurosurgeon at CRDAMC,
and the main civilian surgeon brought in for all spine related surgeries. I
agreed to this suggestion in hopes of Dr. Levanthal agreeing with Dr. Chang and
Major Braxton and possibly convincing Major Collins that the surgery would be
the best solution to help relieve my chronic neck pain, along with a better
chance at improving my quality of life.
I went to Physical Therapy at CRDAMC
because the consult for Physical Therapy at Scott and White was denied since
CRDAMC has a Physical Therapy department on post that could take me. I saw a
Mrs. Skinner and she ordered a prescription for a TENS unit. At this same time
I found out that I was dropped from DEERS again and therefore had no TriCare
insurance to get the TENS unit approved. I resolved this issue, got my Tricare
insurance re-instated. I received the TENS unit and it provided zero relief.
I was sent to Austin Pain Clinic in
Round Rock, TX, Dr. Malone, and after two office visits was scheduled for
steroid injections. I received the steroid injections Monday the 13th
of January, 2012, with no relieve from the chronic pain. The procedure was the
same as before, local anesthesia followed by a catheter fed into my neck and
the solution injected at each level in my cervical spine. No follow up
appointment has been scheduled or requested at this time since no relief was
the result and therefore it was suggested by Dr. Malone for me to see a
Neurosurgeon as surgery was the next step.
During the process of Physical
Therapy and Pain Management I was asking for a response from Major Collins, and
also a possible consult set up with Dr. Levanthal myself so he could pull up my
MRI results and give me his professional opinion of which action to take next.
Major Collins was in a two week meeting in Washington DC and was only reachable
by email. My NCM emailed him and he responded very short and abrupt that he was
going to talk with Dr. Levanthal himself when he returned in two weeks and no consults
were to be placed while he was absent.
I then pursued a meeting with the
Ombudsman to have an outside source hear my dilemma and see what other courses
of medical action could be available to me since I felt like my medical care
was now put on hold for two weeks, until Major Collins returned from DC, and
not to mention the fact that it was being controlled by Major Collins, who at
this point has continued to deny me cervical surgery which could possibly help
my chronic pain and suffering.
I had an initial meeting with Mr.
Haynes, the Ombudsman, and we went over all my proceeding steps to this point
and the main thing he was focused on was the fact that LTC Chitwood, the MEB
surgeon said it was ok for me to have the cervical procedure in conjunction
with my MEB and that Major Collins disapproved it with no explanation. Mr.
Haynes set up an appointment to see the Deputy DCCS of CRDAMC, (Colonel
Novaroski), a few days after Major Collins’s return so that he would have a
couple days to speak to Dr. Levanthal. Mr. Haynes sent Major Collins an email
informing him of this and he replied that he would brief the DCCS before my
meeting, scheduled for the 10th of February, 2012.
Mr. Haynes and I met before my
meeting with the Deputy DCCS, Colonel Novaroski, and I asked Mr. Haynes if he
had heard from Major Collins and what decision Dr. Levanthal made concerning my
case. Mr. Haynes informed me that he had not heard from Major Collins. Mr.
Haynes and I entered into Colonel Novaroski’s office and he immediately asked
me why I was there, as if he wasn't
informed from Major Collins on my issues and that he didn't even look at my
file that was sitting on top of his desk.
I explained the entire situation and
proceeding events up to this point and Colonel Novaroski returned to the Fort
Hood WTU policy letter about elective surgeries during the MEB process and
asked me if I thought he should make an exception to the rule. I replied yes
because they have made exceptions to the rule in the past and have allowed some
surgical procedures for SM’s while they were in the MEB process to be performed.
Colonel Novaroski then began calling a couple doctors on the cover sheet,
particularly LTC Chitwood, Major Gloystein, and Major Braxton to ask for more input into the issue. He was
unable to reach them at this time. He stated to me that the process of the MEB
is to get SM’s through the system as quickly as possible, whether they are returned
to duty or medical boarded out of the military, and by me having the cervical
fusion could possibly delay this from happening. I tried to re-iterate the
point that no matter what stage I am in if I have the cervical procedure when
the MEB is completed I will be sent to the VA for all my follow on care, so the
concern over extending the MEB should not even be a factor.
I was asking for some relief from
all this intolerable chronic pain and a better quality of life, especially
since there are two Neurosurgeons who have come up with the same care plan and
recommend multiple levels of fusion be performed in order to help relieve some
of the chronic pain. Colonel Novaroski stated that if it were up to him that he
would deny the procedure right there. I asked him for a definitive medical
reason disputing the Neurosurgeons discoveries why he would deny my procedure,
and he went back to the Fort Hood WTU policy letter. I then stated that I would
like to take this to the next level and see Colonel Sargent, (Director of
CRDMC), on his open door policy. Colonel Novaroski immediately got defensive
and said that the Army has given us soldiers too many avenues to complain to
and the fact that he was a Colonel meant nothing and that I was disrespecting
his rank. I informed the Colonel that I was not disrespecting his rank, but was
not satisfied with his non-medical answer and wished to pursue this further
until someone could give me a medically sound reason why they are disagreeing
with two Neurosurgeons suggestive plan of care. I asked Colonel Novaroski if he
had gotten a report from Major Collins or spoken to Dr. Levanthal to find out
his professional opinion about my MRI results.
Colonel Novaroski stated that he
didn’t want to speak to Dr. Levanthal because he is a civilian doctor and he
would probably agree to the surgery. He stated that he wanted to speak to
military physicians who understand the Fort Hood WTU process and get their
input. Colonel Novaroski finally was able to reach LTC Chitwood; they were in a
conversation while Mr. Haynes and I were still in the office. Colonel Novaroski
then informed me and Mr. Haynes that he would need until the early part of the
following week to gather data from several military physicians and that he
would get in touch with Mr. Haynes to let him know the decision.
The early part of next week,
February 13th - 15th, 2012, has past and still no reply.
I called Mr. Haynes and asked if he heard anything and he informed me that he
had not and he was going to send Colonel Novaroski an email to find out the
status, that was today, 15 February, 2012. Shortly after my phone call to Mr.
Haynes, he called me back and stated that Colonel Novaroski sent him an email
stating that I could have the surgery once the PEB, (Physical Evaluation
Board), was completed. I asked Mr. Haynes what this meant as my packet is
currently at the PEB in Fort Sam Houston, TX. Mr. Haynes was not sure if it
meant at the end of the preliminary discovery or if it meant at the end of the
entire MEB process. I called my PEBLO, Mr. Boles to ask for clarification on
the completion of the PEB and he informed me that it was when my final ratings
from the VA came back, basically when the MEB process was completed and I was
going to be handed over the VA for follow-on care.
Thursday February 23rd I called Mr.
Haynes, my Ombudsman to have him ask Colonel Novaroski for a consultation to
see Dr. Levanthal, so that I can have a Neurosurgeon review my MRI results and
reports and develop a medically definitive answer as to either why I can or
cannot have the cervical fusion surgery now, and if not why he would dispute
both Dr. Chang and Major Braxton's medical care plan. No answer as of 27
February, 2012.
I finally got a meeting set up with
Colonel Kolosar for Tuesday February 28th at 10:30am to ask why I am being
denied the cervical surgery now and also why I am being denied a consultation
to Dr. Levanthal. I will be composing some questions for the Colonel today and
see if Major Good can pass them along to him so that he will have time to
confer with his staff and hopefully have answers by the meeting time.
Questions for Colonel Kolessar:
1.
Why can I not have a consultation with
Dr. Levanthal?
This
would be the best person to review my MRI and Radiology Report for my Cervical
Fusion Surgery, as he is a Neurosurgeon and a specialist brought onto Fort Hood
specifically for Spine related injuries/surgeries. I was told by Colonel
Novaroski that he did not want me to see Dr. Levanthal because he knew he would
say yes to my surgery. I have been asking for a Medically definitive response
why I cannot have surgery, particularly from a Neurosurgeon, so that he would
be a subject matter expert in his field and be able to read my MRI results and
give his professional opinion, plus if he determines that no surgery is
necessary then he will be able to give definitive reasons why he disagrees with
Dr. Charles S. Chang, and Major Braxton, the two Neurosurgeons who believe
cervical fusion surgery could relieve most of my chronic pain, and help provide
me with a possible better quality of life.
2.
Since I am going to be in the WTB
program for an unknown amount of time, estimated between 3-6 months, why can I
not have the Elective/Corrective cervical surgery now so that I can start my
healing and recovery phase? As stated by Major Braxton, BAMC Neurosurgeon, he
believes he can relieve approximately 80% of my chronic pain and estimates
approximately 90 days of recovery time before I will be able to take over for
myself, 30 Days Convalescent leave, 60 Days Physical Therapy and Recovery, as I
will continue to be at Fort Hood for all my medical care. The only answer I am
getting from Major Collins and Colonel Novaroski is that they are concerned
with this being an intensely intrusive surgery and are afraid of complications
which will keep me in the WTB program for an extended period past the MEB end
time. My answer is that it doesn’t matter what Medical condition I am in at the
time of the MEB completion as I will be sent to the VA for all my follow-on
medical care, so this issue should not even be a concern for denying me this
surgery. Plus the fact that exceptions to the Fort Hood WTU policy letter and
regulation regarding elective surgeries has had multiple exceptions to them
allowing for other WT’s/SM's to receive elective surgeries, I am a bit
concerned on why I am being singled out.
3.
I have followed the medical care plan
laid out by two Neurosurgeons, Dr. Charles S. Chang, civilian from Plano, TX, and
Major Braxton, Air Force Neurosurgeon at BAMC. Both have identical medical
plans of physical therapy, pain management, and then cervical fusion surgery. I
have had physical therapy, two rounds of steroid injections into my cervical
spine area, with no relief what-so-ever, and so the next step would be the
cervical fusion surgery. My concern is
what should I be doing in the meantime while I wait for the MEB to complete? Take
prescribed medications to try and cover up the underlying problems with my
cervical spine? Why am I not allowed the health care that would possibly
relieve my chronic pain by approximately 80%? The responses I am receiving are
take narcotics to relieve the pain, and wait until the MEB is complete and be
transferred to the VA. If I wait for the VA, first off no one knows how long
that will be, secondly, I will then have to start this medical care plan all
over again, physical therapy, pain management, surgery, with a new Neurosurgeon
which could take up to another years time. I am asking for some type of relief
from my extremely painful chronic pain and a better quality of life besides popping
pills and being a zombie/incoherent all day.
4.
If surgery is still going to be denied
then I would like to request a meeting at Colonel Sargent’s Open Door policy to
discuss this matter further.
28 February, 2012,
Had meeting today with Colonel
Kolessar, Dr. Jensen, Major Good, Mrs. Sackett, and Mr. Haynes. The Colonel
asked me why I was there to see him and I responded by stating I was there to
find out what his answers were to the above questions that were sent to him the
day prior. The Colonel reiterated the fact that he said no to my elective
surgery and based this off of the Fort Hood WTU policy letter for it not being
a life, limb, or eye sight saving condition. I then asked the question of
whether or not Dr. Levanthal was ever consulted on my MRI results and Dr.
Jensen's response was that he was not sure but heard that Major Collins had
spoken to Dr. Levanthal offline, and that Dr. Levanthal had stated he felt that
I was not a good candidate for surgery at this time. I asked why it was such a
secretive meeting and if there were any notes to sustain his findings, if so
what was he basing his decision off of and how was he disputing Dr. Chang and
Major Braxton's findings. No answer could be given at this time. I again asked
why I am not being allowed a consultation with Dr. Levanthal myself so that I
can have him pull up my MRI results in front of me and show me, explain to me
what his professional opinion is. I reminded Colonel Kolessar to the meeting
with Colonel Novaroski and how the Colonel stated the fact that he did not want
me to see Dr. Levanthal because since he was a civilian Dr. he would probably
say yes to my surgery.
My question is why such a specialist
would be brought onto Fort Hood for no other reasons than to perform neck and
back procedures, yet I am still not allowed to have a consultation with him. At
the end of the meeting Colonel Kolessar stated he would need to confer back to
Colonel Novaroski and Major Collins on my issues and would need a week to reply
to them. Colonel Kolessar never did answer the questions I had Major Good send
to him the day prior to this meeting. Mr. Haynes, Mrs. Sackett, and Major Good
all spoke on my behalf and re-iterated the fact that I am asking the Army to do
the right thing and provide me with proper health care and a possible
resolution to my medical condition, other than narcotics. I met with my
commander Major Good after the meeting and informed him that I was going to
continue updating my Congressional letter as it appears that they are going to
drag this out for yet another week and if he is going to talk with those two
again, who have already said no, then I was preparing myself for the same
answer. Major Good has been supporting me through this whole process and feels
the same as I do and feels that his hands are tied.
I received a phone call over the
weekend of March 3-4 from Mr. Haynes letting me know that a consultation with
Dr. Levanthal was setup for Tuesday, March 6th at 13:00, after there was a
meeting with Colonel Kolessar late Friday evening.
I went to my consultation with Dr.
Levanthal on Tuesday the 6th of March, along with my squad leader, SSG Reyes,
and the outcome was that Dr. Levanthal agreed with Dr. Chang and Major Braxton
in the fact that I needed cervical fusion at C5-C6 & C6-C7, and could even
require it at C4-C5, but he didn't want to do more than two levels at a time,
because the percentages of recovery time decrease dramatically with anything
over two levels. This was great news to me! Dr. Levanthal then filled out the
necessary paperwork to authorize and setup my cervical fusion surgery at the
C5-C6 & C6-C7 levels. He also stated that he was just a doctor and that the
final approval had to come from the Fort Hood WTU command.
My pre-op appointment is scheduled
for the 16th of March at 07:40 and my surgical procedure is setup for the 19th
of March, no time yet, but will be provided at the pre-op appointment. I was
also given a follow-up appointment scheduled for the 30th of March at 11:00.
This is very good news to me and I finally felt like I am about to receive the
possibility of relief from my chronic pain, without having to rely heavily on
narcotic pain medications.
08 March, 2012, 09:00, I received a
call from my new NCM Mrs. Johnson and she informed me that my surgical
procedure was denied again by the WTU BDE. This was a very upsetting and
frustrating phone call for me as now my hopes of a possibility of relief are
now shutdown again. I was going to talk with Major Good and have him setup a
meeting through Colonel Sargent's open door policy. My squad leader and I
approached my platoon sergeant SFC Reifel to let him know that I needed to see
Major Good, and he said that I should inform the 1SG, 1SG Walker first. All
three of us went over the 1SG and informed him of the phone call and what my
next intentions were, and he informed me that Major Good will not be back until
tomorrow.
I then called my Ombudsman, Mr.
Haynes and filled him in on the consultation with Dr. Levanthal, and also the
bad news that I just received from Mrs. Johnson, he informed me that he had a
meeting with the deputy DCCS, Colonel Novakoski at 13:00 and will ask him what
the basis of the decision is for me being denied this cervical procedure again.
I got an update from my Commander, Major Good, and he said that Colonel
Novakoski is the person who is going to make the final decision on whether or
not the surgical procedure will be approved. Hopefully I will hear something
back from Mr. Haynes later today with good news.
Friday, 09 March, 2012, No reply
yesterday from my Ombudsman Mr. Haynes so hopefully he will be calling me today
to let me know Colonel Novakoski decision.
I called Mr. Haynes when I got to
the office and he reported to me that Colonel Novakoski said that I was not
going to be approved for the surgery at this time because Dr. Levanthal had
dictated in his notes that this was not an emergency surgery requirement and
that I could be treated conventionally for now, but would require surgery at a
later date. This is after my consultation with Dr. Levanthal, with my squad
leader SSG Reyes present and pre-op, surgery, and post-op dates had already
been setup by Dr. Levanthal. I am not sure why I was being told one thing and
then Dr. Levanthal notes state another, I should have asked for a copy of these
notes since it is my medical file, but did not think about it at the time due
to be so frustrated and upset over this denial once again.
According to the Army Times dated 05
March, 2012, page 18, Warrior Transition Unit takes a closer look inside,
Soldier suicides are up at Fort Bragg, NC, and the WT's/SM's are voicing
concern and complaints about being over-medicated and the inability to receive
the care they need. When soldiers are denied needed surgeries and their
conditions deteriorate, their dependency
on pain medication increases and becomes their normal way of life. The problem
is noted that as soon as injured soldiers are put into the Medical Board
Process, (MEB), their medical treatment is stopped and pain medication is given
out until the MEB process is completed and the soldier is transitioned to the
VA for all further care. Six suicides were reported at Fort Bragg, NC, all six
soldiers were in the (WTB), Warrior Transition Battalion. This is not just an
issue at Fort Bragg, NC, it happens on Fort Hood, TX as well. (Article
Attached)
I feel that I have exhausted all my
avenues of approach with trying to get the care I need to improve my quality of
life and the hopes of receiving relief from my chronic pain. I don't want to
end up like one of those suicide soldiers because I don't believe pain
medication is the answer and is nothing more than a band aid or temporary
solution. Three different Neurosurgeons have now all come to the same
conclusion, that I require cervical fusion surgery to correct the imperfections
and issues in my neck. The doctors in the WTU are sure quick to hand over
narcotic pain medications in order for SM's to remain in the WTU program until
the MEB is completed and then transitioned to the VA for further care. I am
just asking for help in trying to make my quality of life better.
13 March 2012, Meeting has been
setup with Colonel Sargent, CRDAMC Hospital OIC for 1300.
Got a call from my Ombudsman, Mr.
Haynes, and he documented the time incorrectly for the meeting with Colonel
Sargent, it was set for 1100 not 1300. The meeting has now been rescheduled for
the 27th of March at 1130 hours, all parties have now been updated to this new
time.
Received a phone call from a LTC
social worker at CRDAMC and he was checking to make sure I was not suicidal
because of the statement I made regarding the attached Army Times article about
the WT's at Fort Bragg, NC, and how they were committing suicide and abusive
behaviors because they were being denied medical procedures that could possibly
increase their quality of life, but are
being forced to take medications only while waiting for their MEB process to
complete and be transitioned to the VA. I informed him that I was not suicidal,
just quoting the Army Times article and stating that it not only is happening
at Fort Bragg, NC, but also at Fort Hood, TX.
27th of March, 11:30 am, attended a
meeting with Colonel Sargent, OIC of CRDAMC, Fort Hood, TX with my CDR Major
Good, 1SG Walker, PSG SFC Reifel, SQL SSG Reyes, and Ombudsman Mr. Haynes. The
Colonel was very direct and spoke with great intelligence and military bearing.
Yet again though the I was immediately put on the defensive and had to explain
my entire situation and past issues as though he didn't take the time to review
my file and progress reports from previous meetings. This was frustrating to
say the least, and I thought I was just wasting my time again. After I had
explained my situation, anger, frustration, disappointment, and disbelief in
the Fort Hood WTU program the answer from the Colonel was that he would help
expedite me out of Fort Hood and get me to the VA center in Denver as quickly
as possible so that they could take over the medical care for me and hopefully
setup cervical surgery for me as soon as possible.
Again, this was an unsuitable and
unprofessional answer to me, so again I asked the question why am I being
denied medical care for something that happened in combat, while on active duty
and still being on active duty. This should be something that is treated by the
Army before they make their decision to medically discharge me. The Colonel's
answer was the same as all others before him, citing the Fort Hood WTU policy
for elective surgery not pertaining to life, limb, or eyesight is not
allowed/approved and therefore this elective surgery could be handled by the
VA.
As you can tell that was pretty much
the end of the meeting and Colonel's next response was that he was going to
make a phone call to the Seattle VA office to find out the status of my DES,
(Disability Evaluation Status), and ask that it be expedited so that my MEB
could complete and I could be processed out of the Army and onto the VA for all
my further medical care.
Not very long after this meeting my file came back from the
Seattle VA office with my disability ratings of 30% from the Army and 70% from the
VA. I began processing out of the WTU program and off of Fort Hood and out of
the U.S. Army, along with the Texas Army National Guard. I was setup with an appointment at the Denver
VAMC, (VA Medical Center) for June 19th 2012. I started my terminal leave from
the U.S. Army on the 15th of June and had 30 days of paid leave coming to me.
The main reason I was being transferred to the Denver VA was because both of my
sons currently live in the Denver area.
I performed my intake into the
Denver VA on the 19th of June as set up and thought that everything was going
to start immediately for me and hopefully get setup with a Neurosurgeon to
start the process again for my cervical spine fusion that was so desperately
needed. I was then informed that this was just the intake process and that I
would be setup with a NCM, (Nurse Case Manager), who would be responsible for
setting up all my doctor consultations. I also informed the intake personnel
that I was a homeless, disabled, combat veteran and needed some type of housing
temporarily as I had no place to stay at the moment. They informed me that I
could put my name on the waiting list and I might get something in about two
months. I also tried to hand over all my documents from my MEB process from
Fort Hood and they said they didn't need them. I gave them a copy of all my
preliminary ratings from the Army and the VA and they were going to get them
inputted into the system.
I was setup with Nurse Sandy Adolf
out of the Lakewood, CO Regional VA office, which is about 30-45 minutes away
from the Denver VAMC, she was going to be my NCM that I had to request all
doctor appointments and medications through. I can't remember when my first
appointment was with my NCM but I do remember that I informed her of what had
happened at Fort Hood and how they denied me health care while on active duty,
she stated that she hears this all the time due to the military cut backs. I
informed her of all the types of specialty doctors I was seeing for all my
predetermined conditions and injuries and she began to put in consults to all
the necessary doctors that I would need to see. She also explained to me that
she did not know how long it would take for me to see any of these doctors as
all are extremely back logged.
I started going to the Denver VAMC to see a counselor to help with my depression,
anger, anxiety, and frustration issues, all the while I did not see a single
doctor at the VAMC to this point. I started getting bills from the VA and when
I checked on why this was happening I discovered that since my disability
ratings were not in the VA system that I did not qualify for free VA care. I
asked what the status was on my DES ratings as I had already gotten the
preliminary ratings from the Seattle VA and submitted them to the Denver VAMC
upon my arrival in June 2012. I was informed that my DES ratings were back at
the Seattle VA office being re-evaluated since my intake into the Denver VAMC
19, June 2012. I tried to find out the status of my ratings and no one could
give me an answer besides the fact that is was processing. I informed them that
it already processed while I was in the MEB at Fort Hood, that is why I had the
preliminary ratings in the first place.
After several phone calls, online
inquiries and questions, I still get the same answer from everyone, that my
ratings are still processing and since they don't show up in the VA system I
don't qualify for VA benefits nor can I take advantage of any of these so
called great veterans programs, such as vocational rehab, which pays up to 4
years of college, which is something I could be doing while I am waiting to
have my cervical spine fusion surgery.
I got a letter in the mail that
stated since I was considered to be disabled by the Army standards, and
medically discharged from the service, I was now eligible for Medicare and
Tricare for life, but after I paid $150.00 a month for Medicare. I elected this
insurance option and began immediately to try and find a Neurosurgeon who took
such insurance to see if I could get into them faster than the VA was taking.
November 2012, I was referred to Dr. Sean Markey out of the Parker Adventist
Hospital through a ER nurse that I met at the gym I am doing my physical therapy
at. I immediately called him and was able to get an appointment very quickly.
All the while I had yet to be seen by any doctors at the VA, the only thing I
had done was an MRI of my cervical spine and my monthly counselor visits. I saw
Dr Markey on the 12th of November, 2012, he reviewed my MRI that I had taken at
the VAMC a month before and stated that it appeared that I had multiple
fractures at multiple levels, disk bulging at all levels in my cervical spine,
some degenerative vertebrae, and lots of spacing issues between levels. He said
that he normally does not take Medicare insurance but believes in helping out
any Military personnel, so he scheduled me for surgery two days later to
perform cervical fusion at C5-C6 and C6-C7 in hopes of relieving some of my
chronic pain and severe neck injuries sustained while deployed to Iraq in 2008
- 2009.
November 14th, 2012 I had cervical
spine fusion at the above mentioned levels and began my recovery phase. I
immediately felt relief from my chronic pain about a week out of surgery after
most of the soreness and swelling from surgery wore off. I was so pleased with
the results of this surgery that I began my physical therapy at the gym sooner
than expected in order to help strengthen myself to better support my back and
neck, which is something that has been in my medical recovery plan since being
medi-vac'd out of Iraq, it is just unfortunate that the repair of known
injuries and issues didn't happen while on active duty.
After several more phone calls and
online inquiries, which I received no responses from the online inquiries, I
kept being informed that my DES case was still being processed in Seattle. It
wasn't until January 20th, 2013, when I received a letter in the mail from the
Seattle VA office requesting another copy of my latest DD214, which is your
exit document from the military showing all your time in service, awards,
specialty training, and of course what type of discharge you have plus any
temporary or permanent disability status. I found it hard to believe that this
was something they required as I submitted this with all my other DES ratings
back in June 2012, when I completed my initial intake into the Denver VAMC. I
tried calling the Regional VA office and for some reason I can't reach the
Regional office in Lakewood, CO, I get sent to some hotline where I have no
idea where they are out of, but the initial recorded message says that my
Regional office is in Providence, RI. I wish I could figure out why this is so
since I live in the Denver, CO area and the Lakewood office is my Regional
office. Regardless, I finally spoke with someone and they said that I needed to
submit another copy of my DD214 in order for my DES claim to continue
processing. I mailed a copy and faxed a copy to the number they provided me as
soon as possible so as not to slow down the processing of my DES claim any
further.
I keep checking on my claim on a
monthly basis and still receive the same answer, processing with no further
updates or notes, or contact numbers or emails of anyone in the Seattle office
to try and get a hold of. I find this very upsetting and disrespectful to not
only myself, but to every American who served this country and has to fight for
what they are owed in return for the sacrifices they make in order for all the
people who live in America to enjoy the freedoms and rights they feel they
deserve and are owed by this great nation of ours. Not to mention the fact that
while I was at Fort Hood in the WTU program, Colonel Sargent was able to make a
call to someone in the Seattle VA office
and find out the status of my DES claim, plus have it expedited. I find it very
disturbing that all these VA offices don't communicate with each other and for
some reason are not able to access each other's files electronically.
While at my last appointment with my
NCM, Sandy Adolf, in the Lakewood, CO Regional office, I stopped by the
administration section and dropped off a copy of my medical records from my
Neurosurgeon, Dr. Sean Markey so as to have them inputted into my file and
added to my DES claim as updated medical records. While talking with the
representative I told him my story and how long I was waiting for the VA to
start paying me my VA disability. He informed me that the cases are taking
about a year to process and that there was a soldier in there the other day
that had waited 960 days to start getting his DES claim. I informed him that my
DES claim was processed while I was at Fort Hood in 2011 - 2012 in the MEB
process and I had already gotten my preliminary ratings, and now I have been
waiting since July 15th, 2012, for the VA to start paying me. He said that I
will receive back pay up to that date, then he mentioned that I might have been
"black filed". I asked what this was and basically it is a hidden
thing in the VA that when someone is not liked or asks too many questions they
black file them and basically shove them off to the side. I have no way of
proving this of course since I can't get any contact information for the
Seattle VA office to try and contact someone out there myself.
I don't understand how these things
happen, especially to veterans who are wounded in combat and are looking upon
their disability as their only means of income. Another fact that I find
interesting is the fact that the Head of the VA DES processing center went on
TV in 2012 and stated that the VA turnaround time for all DES claims is 120
days. I would like to see the statistics on how many DES claims fall into this
category.
The fact still remains, here it is,
June 5th, 2013, and I have yet to be paid by the VA or have my VA disability
rating show up in the VAMC, therefore I am still getting billed for my visits
to my NCM, Counselor, and any medications they prescribe for me, plus the fact
that I don't have access to any other VA programs.
On
a separate note:
Can anyone explain to me why only
some states in this country have seen it fitting to make VA disability not
allowed to be garnished or used for spousal maintenance, (Mississippi), and
some states haven't?, (See Attached Documents). Take
Colorado for instance, I am still trying to end my indefinite spousal
maintenance to my Ex-wife of over 4 years now, and my lawyer tells me that
Colorado doesn't care what my income will be or where it comes from, they just
consider it income and it may still be used for spousal maintenance. First off,
I think all indefinite or permanent spousal support should be abolished or
terminated, I mean how long should a person, (man or woman), really have to
support someone who is more than capable of taking care of themselves somehow? I
believe the standard calculation process or formula used by Judges today should
be banned from the court room and the Judge should be able to use their
discretion and documented facts presented to determine how much maintenance and
how long it should be, and certainly not indefinite or permanent. My Ex-wife is
receiving 65% of my Army disability at the moment because she was able to
submit a court order to have my wages garnished while I was on active duty and
it carried over into my disability retirement. So out of the $870.00 a month I
currently receive from the Army as my military disability pay, my Ex-wife gets
$523.00 of that, leaving me with $347.00 a month to live off of until my VA
disability starts, (no one knows when that is, I keep getting told 8 months to
a year), (It has been 11 months already).
Update:
Thursday, June 6th, 2013,
Had a follow up appointment with Dr.
Sean Markey to evaluate what steps to take next in my recurring chronic neck
pain. We all knew that more than two levels of my cervical spine required some
type of medical intervention/repair. Dr. Markey reviewed my recent MRI, Cat
Scan, and X-rays and determined that he would like to try a round of pain
medication and steroid injection blocks at my upper three levels of my cervical
spine, C1 - C4, in order to help isolate
which level/levels are causing the most pain. Dr Markey feels that this may not
provide any permanent relief. After reviewing my MRI and Cat Scan results he
feels that two more levels of my cervical spine will need to be fused. He is
also unsure if it may require a frontal
fusion or a 360 fusion. Dr Markey's office is referring me to a pain management
specialist, Dr. Scott Bainbridge in the Denver Tech Center area, to have this performed as soon as possible.
Knowing that if this does not provide any relief or help in isolating which
level/levels are causing the most pain, then he will be fusing at least two
more levels in my cervical spine.
Thursday, 20 June 2013, Had Corticosteroid injection facets, (blocks), injected into cervical spine levels,
C3-C4 and C4-C5 by Dr. James Bainbridge with no relief what-so-ever. Actually
it caused me to be in more pain due to the positioning of my head and neck with
he injected the needles into my cervical spine. I had no pain medication
administered while I had this procedure and was a little uncomfortable. Will now
contact my surgeon Dr. Sean Markey and try to have cervical spine fusion setup
for as soon as possible.
Tuesday, 16 July 2013, Had a
consultation with a Dr. Miller from the (VES), Veteran's Evaluation System,
apparently the Doctors at the VA are too busy to give me any type of medical
time. His duty was to evaluate me in hopes of updating and possibly help to
settle my last of three disability compensation claims that I have filled out
since being Med-I-vac'd out of Iraq in late December 2008. He basically asked
me a bunch of questions and filled out some online forms. He did a few
measurements of my neck mobility and looked at my knee and neck x-rays that I
had done at Porter Adventist Hospital the day prior. He said he would pass this
along to his supervisors and they will pass the findings onto the VAMC. Not
sure when this will happen and probably won't find out any results until my
case is closed and I get the final decision letter in the mail.
Thursday, 18 July 2013, Had a
consultation with my Neurosurgeon, Dr. Sean Markey, to discuss my next course
of action since the Corticosteroid injections did not provide any relief for me.
Dr. Markey pulled up my current MRI and CT Scan and showed me that there were
two screws loose in my lower level cervical fusion, C6-C7, which he installed
last November 14th, 2012. He explained to me that sometimes there is a hardware
failure and things like this do happen. We then discussed what we should do
next to try and relieve my chronic pain. He explained that he would not fuse
any more cervical levels at this point since there was not sufficient bone
fusion at the two levels he has already done. He suggested that he perform
another surgery at the current two cervical levels, C5-C6, C6-C7, but this time
he would go in through the posterior of my neck and install the rods and
screws, similar to the ones in my lower back, to provide support for the
current anterior cervical fusion. He believes that my pain is due to the
hardware being loose and not being stable enough for the bone fusion to occur.
By performing this procedure it will completely stabilize the neck and allow
the bone fusion to happen. He did state that this is the most painful surgical
procedure that he performs and that the recovery will be a bit slower than
usual. This procedure is now scheduled for the 9th of September.
Thursday, 18 July 2013, Had a sleep
study performed overnight at the National Jewish Hospital in Denver, CO. Was informed that if any type of sleep aid was
going to be tested on me then they would call me back for another nights study.
Saturday, 27 July 2013, Had an
appointment at the Denver VAMC to see an ENT Doctor, so I thought. I was
informed when I got there that it was to discuss the results of my sleep study
conducted on 18 July, 2013, but since they did not have my results yet, there
was really nothing for them to discuss with me. I was informed of this after
waiting for over 30 minutes, not to mention the fact that I drove 20 miles to
get there. I informed the Doctor that they were the first Doctor I had seen in
the VA and was wondering if I was going to see any others for my ongoing
conditions. She suggested that I seek medical attention outside of the VAMC,
especially since I have Medicare and Tricare, as I would get faster attention
through civilians than the VA Doctors as they are back logged heavily. This
from a civilian Doctor brought into the Denver VAMC to treat Veterans.
Tuesday, 30 July 2013, Had an
appointment with the VA Vocational Rehabilitation department to see if I would
qualify for the program since my 70% disability rating is now in the VA system
and I require some updated training in order to consider going back to work. I
have not worked at any capacity since my injuries and being Med-I-vac'd out of
Iraq late December 2008. Sat through the orientation, then spoke with a counselor
and after I informed them that I was scheduled for a second cervical fusion
surgery on the 9th of September, 2013, they informed me that they wouldn't even
enroll me into the program until all my surgeries were done as I would not even
be able to return to work until they are completed. They informed me to talk
with either the DAV - Disabled American Veterans, VFW - Veterans of Foreign
Wars, or the American Legion to see if they could advocate for me to apply for
unemployability status. The Vocational Rehabilitation counselor then said that
they would send me a letter informing me that they are not going to enroll me
into the program at this time. I said it was OK and not to waste the paper,
they informed me that it had to be done to follow the correct procedures. I
walked down the hall to the DAV office, filled out a couple forms, talked with
a representative, and they informed me that they couldn't do anything for me
until my VA DES claim was completely processed. After that time they could
submit a form for unemployability and see if they could raise my rating to
100%. Hopefully, when the claim is over I will be at 100% disability rating.
Now that my story is documented I
hope that you hear my cry for help and not only can rectify my current
situation with my VA disability claim, but also fix this insanely broken system
that veterans have to rely on for assistance, sustainment, and any type of
medical care we need. I also hope that you look into the treatment of soldiers
in all the WTU programs across the country because issues are not only
happening at Fort Hood, TX. I have been told by Wounded Warriors of similar
situations at Fort Bragg, NC, Fort Bliss, TX, and Fort Carson, CO. The suicide
rates climbed in the military starting in 2009 and continued from there, because
wounded and injured soldiers from combat situations where sent to the WTU
programs, denied the proper health care they required, and were fed narcotics
to deaden themselves until their MEB was completed and they were discharged out
of the service and sent to the VAMC for care, that is if they didn't commit
suicide beforehand. After reading my
story you can see how well the VAMC's across the nation are really NOT handling
our veterans very well, not to mention the fact that all veterans should be
treated and cared for at least as well as the politicians in DC seem to be.
In Summary, I am homeless, in
chronic pain and continuing surgeries. Additionally, I have just received my
first payment for my VA disability after over a year's time. Being wounded
while protecting and defending this country for over 32 years, both in and out
of the uniform, I deserve better, as does every other American veteran. Thank
you for your action and support.
Former SSG U.S. Army, Wounded
Warrior, Forgotten Veteran !
Only
2 defining forces have ever offered to die for you.....
Jesus Christ and the American Soldier.
One died for your soul, the other for your freedom.
Jesus Christ and the American Soldier.
One died for your soul, the other for your freedom.
I apologize but my attachments are not showing up correctly.
