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Deferred tbi 2003

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mobie16r

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File a claim for ptsd,and tbi to included headaches,May of 2003,did all of the C&Ps,  I was service connected 100% for ptsd for ptsd march 2004,claim for tbi to included headaches,was deferred 2004. I received a letter from the Department of  Veterans Affairs,January 2015 for four C&Ps for tbi to included headaches,no psy C&P. I was service connected 40% for tbi to included headaches and 10% for tinnitus,total 50% and no extra pay,because i am already service 100% for ptsd.The effected date for award is January 2015 for tbi to included headaches,no psy C&P. My Question is ,do i have grounds for a cue,on early effected date of 20003

mobie16r

!00% ptsd

40% tbi

10% tinnitus 

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  • Content Curator/HadIt.com Elder

Was the 2003 TBI/headache claim ever denied or did the VA just completely ignore or forget about it?

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I had a c&p for ptsd.and,tbi to include headaches'. I was service connected 100% PT for ptsd,from 2003 , tbi to included headaches was deferred, they forgot, i forgot, Completely Ignore by va.

 

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  • Content Curator/HadIt.com Elder

Wow, that is not unheard of.

If it turns out that your TBI/HA claim was truly in deferred status from 2003 through 2015, then that means the claim was never closed (additional information is below). Your original effective date for TBI/HA could be corrected back to when you originally filed. It looks like they are treating your recent claim as a new claim, but not necessarily as continuation of an stale claim.

First, double-check your records to make sure.

Second, let's make sure the VA records match what you have. This step is optional. if you haven't already done this, it might be worth requesting a copy of your claims file (c-file) from the VA. The reason for this is to double-check that they didn't send you a denial letter at some point between 2004 and 2015. If the VA has a copy of a denial letter/statement of claim (SOC), then that means you were notified (even if you never received it). It happens all the time because people move or mail gets lost. Keep in mind we have to prove the VA received our mail, but they don't have to prove we received their mail. If there is not a denial letter or SOC letter, then I think you are in good shape. Although this step is not a requirement, it would be worth knowing.

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  • Content Curator/HadIt.com Elder

I Got,all of my medical records  and denial letters and military records.

That's good. If there is a lot, don't punish yourself by going through everything in one sitting. Take it in bite size doses and take your time. If any of your medical records are handwritten and you are unable to decipher the doctor-ese handwriting, consider asking a friend, doctor, or nurse to help interpret them. If they contain funky symbols, you can look most of them up online.

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