lugnut

PR: If we had known then, what we Know now! Just think of the difference it would have made.Retro checks would have been smaller, we would have been awarded much sooner. Information and Education is POWER. We Old Dogs need all we can get.

Happy New Year

Semper Fi

Gastone

I got whacked in the head while in the service and lost consciousness. Several months later my military medical records I was being treated for chronic headaches with migraine like symptoms though the medication I received looked like it was for tension headaches. Last military records shows me complaining of a dull headache.

That was 1983. I never knew about applying for anything with the VA and for the past 30 years I’ve been seeing civilian doctors for chronic headaches, memory loss, insomnia, but mainly for the bad headaches. A CT scan showed a brain cyst on the left side and I’m currently still being treated.

Should I be looking at this as a TBI? I did apply for compensation for the chronic headaches but I got denied as they said there was no current diagnosis so I was wondering if I labeled it wrong.

I just wish someone would give an honest answer instead of making
stuff up & changing it on the fly. They should just tell people " We
don't have a clue what is going on with your claim !"

Has anyone had luck with walking into the VARO and asking to view their cfile?

Thank you for the reply carlie, below is exactly what the letter states,

Traumatic brain injury (TBI)
Service connection may be granted for a disability which began in military service or was caused by some even or experience in service. Service connection for traumatic brain injury (TBI) is denied because the medical evidence of record fails to show that this disability has been clinically diagnosed. Upon examination on May 3, 2014 the examiner found that you do not meet the criteria for a diagnosis of TBI. With your receipt of the Combat Action Badge we requested the VA examination and asked the examiner to opine on the connection of any TBI diagnosis with the acknowledged events leading to your Combat medal. No diagnosis was found, therefore, service connection for traumatic brain injury (TBI) is denied.
Headaches
Service connection may be granted for a disease or injury which resulted from a service connection disability or was aggravated thereby. The evidence does not show that traumatic brain injury (TBI) is related to service. Therefore, service connections for headaches on a secondary basis to this condition cannot be established. There is no evidence showing headaches was incurred in or aggravated by military service. Also, I called VA to ask what this ment. I was told something about without a TBI diagnosis the examiner could not say I had TBI. I am totally comfused. I was told that the combat action badge (that i recieved for the IED attack) did not state what it was for. I sent in my DA Form 638 that states I was involved in an IED, but after reveiwing the list of evidence considered DA Form 638 was not listed. I am 100% sure I included it when I sent in my packet. I have requested the C&P exam notes and will be requesting my C-file. I have already set up an appointment with a private neurologist for next week. I plan on appealing the desicion and sending in a DBQ and Nexus letter.

Thank you for your reply Navywife. Yes have been denied. I started a topic called post concussion syndrome vs tbi. I need to put a game together for an appeal. Once again thank you.

Thought for Tbi but for depression and anxiety secondary to hearing loss and tinitus.

The fight continues for tbi

I have a mental health c@p in one week!!!!!

Hey, I give God all the credit.

If it was not for VA forcing me to try to understand the cfr 38 I would be lost.

I try to help as many veterans as I can.

Had a friend come see me about his Non Combat PTSD VA claim that kept being denied for six years.

So he ask me to look over his paper work to see what else he could do before he gave up. So with a little help from me, he filed one more time and with-in nine months he was awarded 70%. He then filed for TDIU and he just called and told me that VA granted his TDIU. I know this is not my claim but I am so happy for him and his family. If I could I would be doing a happy dance for them.

Never Give Up.

Pete

Six years of VA playing games with his claim and now with-in two years he is 100% TDIU. I love to hear great news.

I got a call today from the temple va, saying I had a cp exam this friday, I wasnt mailed any prior notice. Had I not heard the message on the phone I would have surely missed this appt,. Its like the ROS hope you miss it so they can deny. 4 days notice, is not fair. and I think a mailed notice would have been more appropriate as well.

Hi Warren. Ive had hearing aids since 21 years old.

If your speech discrimination test shows 50% for both ears this is far from minimal hearing loss. This is actually profound hearing loss.

To give you a good idea......if your scores are 30% or below for understandinf speech then you can qualify for social security disability pay.

Back in 2004 my speech understanding scores were in the 80 to 90% range. This got me 0% from the Va.

In 2008 my scores were in the 70 to 80% range. This got me 20% from the VA.

In 2011 my scores were in the 60 to 70% range. This got me 30% from the VA.

My recent test in 2014 is in the 45 to 55 range for speech understanding. Im expecting 40 to 50% from the VA.

I also...like most people with hearing loss. Have tinitus. This is an addittional 10%.


So basically what Im trying to tell you is that if your your hearing loss is due to the military and can be service connected for VA compensation....

Including tinitus your looking at somewhere between 30 to 60 % compensation. Were talking 400 to 1000 bucks a month.

Id defiently put a claim in

You will have to write louder. I can't hear you typing.

I requested my C-File. I got about half of it. I only found out when I went to BVA Hearing and saw the BVA judge had about twice as many documents from my file as I did. If you get to view your C-file and want them to make a few copies for you they will often do this for you. They did it for me, and my VARO is CHEAP.

WELL HERES THE PROBLEM. Being we are now in appeals status against the RO, we shouldnt have to call the RO and beg them to peal off records for us. They should be kept in a neutral area, like the nprc, so they can be easily accessed by the veteran. The veteran should have unfettered access to thier records at all times.
WHY does the RO need to sit on the records? shouldnt they already have everything in thier C-FILE that they used to DENY?
Also it would seem that the RO S should have enough on thier plates already, with the ridiculous backlog, and storing and keeping up with records would not be on thier task list.

The thing about a letter is: we have many posts of vets with clear evidence in their notes that was missed or ignored by raters causing them denials, delays and grief.

So- leave nothing to chance. hold your doc's feet to the fire for a conclusion using the info provided here.

If they won't do it, go to the patient advocate, hospital director and the IG insisting you want a denial in writing.

These VA providers suffer from a common ailment at the VA...."Lack of Guts" disease. However, if they are new on the team the VA will get rid of them if they go against the unwritten policy. I had a pain doctor who went against the VA's plan. He prescribed Fentanyl Patch for me. This drug is expensive. He got fired or transferred. A few years ago I had a Russian doctor for a PCP. She would write great letters for me. She got kicked upstairs. Now I have routine VA doctor who will not stick her neck out one inch. I don't even bother to ask anymore.

The Russian doctor had access to a IME type application on her VA computer that would generate the most beautiful letter you ever read to make secondary connections. That App. must have been deleted.

John

Unfortunately that is the truth. They fall under this dilemma. Who is paying them? I have to say though at least he or she told you. That give's you a means to find and outside medical opinion, however, if it was written down on record and you have a copy of it, hmm I dare say that is a good " IN YOUR FACE" piece of evidence. Folks they can only ignore and break the law if you let them. Fight! We have tools. We have knowledge. We as veterans are not taking handouts or concessions. We are entitled to benefits according to law and regulation for the sacrifices we made for this country. REMEMBER this. It will motivate you to pursue what you are rightfully entitled to. Be precise for what you claim and have the supporting documentation to back it up. Don't ask for little things that you know are not due to your service. that can't be proven. It questions your character and they will exploit that even if you weren't meaning to. JMO

If you're lucky and get referred to an outside source they may be more receptive to writing as letter;

My non-VA neurologist was supportive and wrote one for me, although her first draft did not use correct verbiage.

Don't leave it to chance; give them an example of the specific wording necessary to make a difference. Otherwise a seemingly supportive letter can be worthless as evidentiary value.

Be clear that you're not trying to put words in their mouth but that certain elements need to be present or the document is of no help.

Good luck!

Also, consider that the VARO may request records from your providers within the VA system through the VA system. Not directly, but through their notes in your file. I've downloaded my notes, etc. and am amazed that they are pretty much verbatim of what was discussed in the office, a review of my history, etc. I have found no real discrepancies.

I disagree somewhat with OPs. Please read the following VA Directives. You can Google both. I can see a problem with the time it takes to fill out a DBQ as they are sometimes extensive.

VHA DIRECTIVE 2008-071
October 29, 2008

d. Medical Statements to Support VA Benefits Claims. When honoring requests for medical statements by veterans for VA claims adjudication, care must be taken to avoid conflict of interest or ambiguity.
(1) Determination of causality and disability ratings for VA benefits is exclusively a function of the Veterans Benefits Administration (VBA). VHA providers often do not have access to military medical records, and may not be familiar with all the health issues specific to military service, such as environmental exposure. As a result, they may not feel comfortable in stating causality of a current condition. However, this does not preclude VHA providers from recording any observations on the current medical status of the veteran found in the medical record, including their current functional status. All pertinent medical records must be available for review by VBA. NOTE: VHA continues to provide compensation and pension (C&P) examinations and reports as requested by VBA, as part of any new disability claims or review process.

VHA DIRECTIVE 2013-002

(a) A “no wrong door” philosophy must be adopted to accommodate Veterans bringing a DBQ to a VHA facility. Veterans may ask their Primary Care Providers (PCPs) and Specialists to complete a DBQ for conditions which are already diagnosed and documented and for which the PCP or Specialist is treating the Veteran. DBQs can be completed during a routine office visit when there is sufficient time and the medical information is available. DBQs can also be completed outside of an office visit, or an appointment can be scheduled for completion. A DBQ completed by a PCP or Specialist is considered by VBA as medical evidence to support the Veteran’s claim.

The emphasis in both citations is mine.

I have requested and received both of these. The doctor refusing on "conflict of interest ground" is, in a word--WRONG.

Take a copy of these Directives with you. I would give a lot of thought before forcing a doctor to comply. You could very well piss them off; and pissing off someone you are asking to do something on your behalf--provide a statement or DBQ favorable to your claim--may not be the best tactic and may backfire. Possibly the proper sequence is to request him/her for him or her to fill out the DBQ; and if you run into resistance settle for a comprehensive statement in your VA medical records. Another is to fill out the DBQ or write out the statement yourself based on your knowledge of your conditions/treatment/medications and your medical records; and then ask your provider to edit and sign it. I would have copies of pages from your medical records showing each treatment, procedure, diagnosis, prescription, etc. to say him time. I would also explain--"less likely", "at least as likely", and "more likely"
as not.

I hope you prevail.

I think a lot of our problems as veterans has to do with the mentality that was instilled in us when we were in service. Ignore the pain do what's necessary to get the mission accomplished at whatever costs and sacrifice. Our biggest ethical strong point is our greatest weakness. Don't push it. Don't put yourself in a wheel chair because of arragonce or pride, it's not worth it. I have come to terms with my situation and I know how I neeed to live my life from now on to live to an old man and be thankful for what I still have. JMHO.

The VARO will deep-six evidence only if it is positive toward the Veteran. If there is something wrong with an IMO/IME then they would gladly list it as evidence and flaunt it as the basis for a denial in a proverbial heartbeat. Notice how the timelines are always against the Veteran and the VA takes as long as they want too? IMHO if the VA doesn't start granting more claims sooner then they are finished as a Federal Agency. Non-adversarial means that we don't get a firing squad just for applying for benefits. The VA's "ex-parte" system amounts to a denial or low ball decision along with a take it or leave it attitude. Waiting 5-10 years for any semblance of justice on appeal is abominable, and has nothing to do with the US constitution. Their idea of justice is to let the appeals languish so long that many appeals will just fall to the wayside for one reason or another. Some Vets get just ratings sooner than later but most Vets don't win the VA lotto. In the mean time the VA continues their shell game.

Personally I have made the decision to get an IMO. If this fails then and IME. My point though or rather concern is this. If they ignore evidence, whether, in service medical records or private like mine, 15 7/8" thick all records. Why would they even acknowledge an IMO/IME? It seems to me, from what I ve read in the forums you only have a slight chance of getting this corrected at BVA or CAVC level, at times even worse, when it goes to the mighty Supreme Court.

I am a little disturbed, but I can't help getting the image of seeing myself holding a 9mm to a rater's face and stating that you will adjudicate the claim by regulation, law and ALL the evidence. Im meaning this to be metaphorical but now and again I think about it.

I know I'm pushing the envelope here a bit and letting some of my monsters out, however, am I really that far off the mark? I know this is the game now, but does it really have to be like this.

Anyways, I believe that truth will prevail eventually. An IME/IMO is expensive. I am using one now and have sent records to a records review agency to consolidate my file. I decided to use Dr. Ellis. He is here local and more often than not has had positive results. I will say it is expensive. 15" or so of records. So I urge vets, that once they have a claim won and have a nice chunk of compensation to save the money for an IME/IMO. You will get lowballed and you will need the ammunition to counter the BS that the VA decision makers hand out. If there is such a thing as handout. I've given heart and soul to this country and I only ask that they take care of me in return for the service I provided. It is the only just thing to do. No amount of money will make me whole again, however, it can help the difficulties that I will face for the rest of my days.