TBI being SC is a judgement call...

[eli]

I had called the White House hotline due to the CUE and equitable relief in my case not being handled.  This resulted in me receiving a phone call from a resolution team supervisor from my RO.  He stated what he needed for my claim and I pointed out where each of these items were in my file.  They reopened my claim but didn't finish it.

I called the WH hotline back and received another call from the same RO sup.  We went over every document and I even emailed him my entire form 9 package. He verified receiving them.

He wasn't familiar with the reg for epilepsy secondary to TBI so I emailed him a copy of that, he verified receiving and we went over it.

Given how long it's taken them to accomplish tasks my form 9 was due and I submitted it, all 78 pages.  They quickly got that certified at that RO.

So after reviewing and determining that I have in my file:

*A witnessed in service head injury - witness statement.

*A witnessed and documented event (seizure) at the base within months of the TBI.  No one knew it was a seizure at that time but thank God they documented it.  My drs have stated to VA that the event was indeed a seizure.

*2 epileptologists, 2 neurologists, 2 DBQ's and 2 additional IMO's stating that I have epilepsy, that the in service event was a TBI and that the in-service TBI is the cause of my epilepsy.

The supervisor told me this:

He would have to make a "judgement call" regarding whether or not the head injury was indeed a TBI before he could SC me for a TBI.  And since he's not willing to make a judgement call there's nothing else he can do.  He said without SC for TBI then the epilepsy is moot.

But he recommended submitting a hardship form for my BVA case since the neuro, epi and neurosurgeon have all said I'll probably die from SUDEP given I'm having over 50 seizures a month and meds aren't helping.  And that's 50+ a month with a controlled lack of trigger lifestyle of no tv, no music/noise, and only leaving the house for drs appointments.

I read hadit and some internet when I don't have migraines/headaches.  :)

All of that evidence and he says he has to make a judgement call?????????????

This is the same RO that decided my claim in 10 days stating no injury, no diagnosis and no link although all of those items were listed as evidence on the SOC; which he admitted they had them when they denied claim.

He stated, we received and reviewed your form 9 packet (78 pages) and certified it so it got a 2nd look.  Based on our prior convo and this convo, given the dates, they received, reviewed and certified it all in one day!

This is also the VARO with the most, 2,992 TBI errors made, per Chris Attig, Veterans Law Blog.

https://www.veteranslawblog.org/big-news-veterans-tbi-service-connection-claims/

 

Am I in the twilight zone?

Edited February 2, 2018 by eli
spelling error

[vetquest]

Yes, you appear to be in the VA's version.  Is there any way to apply for epilepsy straight out?  You had your first event in service and it was documented, I am surprised you were not discharged because of the epilepsy.  What was the character of your discharge and did you go before a medical board? 

 

[Berta]

 " My drs have stated to VA that the event was indeed a seizure.

*2 epileptologists, 2 neurologists, 2 DBQ's and 2 additional IMO's stating that I have epilepsy, that the in service event was a TBI and that the in-service TBI is the cause of my epilepsy."

Have you posted anywhere here the actual decision and evidence list that denied the claim?

( If not-can you scan and attach here their decision as to their rationale, to include how they opined on the evidence you listed above, that I assume they  also listed as evidence....or maybe they didnt )   Cover C file #  name prior to scanning it)

This is a  2013 VA press release on TBI------:

"The new regulation, which takes effect 30 days from today, impacts some Veterans living with TBI who also have Parkinson’s disease, certain types of dementia, depression, unprovoked seizures or certain diseases of the hypothalamus and pituitary glands. "

Is that the regulation you mean?

 

The supervisor told me this:

"He would have to make a "judgement call" regarding whether or not the head injury was indeed a TBI before he could SC me for a TBI.  And since he's not willing to make a judgement call there's nothing else he can do.  He said without SC for TBI then the epilepsy is moot."

I think that is VA BS .....plain and simple.

Have you considered filing an IRIS complaint? The complaint stuff is in a pop down box somewhere to the right hand side of the inquiry page.

 

[eli]

6 minutes ago, vetquest said:

Yes, you appear to be in the VA's version.  Is there any way to apply for epilepsy straight out?  You had your first event in service and it was documented, I am surprised you were not discharged because of the epilepsy.  What was the character of your discharge and did you go before a medical board? 

 

I was a reservist that was activated for the Gulf War, when we were finished they said thanks, out processing was a little paperwork and a tap on the butt.

[vetquest]

I believe then that you should attempt to have the epilepsy rated as service connected.  Any disease that incurs in service or becomes worse in service can be service connected.  You appear to be in the same situation I was in.  I was discharged at the convenience of the government after 8 years so the VA refused to consider me as disabled due to my not being discharged as disabled.

[eli]

On ‎2‎/‎2‎/‎2018 at 9:26 AM, Berta said:

 This is a  2013 VA press release on TBI------:

"The new regulation, which takes effect 30 days from today, impacts some Veterans living with TBI who also have Parkinson’s disease, certain types of dementia, depression, unprovoked seizures or certain diseases of the hypothalamus and pituitary glands. "

Is that the regulation you mean?

Yes ma'am that's the reg.

Have you considered filing an IRIS complaint? The complaint stuff is in a pop down box somewhere to the right hand side of the inquiry page.

I've never used IRIS.

 

 

Edited April 29, 2018 by eli

[eli]

6 minutes ago, vetquest said:

I believe then that you should attempt to have the epilepsy rated as service connected.  Any disease that incurs in service or becomes worse in service can be service connected.  You appear to be in the same situation I was in.  I was discharged at the convenience of the government after 8 years so the VA refused to consider me as disabled due to my not being discharged as disabled.

Thank you.  The epilepsy is secondary to the TBI and both are listed and they deny giving the same reasoning for both.  NC VARO is just a social experiment of ignorance collecting paychecks.