What More Can I Do?

[evilerny506wife]

We put in for TBI... a year later, DENIED. What for? No relation to the military. We sent in documents from the Military Dr. who said he had TBI when my husband came back from Iraq. We sent in letters from those who knew about the 70 mph crash from explosion as proof and came to the rescue. We would send in a letter from those who were in the Humvee with him... but alas most of them either didn't make it back from Iraq, committed suicide, or just disappeared from everyones radar... even family. RIP :D

The VA seems to be hung up on the fact that he didn't go to a Dr. and have it recorded after the accident. Hello, unless it is a life or death you don't get medical care.... even if you were knocked unconscious.

My dear husband, whom we will call evilerny, has been referred to the TBI special program to get help, by one of their very own VA doctors. The TBI clinic say indubitably he has TBI. He was sent to the neurologist as one of his C&P and finally received the results... after we were already denied. The Nero Dr said that their was definitely scar tissue and that evilerny should go to the TBI clinic... yeah we have already been there.

So here is the catch, our denial letter states the reason for denial is for lack of proof... but yet on the pages to follow where they explain why, they say in so many words that according to the C&P they don't believe he has it anyway. Hmmmm????

We have given pictures, letters, things different from before and after. medical documents from after he came back from Iraq. So I digress, What more can we do?

[pacmanx1]

Is your denial from the VARO or BVA? Have you filed a NOD?

[carlie]

So here is the catch, our denial letter states the reason for denial is for lack of proof... but yet on the pages to follow where they explain why, they say in so many words that according to the C&P they don't believe he has it anyway. Hmmmm????

We have given pictures, letters, things different from before and after. medical documents from after he came back from Iraq. So I digress, What more can we do?

evilerny,

Can you scan in and upload the Rating Decision, minus info like real name, address, SSA number ?

What is his current 50 percent SC for.

Did you check out the Evidence Section of the Rating Decision to make sure all of the

Evidence was of record in the Rating Decision. Especially things like pictures ?

carlie

[evilerny506wife]

30% PTSD; 10% headahs; 10% back injury. I will have to get the paperwork out. I may have to type it up. As of right now I only have access to my iPhone for Internet. So it might be next week that I can get it up here

[evilerny506wife]

Is your denial from the VARO or BVA? Have you filed a NOD?

How do I know who it is from? I don't know the diffrance between the 3.

[evilerny506wife]

evilerny,

Can you scan in and upload the Rating Decision, minus info like real name, address, SSA number ?

What is his current 50 percent SC for.

Did you check out the Evidence Section of the Rating Decision to make sure all of the

Evidence was of record in the Rating Decision. Especially things like pictures ?

carlie

the conformation was not in that paperwork but we had recieved a letter several months prior to the denial letter. It stated that they had recieved all our info and had it all listed and it was submitted to the reveiw board.

[carlie]

The VA seems to be hung up on the fact that he didn't go to a Dr. and have it recorded after the accident. Hello, unless it is a life or death you don't get medical care.... even if you were knocked unconscious.

evilerny,

Would part (d) below be of any help ?

carlie

Sec. 3.304 Direct service connection; wartime and peacetime.

(a) General. The basic considerations relating to service connection

are stated in Sec. 3.303. The criteria in this section apply only to

disabilities which may have resulted from service in a period of war or

service rendered on or after January 1, 1947.

(b) Presumption of soundness. The veteran will be considered to have

been in sound condition when examined, accepted and enrolled for

service, except as to defects, infirmities, or disorders noted at

entrance into service, or where clear and unmistakable (obvious or

manifest) evidence demonstrates that an injury or disease existed prior

thereto and was not aggravated by such service. Only such conditions as

are recorded in examination reports are to be considered as noted.

(Authority: 38 U.S.C. 1111)

(1) History of preservice existence of conditions recorded at the

time of examination does not constitute a notation of such conditions

but will be considered together with all other material evidence in

determinations as to inception. Determinations should not be based on

medical judgment alone as distinguished from accepted medical

principles, or on history alone without regard to clinical factors

pertinent to the basic character, origin and development of such injury

or disease. They should be based on thorough analysis of the evidentiary

showing and careful correlation of all material facts, with due regard

to accepted medical principles pertaining to the history,

manifestations, clinical course, and character of the particular injury

or disease or residuals thereof.

(2) History conforming to accepted medical principles should be

given due consideration, in conjunction with basic clinical data, and be

accorded probative value consistent with accepted medical and

evidentiary principles in relation to value consistent with accepted

medical evidence relating to incurrence, symptoms and course of the

injury or disease, including official and other records made prior to,

during or subsequent to service, together with all other lay and medical

evidence concerning the inception, development and manifestations of the

particular condition will be taken into full account.

(3) Signed statements of veterans relating to the origin, or

incurrence of any disease or injury made in service if against his or

her own interest is of no force and effect if other data do not

establish the fact. Other evidence will be considered as though such

statement were not of record.

(Authority: 10 U.S.C. 1219)

© Development. The development of evidence in connection with

claims for service connection will be accomplished when deemed necessary

but it

[[Page 231]]

should not be undertaken when evidence present is sufficient for this

determination. In initially rating disability of record at the time of

discharge, the records of the service department, including the reports

of examination at enlistment and the clinical records during service,

will ordinarily suffice. Rating of combat injuries or other conditions

which obviously had their inception in service may be accomplished

pending receipt of copy of the examination at enlistment and all other

service records.

(d) Combat. Satisfactory lay or other evidence that an injury or

disease was incurred or aggravated in combat will be accepted as

sufficient proof of service connection if the evidence is consistent

with the circumstances, conditions or hardships of such service even

though there is no official record of such incurrence or aggravation.

(Authority: 38 U.S.C. 1154(b))