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McLain
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Posts posted by McLain
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Sorry so late replying, I didnt know there were replies.
Thank you for the info Cham1968
UPDATE to everyone, we got copies of the C&P exams. The neurologist he sees regularly was the same Doc. who did his C&P exam for TBI. It states he does have mild TBI. However, it also says "his seizures which started 6 years after his concussion, are less likely as no tassociated his mild TBI. His memory problems are most likely associated with his PTSD".
basically she is saying nothing is caused from this reported concussion, but she does admit in the report that he has PTSD. Do you think this would benefit us for a PTSD claim at all? Do you know how we can go about getting him a diagnosis?
Thanks in advance
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This was a provisional rating. It is not eligible for an NOD. Since, it is provisional, when the Veteran asks for the NOD, he will be told the rating will be reopened with a new tracking number, but all issues will keep original effective date. Because a provisional rating is not determined to be a final decision. The claim will be handled as a claim for increase. Then when the RO gives a regular rating decision, (a non-provisional final decision) that decision may be appealed.
These provisional ratings allow the VA to "clear their pending claims backlog" and make sure their stats are looking good. In the mean time Veterans are having to jump through hoops and deals with more paperwork and doctors appointments and anxiety over their claims, but more importantly stressing out about their illnesses and finances) But it's more important that VA can show Congress how well they are processing claims..(written sarcastically)... It's all smoke and mirrors. I am so sorry you are having to go through this claims process again.
Really?
Wow, ok the TBI was rated at 0%. But he also claimed his Epilepsy in the same claim, that was denied. Can we file a NOD for the epilepsy?
Thank you for your replies!
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OK, AGAIN- here it is. A little blurry, sorry
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OK, AGAIN- here it is. A little blurry, sorry
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Hi Guys, I know Carlie wanted to see original document, so I have scanned the denial letter/packet with personal information blocked out. Here is the attachment if you can see it! Please feel free to comment ;)
let me rescan this- the file is too large
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no do not believe he was diagnosed by MD about PTSD. His neurologist did acknowledge it a few times and he was told he had PTSD from neuro. Maybe its in her reports? We will be obtaini.g them soon
I dont believe he has CIB, or OEF/OIF. He says no anyways- Those things would only benefit his PTSD, correct?
Even though his PTSD is a big factor, we are really fighting for his epilepsy, which is his Main Disability it's causing him his daily activities, yardwork, housework, driving, walking places, and number one he can't do is work, at least right now.
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McLain,
Again . . .
Please clarify:
1) TBI - DC 8045 was granted as service connected with a zero percent evaluation.
2) TBI - service connection was denied.
Lol at the randome reply in error, Sorry about that Carlie obviously I cannot use this forum from my cell phone
I am looking at the letter: it States
Decision:
1. SC for TBI (claimed as head trauma) is granted with an evaluation of 0 percent effective July, 26, 2011.
That is the date we filed.
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And no do not believe he was diagnosed by MD about PTSD. His neurologist did acknowledge it a few times and he was told he had PTSD from neuro. Maybe its in her reports? We will be obtaini.g them soon
McLain,
Another question.
Brain injury = Diagnostic Code (DC) 8045 - Pre Oct 2008
TBI = Traumatic Brain Injury = Diagnostic Code (DC) 8045 - Post Oct 2008
If in fact, his TBI was granted as SC'd with a zero percent evaluation -
what was the effective date of the SC ?
McLain,
Another question.
Brain injury = Diagnostic Code (DC) 8045 - Pre Oct 2008
TBI = Traumatic Brain Injury = Diagnostic Code (DC) 8045 - Post Oct 2008
If in fact, his TBI was granted as SC'd with a zero percent evaluation -
what was the effective date of the SC ?
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Hi thank you for info. I dont know what OEF/OIF means or CIB, sorry very new to the lingo. But anxiety should not cause epilepsy, especially if hes been pretty banged up treated for head trauma right? I am thnking we will definitely need IME.
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Does your husband have a diagnosis of PTSD, from an M.D. or a PHD? a working diagnosis from a counselor is not enough for VA purposes.(it's sounds like the examiner is putting the cause of your husband's issues on a the "non-service connected mental disorder". You definately need a report of examination findings from a VA doctor or a private IMO/IME which will provide a diagnosis of PTSD by an M.D. or PHD. Without that, they may try to say he has an adjustment disorder or a non-service related anxiety disorder. Be careful here, and make sure you have all your evidence together in support of your claim for PTSD. Especially, if your husband was not an OEF/OIF veteran, or if he does not have documentation in his records showing he was in receipt of a CIB or eminent danger area.
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Carlie,
Yes to all! His seizures vary. Sometimes 2 grandmals a week, then sometimes hes good for a while maybe 2 a month. He has little seizures several times a week and gets shakey/ tremors daily.
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Hi Berta. Thanks for the info.
When he originally filed he wasnt diagnosed with PTSD, and Since he was Spec Ops he was a little paranoid on what he can and cant put if ya know what I mean. He served during Gulf war time but was never considered to be in war.
He started seeing a behavior health counselor after his neurologist referred him there, shortly after we filed claim. Then was dianosed by counselor with PTSD, and neuro also mentioned it in one of the visits. He now takes meds for niggtmares and mood swings.
I believ we will start a new clam for PTSD and his knees, but not sure if we start a new clam while the first one is being appealed that it might slow the first one down?
I already started a new claim in Ebennies, to get the start date effectiv for pay, I believe we have a year to submit it to VA :)
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71M10,
No we did not really know what was in his records. His memory is very bad. We went off his memory, in the claim stated he was treated at Beale AFB, but the denial came back stating he had concussion from Martinez Medical Center. We called to get his records at Beale and they told us they had been archived in St. Louis. He is not currently active he was in service from about 88-98
We just contacted an attorney yesterday who is local, and who is actually a veteran himself- we shall see
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Thank you all for responses.
Carlie/ Berta: the Reasons are as stated
SC for sizures/epilepsy:
The evidence does not show an event, disease or injury in service. Your service treatment recors do not contatin complaints, treatment, or diagnosis for this condition. We received medical evidence from Martinez and Palo ALto VA MED Centers which discussed the symptoms of your medical condition ( which we treat at Mather VA now they didnt put that where most his records are) . The evidence does not show that your disease developed to a compensable degree within hte specified time period after release from service to qualify for the presumption of service connection. - Yes he started getting seizures a year or two after discharge
SC for dislocation, r. shoulder:
Your service treatment records show you injured your right shoulder in a motor vehicle accident in july93. We scheduled an exam for you to determine the current level of disability caused by this injury. The VA med. opinion found no link between your diagnosed medical condition and military service. The VA examiner stated that since there was no treatment for this injury following the initial treatment. Your reported suffering dislocations of your right shoulder following release from service, which the examiner stated is not consistent with the type of injury you suffered. The examiner stated your current right shoulder strain is most likely related to overuse and injuries of the r. shoulder which occurred after you left service. We received med. evidence from Martinez VA Med. Center which discusses the symptoms of your medical condition.
This shoulder thing is not a big deal, he sometimes gets flare ups but not too bad. It is the epilepsy and TBI and PTSD (not cliamed) that is the worst and really effecting his ability to daily living you know.
No Carlie unfortunately we do not have any copies of those C&P exams, any idea how to obtain them?
Also, it sounds like you may have went through a somewhat similar situation being your condition, Did you have to appeal as well? Was it a very hard/long process ?
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Thank You Broncovet! I am going to researche IME right now.
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We just looked at the letter and,
This was the main reason for denial on TBI- traumatic brain injury:
"No complains of impairment of memory, attention, concentration, or executive functions. Although the examination findings show a history of mild memory loss, the examiner stated this is due to a nonservice-connected mental disorder, and is not the result of your traumatic brain injury."
This is false. My husband has memory loss, has been treated for headache there at VA ER. The C&P examiner was his regular neurologist and has always thought we were lying to her or something, she is not the nicest!! We are so frustrated reading this! It kills me that she could say it is not related to TBI, how would she know this?
Wow I hope we can get a second opinion and this would be easy to appeal.
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Hi John999, Thanks for your reply.
No private medical opinion that I am aware of. He currently treats with the VA for epilepsy. He got pretty banged up in a couple accidents that have occured. One accident where he had a concussion, that is the accident he triedto use in his claim. He gets frequent headaches and plenty of symptoms from TBI, but when I helped him file his claim we only put TBI, epilepsy, Shoulder dislocation on the injuries. Stupid, yes but had no idea what we were facing.
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Thank you for your reply Carlie. I will definitely do that as soon as I get home ; )
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Hi all! Thank you for your service!
Husband was just rated at 0% for TBI, this is service connected but No compensation? He was also denied completely on his Epilepsy & shoulder dislocation.
He was in Special ops, maybe his records were classified, which is why they couldnt compensate or put the two together, because they could not access records?
I am not sure how he can be rated service connected but 0%? TBI can later cause epilepsy, and clearly this happened to him. What do we do? We are trying to obtain his records that are now archived at ST. LOUIS, MO. and planning to get an atty. Anyone been through this? Since they do recognize the TBI, do you think the appeal process may be easier? Anyone w/ any input is much appreciated.
THANK YOU ALL !
Service Connected At 0%. Please Help
in Appealing Your Veterans Compensation Disability Claims NOD, DRO, BVA, USCAVC
Posted
Cham1968, did you go to your psychologist regularly, but since you werent seeing a psychiatrist they wouldnt accept it?
Are you taking medications for your PTSD like mood/nightmares etc?
He sees a counselor at the VA hospital and she gives him meds, it is talked about in his neurology reports about him having PTSD, and his neurologist is the one who referred him to counselor as well, but I am not sure if he has an actual DX...
Thanks!