Jump to content
VA Disability Community via Hadit.com

 Click To Ask Your VA Claims Question 

 Click To Read Current Posts  

  Read Disability Claims Articles 
View All Forums | Chats and Other Events | Donate | Blogs | New Users |  Search  | Rules 

  • homepage-banner-2024-2.png

  • donate-be-a-hero.png

  • 0

APPEAL FOR TRAUMATIC BRAIN INJURY

Rate this question


SliderHD

Question

I am currently rated at 40% combined and have filed for both TBI and Tinnitus (ringing in ears) three times and have been denied three times. The VA neuro tech that saw me during C&P exam stated that my getting knocked out after falling down a stairwell on a ship was not serious enough to constitute a TBI, but maybe a mild concussion, and that I show no cognitive issues now.  I also have Tinnitus in both ears, and VA denied me; yet after the denial, they sent me to a VA contracted audiologist who determined that I needed hearing aids for hearing loss (minimal at certain ranges) and Tinnitus.  I now wear hearing aids with Tinnitus maskers, and the VA says that it is not service connected; yet they paid for the devices....makes no sense to me.

Well my wife would disagree.  I have issues sleeping, memory issues, become argumentative about not remembering and just flat out do not act the way I did in my younger days.  Now I admit that some of this may be my own issue, but I truly believe that the TBI has something to do with the memory and sleep issues.  Being argumentative is a bi-product of the memory and I get pissed because I cant remember things.  My long term memory is not bad, but my short term is getting worse all the time.

My question is:  What avenues do I have, other than filing a 4th appeal and being denied?  I know I have a TBI: I can prove it occurred in service (in my medical records) and I have cognitive effects to this day.  

 

Any advice is appreciated.

Edited by SliderHD
Missed putting something in
Link to comment
Share on other sites

Recommended Posts

  • 0

That is GREAT News Lenkl!

For those interested, this PH article explains the SMC "T" award.

http://onlinedigeditions.com/display_article.php?id=997778

Question-is the 100% SC the rating you get solely for the Brain Trauma?

reason I ask....I have a pending issue- husband was 100% P & T due to a 1151 Stroke, which VA granted under 1151 (malpractice) but, regardless of the medical evidence I have for a 100 % P & T posthumous status, (P & T documented by 2 VA doctors, NYS student loan waiver, Voc Rehab, et etc ) etc etc , the director of my VA (I still can hardly believe what she said)

insisted he was Total but not Permanent when he died ( the stroke was a contributing death factor)yet I asked her what specific cure did VA provide and never tell him about , before he died.All vets who died with a Total 100% should have a P & T status when they die...just like they awarded for my husband's 100% SC  PTSD at death.

There is a $$$$$ reason my VARO AGAIN is fighting me all they can... but I am curious as to the 100% rating which I assume is due to the brain Trauma and it's residuals. ?

Thank you for reminding ALL here that we should Never give up!

BTW-did they also give you P & T or do they somehow expect to cure the disabling affects of the brain trauma (damage) ...which is ,as far as I know , medically impossible.

Link to comment
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
×
×
  • Create New...

Important Information

Guidelines and Terms of Use