NavyWife

NavyWife, that advice you gave is priceless......

You are an incredible asset to hadit!

All advise above from everyone is great and please check out our TBI forum here ,Griffinms 1....

Like Notorious Kelly said, that is enough evidence. I would consider that exit exam stating "head injury with transient amnesia" to be MASSIVE evidence.

It sounds like you are concerned because it was non combat. That is not something you need to be concerned with. Like Rob M said There is NO requirement in the TBI rating that it be combat related. I think a lot of folks think PTSD has to be combat related, too & that is simply NOT TRUE.

Your goal is to give them enough evidence to schedule you for the TBI exam. In your statement that you send when you file, be sure to let them know that your exit exam stated, "head injury with amnesia". If you have a copy of that exit exam, send it in with your claim. If not, they should have it in your records.

It's good that you are "negative" or "skeptical". That is a healthy attitude to have with dealing with VA. It will save you a lot of getting your hopes up and then having them dashed by VA! But really you need to look at what evidence you have or could acquire and then file your claims based off your evidence. And in this particular case, you have MASSIVE EVIDENCE!

　
In order for a VA claim to be approved, it generally has to have three parts.

Part One --something happened in service. In your medical records you would have an event, symptoms, treatment or a diagnosis of an issue.

Part Two-- Something is bothering you right now. You are currently undergoing treatment for an issue or have a diagnosis of a current issue or are exhibiting symptoms.

Part Three--a Dr. can tie parts part 1 & part 2 together. This is called a Nexus statement. An example would look something like this, " The veterans deviated septum -incurred in service- more likely than not caused his obstructive sleep apnea."

For most direct service connection claims you will need all three of these parts for an approval. If your claim is secondary or presumptive then the rules are a little bit different.


　
In the meantime, read up on TBI and how VA rates it. VA rates TBIs on how it is affecting your daily life right now, these things are called "residuals".

There's a lot in the TBI section of this forum. Here's a post that has the rating schedule.


Keep asking questions! There's lots of folks here willing to help!

Sounds like a classic TBI...

Yes you probably should file a claim for TBI & include those recent reports that you mentioned.

However the VA is going to want to see some evidence that this event occurred. Hopefully that evidence is already in your service medical records.

Was this accident documented in your service medical records at all?

Do you have a copy of the hospital report where they checked you out? Portsmouth?

Do you have a complete copy of your service medical records?

If you have some documentation either in your SMRs or from the hospital report definitely send that along with your claim for TBI. If not, then hopefully it is documented in your service medical records & the VA will look through them & find it.

The second thing you will want to send in with your claim for TBI is a short statement with your description of the accident as well as your current symptoms. Just copy and paste what you wrote in your first paragraph above -that is perfect. If you know the approximate date or month or year that it occurred include that as well. You will also want to say that these symptoms are affecting your daily life in a negative manner.

Additionally it sounds like you have some secondary issues caused by the TBI that you certainly could file for as well.
Just make sure you are clear to VA that you are filing "secondary to TBI". The secondary issues that you could file for that you mentioned above are:
depression secondary to TBI,
migraines secondary to TBI and
tinnitus secondary to TBI

When you upload documents it recommends that you take a screenshot for your records. I uploaded a few things and am not too worried about them disappearing. If they wanted to make paper documents disappear they've proven they can do that just as easily.

I wonder if a screen capture of the E-Bennie pages showing the relevant information (before it gets deleted) would be admissible.

I have an entire filing cabinet full of 3 ring binders. I should only have just one binder....to think one Vet's claim over a lifetime could denude an entire forrest is mind boggling!

The best thing I bought was a stackable scanner. Pull the staples out and let 'er rip! I scan at 300 dpi to keep the size of the PDFs down. I have hundreds of folders for VA claims on a secondary hard-drive. Then I back those up on to a portable drive and memory sticks and keep them with my laptop. The VA needs to crap some mo money for me to go out and buy a new ipad!

Asknod has some really good argument and info about POR. It can help to keep your claim from being pushed off of a cliff.....

Green card with return receipt....has the mail clerk's name who signed for it. The BVA "lost" one of my faxes with a new IMO. Even though they acknowleged receiving the fax! Once the hearing is over it's over, then it takes years to get your evidence back into the system. Now if it's "negative" evidence, why that is always front and center. They cling to it with superglue! I find the whole process to be disingenuous....

air1,

They can use it but the strength of your IMO will be the determining factor as to which opinion carries the most weight. Preferably, you want an IMO prepared by a doctor who specializes in diagnosing and treating the conditions you are claiming and the doctor has reviewed all of your relevant medical records (military, VA and/or civilian), shows a nexus between your military service and your claimed conditions, and renders an opinion that your conditions were "at least as likely as not"'caused by your military service or are secondary to an existing service connected condition and supports his opinion with reasonable medical rationale.

Note: You must have a diagnosis by a VA doctor for a PTSD claim.

If you can't document it any other way screenshots are effective.

On my WIn7 I:

Hold down FN (function) key while pressing PRTSC (print screen)

Open Paint and hit Ctrl + V or click the Paste icon

Save as "EbensGhost1" then next one "EbensGhost2" or whatever and note it is saving it in My Pictures unless you choose another location.

Note it saves as .png file by default but you can change it to .jpeg .gif whatever.

All the info you want to save probably won't fit on 1 screen so in original document hit PGDN (page down) so new info is showing and follow above steps.

You can email these files to your lawyer.

Good luck!

The VA ruins lives assuming one letter reached its destination with no confirmation (if it was ever even sent).

They state they will mail correspondence to "the last address we have on file for you" but good luck finding out what that is.

My last decision package was mailed to an address I had changed months earlier; fortunately my mail forwarder caught it or I could be one of the many vets waiting months/years longer thinking my claim was processing after it had already been denied.

I hope Bob corrects this because it isn't the way a company could treat its customers and stay in business.

You should be able to recover from this with little delay and no impact on your claim.

Good luck!

Yes, it happens often that a claim is denied because they say a Vet is a no show at the C&P exam. Happened to me but just so happens I had the scheduler's phone number. I called her up and she said not only was it not scheduled, but that she had no request from the RO to schedule one. Whoooops!

You need to get into the RO and do a means test and fill out a co-pay waiver. You can also fill out a form to be re-imbursed for your meds as long as it was a VA pharmacy. You will then get complete healthcare and meds without paying anything. No dental though.

Unbelievable is spot on ! Don't mention any names, no hate mail. I just said who I was and what my issue was and the next day I get a email from the honorable Mrs. Allison Hickey saying she will look into ,why my appeal is so old?why over five years at BVA? Also gave me a
contact name from the BVA who will let me know about my claim. WOW!! Unbelievable after almost nine years emails from the top. My claim was put in 11-01-2006.

Well, I sent Allison an email yesterday and got a prompt response this morning. She is on it! If nothing else but to just check on my appeal status that has been looming since December 2012. She said:

Thadine, I noted by your note that this is an appeal - not a claim. As such there are two different organizations that work these two different issues. I will ask for the status of your appeal and ask them to share that information with us both.

Hey, this works for me and guess what, I just found me another Hero!

Again, i'm not expecting a miracle but I certainly appreciate the response. Thanks BigSarge for posting and i"ll keep everyone posted.

T

Big Sarge,

Glad to see another story of a veteran getting a quick positive response to their e-mail sent to Allison Hickey or Robert McDonald.

By the way, for those who want to send him an e-mail, Secretary McDonald's e-mail address is: Robert.A.McDonald@va.gov
Make sure you put a period before and after his middle initial.

Good luck to you Big Sarge and thank you for your service.

Georgiapapa

Been lurking for about a year and recently saw someone suggest e-mailing Allison Hickey. So I send her an e-mail Friday the 16th of January, She responds same day and says that she's on it (holiday weekend mind you) and today my claim is complete! WOW makes you wonder how many cases are that close to being closed but are simply forgotten about. Only got 10%, and I'm wondering if they low balled me because Allison got on their asses? Oh well, good enough for now.

Anxiety/PTSD

Claim filed - June 2014

Closed - Jan 2015

I cannot believe a simple e-mail was all I needed to get my case closed. Thanks to whoever provided her e-mail, hopefully I can get someone else's case closed too.

Allison.Hickey@va.gov

If you do e-mail her, make sure you provide your last 4 and regional office to save an e-mail.

The VA could eliminate all the little traps in the FDC process with better communication between the VA and the veterans. Absent an obvious disregard of instructions by a veteran, before the VA removes a veteran's claim from the FDC process, a call should be made from the VA to the veteran in an effort to try to keep the claim in the FDC process. JMO

ddj6969


Send an e-mail to Allison.Hickey@va.gov or Robert.A.McDonald@va.gov and ask for their assistance. Many on this website have received responses within a short period of time.

Hope this helps.

Great guideline, Ping.

Good point that C&P is a trial, not an 'exam'.

I don't think they like the accountability factor in that. I use that system against my nurses and docs when they blow off concerns, results, and procedures. Or especially when they state something that isn't correct. More than one occasion they have stated a program is not available or that a VAMC does not offer those services only to be proved wrong by me. It's also a clear record that you are trying to seek medical care, as well as continuity of care.

Heres an easy way to get a complete copy of your VA medical records and keep track of your health. you can send messages directly to your doctors office, request meds, read clinical notes , request appointments ect. ect.

first go to the MYHEALTHEVET and register, then apply for a premium account. this is free.
You have to get an authentication which is easy, just download the form, sign it and mail it to your VAMC. If your account is not upgraded to premium in around 30 days, call your local VAMC and request to talk to the myhealthevet authentication guy.
Once you have your premium account, you dont have to call the 1800 call center to send information that often gets lost or miscommunicated to your primary care professionals. You can send it directly to your doctors office. The great thing about this, is you have a record of the exact mesage you sent them, there is a "read reciept" That shows that your message has been recieved and read, and who read it.

Also, you can download and read or save a PDF file of your ENTIRE medical records files from the day you started recieving care to present.
when you need this information you can simply open your file, click print page, and you have it instantly.
I just downloaded and saved over a thousand pages.

We provided copies of my husband's private medical records at the same we filed claims for those conditions. If the claim was pending when treatment continued, we sent in those records as we went along. We did this because it was not only faster that way, but more importantly, we knew exactly what was sent in, when it was sent using certified mail, and when it was received because someone with the VA had to sign for it.

I recommend you get your own records together and send them in, certified mail, with a return receipt requested. Keep a copy for your records, of course. Plus, in the event the VA's loses them, which has been known to happen, you'll not only be able to provide another copy, but also a copy of the receipt proving when they first arrived at the VA. You may have to spend a little money up front to do all this, but it's an investment in yourself and insurance in case your paperwork goes missing. I don't trust the VA to obtain ANY evidence on my husband's behalf. That includes Social Security records. Even after we sent them in, the VA acted like they didn't have them. That's when the certified mail receipt comes in handy.

Well I had been reading everyone's success stories by contacting Allison hickey and I thought to myself it's been 2 1/2 years on our dependency claim what can it hurt to contact her. I did and within five days our children were added to my husband's award and we received our retroactive pay. Thank you very much for putting this information out so all And Veterans and their families can get results.

Navy04--
Can you please send that to me through private message. Thx

I didn't even really know about SSDI until I read about it on hadit.

Stressors are conceded due to combat.

PTSD diagnosis is given by VA.

Examiner marked Total Occupational and Social Impairment.

Looks like 100% to me!


Hopefully they will rate you at 100% based on this strong opinion given by the VA examiner. If for some reason the rater decides to give you 70% instead of 100% you will definitely want to appeal. Everything that is needed for them to rate you 100% is given in this exam report.

It's possible you might even end up with an SMC - S rating once all your other conditions are rated. That would add approximately $300 to your monthly compensation.

Any other claims for mental health such as depression or anxiety will be rolled in with this PTSD rating -and they will only give one percentage for any mental health ratings.


If any of your other issues get denied due to no Nexus-you will want to check and see if they are on the list of Gulf War presumptives.

It sure is BS K9MAL but you are willing to persevere.......

Maybe this case will help.....

The BVA site went down for maintenance just as I was copying this info........and I must admit I said some bad words....

My VA OLA paranoia makes me think they knew I had just found a beauty of a case. ( Ha Ha)

ORDER
The claim of entitlement to an increased rating for hearing loss is dismissed.
The claim of entitlement to an increased rating for tinnitus is dismissed.
The claim of CUE in an October 22, 2008 decision which denied service connection for hearing loss and tinnitus is granted, and an earlier effective date of May 30, 2008, for the awards of service connection for these disabilities is granted.

http://www.va.gov/vetapp14/Files3/1419343.txt

In this fairly recent BVA decision the BVA makes this point:

"If the evidence establishes CUE, an undebatable, outcome-determinative error, the prior decision must be reversed or revised, 38 U.S.C. §§ 5109A(a), 7111(a), and the decision constituting the reversal or revision "has the same effect as if the decision had been made on the date of the prior decision," 38 U.S.C. §§ 5109A(b), 7111(b).

As noted above, the Veteran's appellant's main claim as to CUE is that the RO impermissibly substituted its medical judgment when it failed to grant these claims even in spite of the fact that the only medical evidence of record was a positive medical opinion. The Veteran's representative argued that this was therefore a Colvin violation. The Board finds this argument to be without merit however, as the RO did not use its own medical judgment in forming this opinion, it indicated several reasons why they discounted this opinion, therefore, this is merely an argument with how the facts were weighed or evaluated, which, as noted above, cannot rise to the level of CUE."
BUT.............
"However, the Board notes that the RO, in its October 2008 rating decision, indicated that one of the main reasons they discounted the private positive medical opinion was because there was no evidence of record that the Veteran has been exposed to hazardous noise. The Board does not find this consistent with the evidence of record at that time, namely, the Veteran's personnel records, which show that he underwent rifle training and had an expert marksmanship badge. In essence, given the Veteran's contentions and the information in his service records supporting a finding of excessive noise exposure, the Board is unable to identify any contrary evidence to support the RO's finding. In addition, such noise exposure clearly consistitutes an injury sustained during active duty for training, in light of the medical opinion of record at the time of decision linking his hearing loss and tinnitus to such exposure. As this undebatable error was the primary basis of the RO's denial, the Board concludes that the error manifestly changed the outcome of the decision at the time it was made. Such a mistake constitutes clear and unmistakable error and, as a consequence, an earlier effective date of May 30, 2008, for the award of service connection for hearing loss and tinnitus is granted."

Yippee.
So in essense the Vet rep argued the wrong basis of CUE but still the BVA ( they read EVERYTHING because they dont want their decisions to go to the CAVC to be overturned on legal error)
the BVA did find that a CUE occurred and thus awarded it regarding the HL and the tinnitus.
This is why Ben Krause did that article recently on how we must Read every single word in any negative decision.
And we have to read these decisions more than once or twice........
because VA plays war games....the war of the words..........

"the Board is unable to identify any contrary evidence to support the RO's finding. In addition, such noise exposure clearly consistitutes an injury sustained during active duty " etc ....meaning
their is no other known post service etiology, but for the veteran's MOS, that would warrant the past past denial.

I am sure that is the case here in your tinnitus situation.

I have used BVA cases, to support legal points, in past claims I have had with the RO.

Do not hesitate to use this BVA decision as to their legal premise here.

I am assuming the past C & P s for tinnitus that you already had ( which did garner an award)
did not really consider that you have no other etiology or cause ,but for your Mil service and your past posts here revealed the doc did link the tinnitus to your military service, so as you said.......
a better EED for the tinnitus is sure in order.

And if the RO fails to do that right this time, a CUE claim IS IN ORDER on the older decision and even during the appeal period you will get if they make another bogus decision on the tinnitus.