Bluntly

Thanks so much for this info as it’s gladly appreciated. As of now I’m still waiting to hear back from my representative and thanks a lot for your time, I will update back once all is finally over with.

Greetings, Hadit family I’m currently still in the fight with the Va and have 4 appeals at the BVA awaiting an hearing. I applied for the motion in February of this year and it’s been crickets since. I started calling this month to inquire about it and keep getting the same generic answers. So today a nice lady finally was able to shed some light on it and said it’s currently waiting for a hearing to be scheduled, as it’s with the BVA hearing administrators. She said that’s a good sign but idk since no decision been made yet to grant the motion. Anyone else been in a similar situation? Or what else can I do on my end? And what to look out for etc. Would I hear about my hearing being scheduled first? Or would I hear about my motion being granted first? Thanks for the your time & responses P.S. I have an attorney but haven’t heard back yet in regards to this.

Greetings, Any updates with this? Because I’m going thru this now. I filed a supplemental for earlier effective dates for my ptsd/tbi ratings. The decision came Nov. 9 2023 and in the decision letter it added a claim I never claimed, also left out a claim that I wanted to claim. They left off my earlier effective date for tbi and decided to put tdiu which both was denied(ptsd & tdiu ED’s). I called Peggy the following morning and they put in a request to have it reopen because they clearly see what I claimed on the form. They didn’t know why it was put in I’m challenging my tdiu effective date when it’s nowhere on the form. I was informed to give them 30 days to decide this and to be waiting on another decision letter. Best of luck on your journey and thanks for the time.

@Dot09 I chosed the supplemental route to address my issues. Currently preparation for decision phase, as I’ll post back with an update on completion.

@broncovet I appreciate the insight as always. I had a talk with DAV today for over 30 mins and he couldn’t identify the evidence that VA was talking about at all. I called the 1800# and was advised to just resubmit my claim as supplemental since they have the evidence that wasn’t considered already. She didn’t know also of this so called evidence they’re talking about. So I’m going to give it one more try before I take it to the board, as we know going to the BVA will take some years before my case can be heard. I just feel like I’m being set up for another denial since I can’t identify the actual evidence that is needed in a supplemental claim. I’ll post back once I get all this situated and Semper Fi to all continuing the fight with the VA. Lol it’s kind of ironic that I served 4 years and been to combat a couple times but been fighting the VA longer going on 8 years.

UPDATE: The BVA is where i will have to go again. Ptsd is continued at 70, tbi continued at 10 and kept it combined with the ptsd. Also effective date denied for the tbi, Smc S wasn’t mentioned even tho I brought it up during my conference. She said she’ll look into, so I’m confused on what this means: ”The evidentiary record closed as of the date of notice of our prior decision. VA received additional evidence after the record closed that was not considered as part of this decision. If you would like VA to consider this evidence, you may submit a supplemental claim at any time; however, VA must receive your application within one year of the date of notice of this decision to preserve your right to receive the maximum possible benefit. The evidentiary record in a higher-level review is limited to the evidence of record as of the date the agency of original jurisdiction issued notice of the prior decision under review. The higher- level adjudicator may not consider additional evidence. Therefore, VA will only consider evidence received by the VA prior to or on March 27, 2023 for rhinitis. Further, VA will only consider evidence received by VA prior to or on May 16, 2023 for post traumatic stress disorder (PTSD) with traumatic brain injury.“ I’m confused because idk what evidence they’re talking about that was not considered because it was received after the date of decision. I’ll give the DAV a call on Monday to see about this so called evidence that wasn’t considered at the time.

Thanks a lot to everyone as I’m in pending final review. I mentioned this in my HLR informal conference. I’d asked did Bradley vs Peake apply here? because of my current rating and she said she’ll look into it for me. The conference was held August 23rd and pending final review that 29th. So we’ll see the results real soon and I’ll update once it’s completed. *Edit: updated to preparation for notification as of yesterday. No letter generated yet, or changes in ratings.

Appreciate your support as always and I filed a supplemental claim for the headaches because it wasn’t addressed in my ptsd/tbi appeal. Then once the supplemental claim was completed, that exam still wasn’t listed as evidence. Which is why I’m trying the HLR to see if it was an error on their part. I’m on it! Which is why I filed the HLR to appeal the rating and effective date. Hopefully something goes in my favor as it’s still in pending decision approval. My effective date I believe should be my date of discharge, as the BVA clearly recognized the first diagnosis of a tbi in my STR’s. Also in the letter it addressed my combined percentages for ptsd/tbi and said it didn’t change my overall percentage. I get that part of not changing because it was only 10% but the letter only addresses the right now. It doesn’t speak of that 10% being added to my ptsd at the time when it was at 30%. Now if they combined the tbi then with the ptsd, I believe it would result in a change. The letter just doesn’t address the issue of the combination back then only of the right now. I appreciate your time and insights as always and once this HLR is over I’ll update you then, hopefully not that much longer, should be any day now.

Greetings Hadit Family, Back with an update and a couple questions to follow of course. So my supplemental claim for headaches at 0% are continued, I appealed and as I type or speak lol a HLR is where I’m going this time in regards to my headaches. What’s crazy about this is they listed all the evidence from when I got out til now, but that Qtc exam I attended to in March of this year, that’s the one I keep saying is missing. In regards to my HLR for ptsd/tbi it’s been in pending decision approval as of last week and this my second week from having my informal conference. I’m real skeptical about this one because they denied the increase for headaches, so I’ll post back when this HLR is over with. Now to the question, when I first decided to stay in the fight with the VA, my first claim was tbi. In the process of waiting I learned I can put in for increases for my other disabilities and I did. My tbi claim was submitted 7-11-2016 and my increase for ptsd was submitted on 11-16-2016. I became TDIU from my ptsd alone, which is rated at 70%, I am now service connected for the tbi at 10% as of this year and dated back to my original filing date 7-11-2016. They combined the two and this didn’t change my rating, it stayed at 70%. Now from 7/11/2016-11/15/2016 my rating was 50%, being that they combined the two should there be a difference in percentage or pay for the 4 months in between? Also even tho they continued my headache rating at 0%, they changed my effective date to date of claim 5-16-23, why? When my effective date before was 06-21-2009, which was my exit date.

Updated again this evening to pending final review which I would assume that’s the pending decision approval phase.

Appreciate the feedback as always. This just felt like a strategic move on the Va behalf to leave it out. But I’m glad to know I did right by requesting an increase while still waiting for the HLR. Which seems like the increase maybe decided before the HLR.

Just following up with an update as of today my supplemental claim for increase headaches changed this morning to preparation for decision. I guess people do work on weekends lol it stayed at the development phase for well over a month. Hopefully I can check back with y’all next week with the good news, I hope y’all continue to enjoy & have a great weekend. Peace & Love Semper Fi!!!

Thanks again for your time and reply. I just hope I can address it on my higher level review because it wasn’t an option for me to appeal my headaches. Which is why I put in for an increase in the supplemental lane. As I said before it wasn’t written in my decision letter so when I put in for the Higher level review headaches wasn’t an option to appeal but others were. Hopefully it can get address because I believe it’s within the scope of the same claim even tho it wasn’t addressed in my application. I have no problem returning to the BVA because that’s where I feel I get my justice. Semper Fi to All and enjoy the rest of the day.

Greetings to all and hope all is well. Recently I’ve been granted service connection for tbi from the BVA this year and had to attend 3 exams after. All 3 was in regards to my tbi which the exams were for ptsd, tbi, & migraines. After all my evaluations the VA decided to combine my tbi with ptsd which didn’t change my overall % and only gave me 10% for tbi. When I read my letter it only mentioned 2 exams and not the one for migraines, why are the residuals of tbi which are migraines missing from the letter? It’s not even mentioned or anything and only talks about tbi & ptsd. To be proactive I decided to of course appeal and put in for a higher level review. It’s a list of things I disagree with but the one that’s confusing me is the missing exam. I believe I should have a new rating for headaches just like they did with the ptsd/tbi. As it stands I’m 0% for headaches and been like that since I got out in 2009. It’s like they sent me to an exam for no reason and I don’t get it. Had this happened to anyone? I had to do the supplemental route for increase on my headaches a couple months ago. Just felt like that was unnecessary when I should have a new rating for it when they decided to combine my ptsd/tbi. Still waiting on a decision for the increase & the higher level review, thanks for listening as any insights or replies are appreciated.

I really appreciate your reply and insight as I believe SMC S also should be my rating. I just got off the phone with the 1800# and was informed that the headaches are still open and I’ll get another decision in the mail in the near future. I was just confused on how this wasn’t rated altogether but now I’ll wait for those results before I move forward. Thanks again for your time