Tbi Va Criteria Proposed Changes An-89

[Berta]

38 CFR Part 3

RIN 2900-AN89


Secondary Service Connection for Diagnosable Illnesses Associated 
With Traumatic Brain Injury

http://www.regulations.gov./#!documentDetail;D=VA-2012-VBA-0029-0001

This is a proposed rule to amend 38 CFR, regarding TBI secondary conditions in part thus:

(d) Traumatic brain injury. (1) In a veteran who has a service-
connected traumatic brain injury, the following shall be held to be the 
proximate result of the service-connected traumatic brain injury (TBI), 
in the absence of clear evidence to the contrary:
    (i) Parkinsonism following moderate or severe TBI;
    (ii) Unprovoked seizures following moderate or severe TBI;
    (iii) Dementias (presenile dementia of the Alzheimer type and post-
traumatic dementia) if manifest within 15 years following moderate or 
severe TBI;
    (iv) Depression if manifest within 3 years of moderate or severe 
TBI, or within 12 months of mild TBI; or
    (v) Diseases of hormone deficiency that result from hypothalamo-
pituitary changes if manifest within 12 months of moderate or severe 
TBI.
    (2) Neither the severity levels nor the time limits in paragraph 
(d)(1) of this section preclude a finding of service connection for 
conditions shown by evidence to be proximately due to service-connected 
TBI. If a claim does not meet the requirements of paragraph (d)(1) with 
respect to the time of manifestation or the severity of the TBI, or 
both, VA will develop and decide the claim under generally applicable 
principles of service connection without regard to paragraph (d)(1).
    (3)(i) For purposes of this section VA will use the following table 
for determining the severity of a TBI:

etc: includes the medical stuff.......

comments are being collected until Feb 8,2013

[PfcBrink65th]

Who do you contact if you have a SC TBI awarded, and have severe epilepsy and your claim is still being processed (3yrs so far) to speed up getting the Epilepsy added. The neurologist at the VAMC have diagnosed the seizures as a result after abnormal MRI. The VA has reported me to DMV and I have lost driving privledges, appealed through DAV but they aren't effective. Contacted Congressmen and sent copy of records all they did was send letter of inquirery. Hired an attorney but since she gets paid on % of back pay she is content to drag it out as long as possible. Is their someone else? OIG? will the OIG even help or do they even bother. Had to relocate because severe financial loss due to loss of driving privledges and my new state VARO sent c-file back to prior state until it has been processed, and said they don't want to process here as I will recieve 3-4 yrs back pay, new VAMC has enrolled me but denied medication until my records are sent back, its been 11 months with no seizure meds and enrollment in tricare is waiting to recieve C-file. I also filed for general unemployability but VA says they aren't going to process that until my appeal is processed. I called the prior state of residence and told them I am not recieving meds because my new state is waiting for them to process and resend my C-file. They told me to withdrawl my original 3-4 yr old claim and file new one in SC and they will send records and my care resumed. Attorney says that will forfiet back pay. How do I get treatment resumed and who do I contact?

[Berta]

"Attorney says that will forfiet back pay"

Right!

Who is your attorney and is Brink your real last name.?

You re enrolled in Tricare? are you medically retired? I think you said you were in another post but not sure.

I might know the lawyer you have and, with your permission stated here, maybe I can do something to help,even if I dont know them.

Or this might be a situation that VA Central can resolve.

You can complain to OIG via their web site but there are other ways too, to gain attention to your situation...which is serious but not unlike many major VA snafus these days.

Edited January 13, 2013 by Berta

[militarynurse]

Surely the VA doesn't intend to make those disabled veterans who are the least cognitively able, ( i.e., the brain injured ), (re)file new claims to overturn previous denials of these diagnosable illness claims, ( which will now be considered service connected as secondary to a TBI )!!!

Edited January 13, 2013 by militarynurse

[PfcBrink65th]

"Attorney says that will forfiet back pay"

Right!

Who is your attorney and is Brink your real last name.?

You re enrolled in Tricare? are you medically retired? I think you said you were in another post but not sure.

I might know the lawyer you have and, with your permission stated here, maybe I can do something to help,even if I dont know them.

Or this might be a situation that VA Central can resolve.

You can complain to OIG via their web site but there are other ways too, to gain attention to your situation...which is serious but not unlike many major VA snafus these days.

My attorney is Ashley Crouch in greenville SC. My last name is Brinkley. I was recieving my care direct from VAMC 100% covered, yes I am Medically retired from active duty SC 20% TBI. Before I moved to South Carolina I only lived 8 miles from the Alburqurque VAMC in NM. Now I am 2 hours from the Charleston VAMC and after going 3 time to enroll and find out why I'm not recieving appts. or medications I was told all my records and C-file were in Alburqurque VARO. NM VARO will not transfer records or C-file until claim is resolved or withdrawn. Attorney has also had to file an admin apeall after requesting a copy of my C-file 6 months ago and only recieved a letter of confirmation of power of attorney, which was previously handled by DAV. DAV did however send a copy at my request to my attorney after I told them what was going on. Went to OIG website only found mailing address looking for email address.

[Berta]

http://www.va.gov/oig/contact/default.asp

all VAOIG contact info here.....

I used email contacting them...I used the hotline email addy They dont care about claims questions...they might be concerned about the medication issue.

Dont know Ms. Crouch .Your Attorney's name only pops up twice at the BVA....I have more hands on expertise then she does re VA case law....

You might consider this........

Media Room Media Inquiries

For media inquiries, please call (202) 461-7600 or email VA Media Relations. You may also join the VA Public Affairs Distribution List.

Call and see if Mr. Thomas is still there and ,if not, just ask if this is where any newspaper has to contact the VA, if you give them a story on how you are unable to get your SC meds from VA as you assume your story would have to be verified via VA.

Tell them you have no other recourse but to go to te press., as you have epilepsy from a TBI that has been service connected,yet VA weill not give you the meds you need.

This tactic I used re another matter, got a letter I wrote right onto Sec Shinseki's desk ,whose office which was right next to this media office at the time at VA Central

If that doesnt work, I will think of something else......

Edited January 15, 2013 by Berta

[PfcBrink65th]

http://www.va.gov/oig/contact/default.asp

all VAOIG contact info here.....

I used email contacting them...I used the hotline email addy They dont care about claims questions...they might be concerned about the medication issue.

Dont know Ms. Crouch .Your Attorney's name only pops up twice at the BVA....I have more hands on expertise then she does re VA case law....

You might consider this........

Media Room Media Inquiries

For media inquiries, please call (202) 461-7600 or email VA Media Relations. You may also join the VA Public Affairs Distribution List.

Call and see if Mr. Thomas is still there and ,if not, just ask if this is where any newspaper has to contact the VA, if you give them a story on how you are unable to get your SC meds from VA as you assume your story would have to be verified via VA.

Tell them you have no other recourse but to go to te press., as you have epilepsy from a TBI that has been service connected,yet VA weill not give you the meds you need.

This tactic I used re another matter, got a letter I wrote right onto Sec Shinseki's desk ,whose office which was right next to this media office at the time at VA Central

If that doesnt work, I will think of something else......

Called the OIG hotline they are contacting the Charleston VAMC to find out why my appts and meds havent been made or sent and ordering them to continue them after they looked up my VA file number to confirm they were stopped in april of 2012. It showed in the system a transfer request to SC but after that nothing. thank you. What do I tell the media relations office?? Not worried about confirmation as Congressman Wilsons office, The OIG, and my Attorney have already done so. Do I tell the media relations that the info is in regards to a media release. I have considered contacting the media. In regards to my attorney I spoke with her today also, I'm kinda PO'ed she waited almost 5 months after requesting to get my c-file before doing the Administrative appeal. She told me when I hired her she would get results faster than the 2 years The VA told me it would take to add the epilepsy as secondary to the already awarded SC TBI. It was found and diagnosed and treated by the VA neurologists as a direct result of a TBI. The new mandates will make that automatic though so all I need is to get it expedited. Its amazing how much time you have to sit on the phone all day when you get a medical hold (seizures) on your license...lol