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Master Chief Petty Officer
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About K_C

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    E-4 Petty Officer 3rd Class

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  • Service Connected Disability

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  1. @Navy04 Evidence is scant but there is at least a little, plus I can get a buddy letter from the driver. I am working on getting some kind of record of the accident, but so far it's proven more evasive than I expected it would be. I thought accident records would be relatively easy to get from the DMV or law enforcement. Apparently not. @jfrei It's not SC'd because I've never claimed it. I've had migraines since the accident, 14 years ago, but only recently started claiming any of my disabilities. I didn't even know veterans disability existed until about 2013, more than five years after
  2. @Navy04 I have a brain scan via mri ordered now. Though, I've read that brain scans are mostly meant to help treat immediately following TBI or treat very severe TBI. Years later a TBI isn't guaranteed to show any signs at all, especially a mild one. I suspect my TBI was mild and it happened 14 years ago, so unfortunately it probably won't help me. Definitely worth doing either way. @jfrei You didn't misread. There's no way for me to contact the other driver because I never even spoke with her and this was 14 years ago halfway across the world. I have been in touch with LE agencies as wel
  3. Sorry @broncovet, yes I understand about the in-service event now and believe it's manageable. I have my C-File and everything highly organized at this point from my other claim, I hope everyone reading this does the same--it's one of the most valuable pieces of advice out there. I will work on the diagnosis of TBI now that I understand it is necessary. Thank you for clearing up my confusion.
  4. Thanks @broncovet I didn't realize that (an old TBI diagnosis can have a current diagnosis). I'll have to check with my neuro or IMO provider to see if this is something they can diagnosis currently despite the event being years ago. I did read that TBI can show on MRI, but diagnostic tests are not guaranteed to uncover a TBI. I have no diagnosis of TBI, ever. I have the in service event (auto accident) and some loose documentation in my service records (because I was having persistent issues with my eye and vision after the accident). I was a passenger, no alcohol or any kind o
  5. Thanks broncovet. I appreciate the info. This is my hang up: I need a current diagnosis of "Traumatic Brain Injury"? Is there even such a thing, since the TBI event was years ago? Like my analogy, if I broke my ankle ten years ago, but today have ankle problems, I wouldn't have a current diagnosis of broken ankle. This is where I am still confused. Do I need to ask my doctor to specifically diagnosis a TBI right now, or just draw a nexus from TBI event to migraine diagnosis?
  6. I have a question about proving my particular TBI and nexus. Looking for any help. All advice is welcome. Thanks in advance. No in-service diagnosis of TBI Was a passenger in an auto-accident while on active duty, was unconscious for an unknown amount of time (likely 5-10 minutes), and both myself and the driver (who was also active duty) experienced what I now understand to be symptoms of TBI following the accident. Did seek medical attention for several weeks following the incident, and the auto accident is documented there. However, I was only seeking help for an eye and v
  7. Hello everyone, This question feels incredibly silly, but it's stumping me. Would like to claim Migraine headaches due to TBI Not currently rated for TBI Not (currently) seeking anything related to the TBI other than migraines Are the migraines secondary to TBI, or Are the migraines directly service connected with TBI being the in-service event? If the migraines are secondary to TBI, how does one ever get a current diagnosis of TBI, seeing as it's an event sort of thing? Or, how do you work around this? In other words, if I broke a bone ten years ag
  8. Wow, asknod, you never disappoint. It's worth loitering around here just to see your commentary on the VA, if nothing else. I decided to go with my attorney's advice on anything appeal-related (basically anything they represent me on). I do my research and I see a lot of great info here and there, but I sought highly-rated legal representation because I felt they could navigate the appeals better than I could, when push came to shove, so that's what I'm going to do--let go and let lawyer. I put the RO visit idea in their court to see what they advise. If they don't oppose it, I'm doing it. I h
  9. Appreciate the responses. I have put all of the RO-level options I'm interested in in front of my attorney, but I'm confident that the path he chooses will be the best and have said I will follow his advice on the matter. I just have to wait for him to review everything and let me know which way we'll go. I'm interested in the idea of getting things done at the RO, but really only if there's a high probability it's going to get action in less than a year. I feel there's a more likely than not chance that the RO is going to spit out the same decision without much, or any, new investment in fact
  10. On asknod's recent blog post on VBMS (VBMS–THE NEW ELECTRONIC FRONTIER-PART I) he suggests visiting the RO an attempt to speak to your rater, in person: Sounds interesting, but what are the chances that (1) I'll actually get the face-to-face with the rater and (2) that I'll be escorted out of the building by VA MPs as soon as I show up asking to speak to the rater? Okay, so I'm mostly joking on #2, but really, it seems like just another one of those situations where you'll be told to shove off, there's no way, Sir! I love the idea in concept, but what is the reality of the situation? How many
  11. Damn, 25+ years? I wonder if they're going to adjust it all for inflation. My wife has also wtfo'd me about my VSO, but I gave benefit of doubt. He's a nice enough guy, but his constant discouragement might make him a hindrance more than a help. I guess I have some more thinking to do on that. Thanks again for all the wisdom. This community is the single most significant reason I have succeeded as much as I have.
  12. VSO says in-person hearing for a claim denial is 100% waste of time, that they do nothing but parrot the original decision (I'm paraphrasing), that they are not in any way obliged nor will they answer questions about specifics, and that they exist mostly just for adverse-action rebuttals. I even asked if I brought an attorney if that would change anything and he assured me it wouldn't. Wtfo... It seems nuts, but I've been surprised by the way of the VA more than once. The stage I'm in right now is original claim denial of conditions. Is an in-person hearing really as useless as my VSOs claims
  13. lmao... Well, DRO Reviews seem like they would be highly susceptible to that sort of 30-second-to-close temptation. But, a [DRO?] In-Person Hearing would have more potential for a win, no? Particularly if well prepared with organized evidence, contention arguments, and maybe even an attorney present? Can anyone confirm that one can request the in-person hearing before filing NOD? If so, is there a time limit on requesting it and is there a time constraint placed upon the VA to hold the hearing (in order to complete it prior to the 1-year NOD due date)?
  14. Thanks broncovet. I am looking to make it accurate and all inclusive of the options. The order you see options isn't necessarily the order of preference, it's in order of most available options to least. That's why I have [OPTION] next to everything, so that it's clear this is just an option you have, but could continue further whether or not it's an option. I could draw an arrow from the termination point back to the next decision to make it clearer. IIRC, CUE was the only way you could appeal a claim older than a year, which is why I put it above the "older than 1 year?" decision. N&ME i
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