MAC64

am I missing your TBI evaluation DBQ? The doc basically says you had a TBI so where is the follow up DBQ and examination that should trigger, Duty to Assist comes to mind if they didn't give you an exam for that. GOOD QUESTION. From my understanding, I was not given an actual exam for TBI, but I have included the exam I did receive. The M.D. did not conduct an actual TBI exam. Here is the TBI C&P: Pages from C&P Exam TBI copy_Redacted.pdf Where is the doctor's explanation besides "see nexus"? The doctor did not put an "explanation". please include the missing pages 1-3 of the initial decision I am looking for the evidence list and wording. Here is the decision: Original Denial-Grant Reasons_Redacted.pdf do you have other STRs like that? I'm not sure I follow. Do you have a report or STR about the blast? date time etc? Here is the confirmed stressor filed into record by the VA. Also attached, is the order put in by the ordering official (whoever that is), directing the examiner... WHAT HAPPEN copy_Redacted.pdf TBI Order _Redacted.pdf can you get a buddy statement from that time? I have not tried with guys I deployed with, but I have a buddy letter from my partner. I appreciate your help on this.

Thank you @GeekySquid for your reply.

I have to talk this through because I understand where you all are coming from. New evidence is evidence not previously part of the actual record before agency adjudicators... So the rater did not review my records because I found STR for complaints of headaches via my c-file. Material evidence means existing evidence that, by itself or when considered with previous evidence of record, relates to an unestablished fact necessary to substantiate the claim. My understanding of this, leads me to believe the STR I have submitted with the 20-0995 would fulfill the requirement for SC. Once SC, if the effective date is this year then the argument begins for an earlier effective date. Which then raises the case for a processing error.

Thank you for taking the time to leave your insight, and wisdom.

Hello Oceanbound, thank you for your reply! I must say i read your reply a few times, and i am confused by it. Can you reiterate what you said.

Hi BRONCOVET! Yes of course, so the new STR were found in my c-file. That means the adjudicator did not see it, or ignored it. Can they do that?

BroncoVet, thank you for you reply, and that you for clarifying the 3rd requirement! That means a lot... okay, so I filed the NOD (supplemental) and STR showing sick hall visit for headaches one year after documented in service event with current diagnosis, nexus, lay and 4138. This is a 10yr old denial. Fun fact, prior to the headaches denial, I was never given a headaches C&P exam.

Hello Defenders of freedom! I have a question pertaining to this denial for headaches. The decision letter is quoted below. 3. Service connection for headaches. "We may grant service connection for a disability which began in military service or was caused by some event or experience in service. Your STRs are negative for any treatment of or diagnosis of headaches. On your post-deployment exam in 2005 you denied any headaches. On separation, you denied any headaches. VA treatment records are negative for any treatment of or diagnosis of headaches. On VA exam, the examiner stated there was no evidence of any residuals of a traumatic brain injury. We have denied service connection for headaches because the evidence of record fails to show this disability was incurred in or caused by military service." From my understanding these 3 points must be overturned to successfully win a CUE case: (1) either the correct facts, as they were known at the time, were not before the adjudicator or the statutory or regulatory provisions in existence at that time were incorrectly applied; (2) the error must be undebatable and of the sort which, had it not been made, would have manifestly changed the outcome at the time of the prior determination and (3) a determination that there was CUE must be based on the record and law that existed at the time of the prior adjudication in question. @Berta, or veterans out here who have knowledge/experience, tell me what facts you think would be needed to prove this denial for headaches was an error?

Yes ma'am! For clarity, when you say new topic do you mean re-post the same question, as a new post?

Hey Petty Officer, Thank you for your reply! I do have a question about a problem you see (So the biggest problem I can see is you just got your diagnosis of headaches.), why is my current diagnosis a problem? How do I get in touch with Ms. @Berta?

Good day good defenders of freedom! I was told to come here by my battle buddy! I am SC for: PTSD 50% Lumbar Pain 20% Tinnitus 10% R Ear Hearing Loss 0% In 2005, I was involved in another IED explosion, this time it was VBID. I was thrown off a front end loader and landed on my back. I hit my head and was disoriented, my ears were ringing, and it was difficult to focus afterwards, I was not knocked unconscious. I was helped up by a fellow soldier, and began to help. I filed for SC in 2009, and was granted SC in 2010. SC was denied for headaches and this was the denial explanation: [“We may grant service connection for a disability which began in military service or was caused by some event or experience in service. You report you have headaches occurring twice a day. They are not precipitated by anything in particular although you do report some light sensitivity. The headaches are in the frontal area of the head. You take aspirin for the headaches. Your STRs are negative for any treatment of or diagnosis of headaches. On your post-deployment exam in 2005 you denied any headaches. On separation, you denied any headaches. VA treatment records are negative for any treatment of or diagnosis of headaches. On VA exam, the examiner stated there was no evidence of any residuals of a traumatic brain injury. We have denied service connection for headaches because the evidence of record fails to show this disability was incurred in or caused by military service.”] *15 days prior PTSD C&P Exam: Examiner stated: Medical History- “veteran endorsed that his ears were ringing, he had dizziness, and had poor concentration afterward this blast.” STR from 2006 show complaint of headaches and other symptoms associated with sickness. Documented complaints from 2006-2018 of TBI residuals via psychological sessions and physical therapy sessions via VAMC. Current diagnosis of Migraine headaches 2019. The original 2010 denial was not appealed and this will be my first time challenging it. Do I have a case for CUE based on the unmistakable face the TBI examiner did not review STR and, OR the PTSD C&P Exam?