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?

[evilerny506wife]

Carlie I love you! I think that will be very helpful. On another note I was wrong about the % there it is 30 PTSD 10 spinal sprain 10 spinal lumbar scholiosis. And headaches didnt rate high enough for a rewardable %.

[Berta]

"He was sent to the neurologist as one of his C&P and finally received the results... after we were already denied."

If you mean VA did not have these results and they denied- then I think a Reconsideration request would be in order.

Or do you mean VA listed the C & P exam as evidence and referred to it-but did not interpret it right?

Does he have a vet rep as his POA?

Did they list as evidence any of the evidence you had sent to them and then ignored the rest?

What are his SC headaches from?

Edited May 8, 2010 by Berta

[carlie]

And headaches didnt rate high enough for a rewardable %.

evilerny,

Take a re-look at the Rating Decision in the Reasons and Bases Section.

It's very important to know if:

1) Headaches are service connected at zero percent

OR

2) Headaches were denied - not service connected at all

Keep in mind that a disability SC'd at EVEN zero percent

is the foot in the door.

Now if the headaches are actually SC'd - look again at the Rating Decision

for why they are SC'd and why granted at zero percent.

Hope this helps a vet.

carlie

[Pete53]

Is your hubby able to work. Don't get to hung up on TBI cause the PTSD rating in place can open another door for him.

Good Luck

[bufloguy]

Did you submit a Nexs letter with the claim? They would deny if you can't connect the current injury with the in service incident.