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About Tommywvivid

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    E-3 Seaman

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  1. Hello Berta,

    I hope you are well,  Its been, I believe since March 15 that I've used this website I just wanted to fill u in and give you the latest info.  when I contacted Allison Hickey, i was then immediately contacted by the Director of the san diego Regional office who promised that my claim is priority number 1, probably because of the VA screw up, having not only mixed my SMRs with another veteran but mailing his entire file to me... Also I wanted to know what the status of my TBI appeal, well, here's where it gets interesting, in 3 weeks I went from 50% ssc to 100% temp.  case closed, according to the VBO who did my case, I suppose the VA thought that would solve it, What i did was ask my VBO about the TBI claim, he said , oh dont worry that's still ongoing, since 2012 the dates have changed several times as to when the appeal was started and no status? Pending decision approval for 6 months..I recently had a family emergency and looking for ways to handle how to find ways to pay for this, I inquired to my American Legion Rep. who told me , "oh, by the way i forgot to inform you  to to send in this form by july 1st to proceed to the next step... this was August 27 15.  Upset, I wrote Allison Hickey really feeling the ball was dropped once again.  Early the next morning, again the director of the san diego Ro, text me and said , again this is a priority for my staff.. shortly after that a woman Ellana the Congressional Liaison for the VA says she going to go over my entire file and see what's going on. She asked what my goal or intention was and I told her about my TBI claim...Now, i have a problem remembering things and things i wanna say i forget till i get off the phone, but basically i told her that this claim has been denied from the get go by 2 things, the first time, they could not locate my records anywhere, the Army ER at womack hosp had no records. even though I specifically remember i made a report with the MPs that report i was told they keep those reports for 40yrs in the system, and #2, I have missing documents from my file, no Mp report, No womack army hospital record no unit medical record and no log book from the approx. date... Now the problem is I only have an estimated date range don't know the exact date because they cant find any record of this happening. Another very key piece of evidence missing is my exit physical exam, which i'm positive I took and mentioned this assault that left me these scars...they aren't reported on my entrance exam, as they would have been, But on top of ALL of that It was mention to get buddy statements...I have 5 witnesses that wrote statements 3 are now retired SFC's and 2 are direct eyewitnesses to the event 1, took me to the er, the other was on CQ that night and picked me up from the E.R., During the process of my claim being reviewed, the VBO working on that even called to verify his statement, but because those 5 individuals cant remember the exact date, their statements were said to be " not credible...

    After said all that, I spoke with Elena on fri. she told me once again she denied my appeal because there is no medical evidence except for an MRI that shoes damage and a report from my Neurologist stating that he believes I suffered a TBI in or around 1994. She also mentioned that the original claim was for headaches, the next time the reason was a head injury then in 2004 in it was a TBI. and finally the first veteran officer helping me with my claim actually combined the head injury claim in i opened in 2010, cuz i was homeless in 2004 when the first claim was opened and i didn't even know really about the process and i couldn't receive mail cuz i was homeless, so I have 2 claims and she accidentally combined them. When in Feb 2015 the granted me 100% PTSD, a new claim was opened saying Headaches and TBI. 

    I want to be paid all the way back to 2004 when I originally filed and was denied because they couldn't locate me record, who knows when Raymond Swears records were mixed with mine and misplaced, it could have been then, but still a mistake was made at no fault of my own and i have evidence from the statements and dr.s evidence and record as early as 2003 when i first complained... I wsee Elana on tues and I know What MY course of action should be. any comments or suggestions are truly greatly appreciated!

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