I am currently rated at 40% combined and have filed for both TBI and Tinnitus (ringing in ears) three times and have been denied three times. The VA neuro tech that saw me during C&P exam stated that my getting knocked out after falling down a stairwell on a ship was not serious enough to constitute a TBI, but maybe a mild concussion, and that I show no cognitive issues now. I also have Tinnitus in both ears, and VA denied me; yet after the denial, they sent me to a VA contracted audiologist who determined that I needed hearing aids for hearing loss (minimal at certain ranges) and Tinnitus. I now wear hearing aids with Tinnitus maskers, and the VA says that it is not service connected; yet they paid for the devices....makes no sense to me.
Well my wife would disagree. I have issues sleeping, memory issues, become argumentative about not remembering and just flat out do not act the way I did in my younger days. Now I admit that some of this may be my own issue, but I truly believe that the TBI has something to do with the memory and sleep issues. Being argumentative is a bi-product of the memory and I get pissed because I cant remember things. My long term memory is not bad, but my short term is getting worse all the time.
My question is: What avenues do I have, other than filing a 4th appeal and being denied? I know I have a TBI: I can prove it occurred in service (in my medical records) and I have cognitive effects to this day.
Any advice is appreciated.