Results of TBI Claim(denied)

[Reddit]

Need help Please on an appeal!

letter001 va.pdf

[Berta]

What was the other etiology that they attributed the symptoms to?

[Reddit]

They didn't say, that was all I got for Atlanta Varo, and I had to keep calling to get that.  But I do have a copy of what the Pschologic that I see at the VA said.  Bertha, I filed the claim because the Psyc. at the VA C&P told me to.  He said that I should be rated for this.. I will post what I have, but it is not from the TBI C&P.  this is from my regular appointment and some files from Varo Atlanta. 

conginitive.docx

new val docu.pdf

[Berta]

I didnt see the October 28, 2015 Addendum used as evidence, but then again, it was signed by a PA, not anyone with a TBI/Neuro specialty.

Worse than that I googled him and found this:

http://www.wisconsinlicensing.org/kaufman-douglas-a

His license expired in 1997....maybe I can find somewhere if he had it re instated.

He only reinterated part of the original C & P. The VA could consider this as 2 negative C & Ps against the claim, upon appeal, since they didnt mention it for some reason in th3e decision..

It is obvious that they seem to recognize your in service trauma, but...  like the VA got caught recently doing., they did not properly diagnose it as a TBI.

I posted a link recently here to the bogus TBI exams many vets got---am having problems using the new format but I will try to find it....

It was odd to me that they stated they felt there had been a past stroke on the MRI....

but that might have been evidence of the head trauma.

I am baffled by this decision. By all means appeal it!

I hope others chime in on this too.

 

 

 

 

 

 

[Berta]

I noticed there is a Dec 1 receipt date on the Addendum so maybe they didnt have that when they made the decision.

This link involves a different state but what happens at one VA can easily happen at another VA and the audio explains exactly what credentials a VA Opiner needs to have to ptroperly diagnose TBI.

Do you have the names of any other C & P doctor who opined on this claim? It seems there were 2 Addendums....meaning to me, 2 VA attempts to try to deny.

http://www.disabledveterans.org/2015/08/14/va-greatly-regrets-brain-exam-scam-with-unqualified-doctors/

I am going to try to find out via Douglas Kaufman's license number if he is still unlicensed as a PA.

 

 

 

 

 

 

[broncovet]

Once again, Berta is spot on.    I think your best appeal route is the following:

1.  File a NOD within a year.  Dispute the examiner's credentials with an expired license as Berta pointed out. 

2.  You are probably going to need some more evidence, perhaps an IMO/IME, or other doctors who opine your current symptoms are "at least as likely as not" due to TBI event in service, OR that your mental health concerns are otherwise related to service. (I have not read your whole file). 

3.  Dispute the "other etiology"  statement of the examiner.  That is bogus, when the doc says something else (other than military service) caused your TBI but does not say what it is.   "Other etiology" could mean some other event in military service (car accident, more trauma, ptsd, MST, etc).   The examiner apparently offered no explanation as to WHY "other etiology" caused it, or what that other etiology is.  Its like saying, "we are denying you and are not sure why, but Im sure you dont get your benefits".  Reasons and bases is required for the decision and also for the examiner findings.  VA makes us give a "medical rationale" as to why the examiner opines favorably, it should apply to why a medical exam opines unfavorably as well.  

[Reddit]

Well, Call his office and his answer machine said that he is a "Compensated and Pension reviewer " and that he is a Pa.