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Found 4 results

  1. Greetings, I was diagnosed with epilepsy this year after a seizure which resulted in two broken shoulders. I have been considering filing a claim for epilepsy. While I do have a EEG confirming the epilepsy, I do not have any army medical records indicating seizures. However, I did have a partial seizure 2 months after I returned from Afghanistan in 2010. I was just unaware that I had experienced one. I thought it was something else. I am wondering if I would have an uphill battle trying to prove that I actually had a partial seizure while on Active Duty. My condition is now stable- and I am no longer having seizures. Thankfully. My other concern is whether the VA would attempt to come after my license via DOT due to my condition. I have cleared my ability to drive with my neurologist. He believes my condition has stabilized to the point where he believes I will never again have another seizure. I was rated at 10% for a TBI. I'm wondering if a secondary claim against my TBI would be more appropriate. Thanks in advance.
  2. Are you having trouble with a TDIU claim, TBI claim or any old claim that was never developed or decided? I posted this earlier on Tbird's question, "Unemployability and Working in a Sheltered Environment...?" Just received an example of this in a decision by the Executive Director, Compensation Service which I will attach after redacting. My part time employment from September 1987 to September of 1990 consisted of working for a CPA business manager of a now deceased movie star. (Egg and I actor as a hint). The job was a 20 hour per week job by the previous employee which I couldn't keep up putting in more than 40 hours a week. I'll also attach a copy of my employer's May 7, 1990 statement. The job paid more than poverty level. These documents should help clarify to any who have a question about this subject. I'll also start my own question where I can answer questions about how I got to this point. Now I'm just waiting for a $500,000 plus check. A lot of years in abject poverty under the bridge but I'm now in a nice home which will be fully paid for and I'm having a Japanese spa bath put in in the basement. Feels good but was a miserable live from 1974 to 2017. Hasn't been bad since I turned 76 in 2017. Now, at 79, it is even better. Still the issue of temporal lobe epilepsy (TLE) to go but it is more an act of activism since additional compensation doesn't mean much to me. I don't want those with similar organic brain syndromes to mine left behind on that paper trail. TLE is difficult to identify and identification is complicated by the victim being unconscious of the symptoms. We are thought of as being "drifty", absent minded, procrastinators (from enervations), etc. and no one connects it to our TBI and advises us or gives us a consult to a neurologist for epilepsy evaluation. Look up that $100 dollar word, "enervation". If you've had a TBI, especially if caused by near by blast concussion or repetitive outgoing heavy artillery (not me, mine was focal left temporal lobe) or p. falciparum malaria, you need to ask your family and friends if you are a little drifty or inattentive at times. If you've had Motor Vehicle accidents that you blamed on the other guy but it could have been your inattentiveness this is hard evidence. If you had malaria and have any of the symptoms I listed, contact me through this board. Compensation for those victims is the last goal of my life. At 79, I don't have too many more years to work on it. Also, if you have a TBI award post 2008 for a TBI years before contact me. I filed a case in 1988 in district court as a next of friend making a claim for you that has never been developed. Same case as my TDIU. An award to me would be moot because my new TDIU award goes back to 1985. But we may be able to get that Executive Director, Compensation services to take our TBI awards back at least as far as my claim but possibly all the way back to when the symptoms first interfered with our employability. I was finally treated for my TLE in August of 2015 and all symptoms are in remission. I was confirmed to have TLE in September of 1990 but mistreated with Tegretol which should never have been used for the diagnosis of "atypical absence seizures" and because I had a recorded sensitivity to amitriptyline per the 1990 PDR and every PDR after that to date. Subsequently, I was diagnosed as having "pseudo seizures" which too many read as being a malingerer. At 79, I'm more employable now than I was at 35. But I lost my most employable years to a 3.154 1151 treatment. It is on my NOD of 01/08/2018 and the claim it is on. I'll keep everyone posted on its development. 3526-3527 19900507 Al Marsella Stmt_Redacted.pdf 20200408 - TDIU Review - Admin Opinion_Redacted.pdf
  3. Hi there, Recently actually yesterday the 21st of February the VA gave me notice that my supplemental claim had been decided and that they had sent out the letter that morning as well (meaning the decision was actually made on the 20th). This of course prompted me to check Ebenefits, where I saw no change in my rating. I'm currently rated at 40% for other issues. And in the past Ebenefits updated almost instantly leading me to believe that this supplemental claim was denied. I originally submitted my Epilepsy claim back in august, it was denied about 4 months later due to conflicting phraseology given by one of my doctors (mind you i still have a diagnoses of Epilepsy with 15 witnessed Grand Mal seizures at this point). Once i got the original decision letter I contacted my County VSO's office and set up an appointment. After they reviewed everything they we surprised that my claim was denied as it has a clear nexus and on top of that falls under the conditions; that if they manifest within a year its considered service connected (I separated 02/01/2019, first seizure onset was 05/25/2019). They did review the 112 pages of evidence from my civilian doctors and did see the conflicting phraseology. They told me that if I could get my Neurologist to just confirm my diagnoses and say i was and have been under treatment since 05/25/2019 that we could submit a supplemental claim since that's the fastest route. So that's what we did. That brings us to now. Under the standards for Epilepsy I was looking at a single rating of anything between 80%-100%. An 80% from 40% would have resulted in something Close to 90%. While i'm holding out, since in either case the retro pay (if my claim was awarded) would be greater then 20K that the additional signatures required are slowing down Ebenefits from updating, but as in most cases if the letter has sent and Ebenfits doesn't updated, 90% of the time you Claim/Supplemental/Appeal is denied. ( I mean correct me if I'm wrong). Whats the moral of the story? No matter how much evidence you have to support you the VA will be the VA. I'm lucky that I'm rated for other conditions so that I can at least have the VA help me cut down on the costs of treatment for Epilepsy, but it would have been nice to have it service connected so that I wouldn't have to wait months on months for Neurology appointments since I don't have priority. If any one has any information for me that might help moving forward, I'm all ears as once my letter is received and upon reading of the denial ill be filling an appeal.
  4. Many people will say this isn't possible, but I can honestly say yes due to the fact I had to move to anouther state and my records are still in possesion of the state processing my claim, even after enrolling in the new states VAMC system. I have been prescribed dilantin and depakote for seizures and resulting mood disorders for 8 years since diagnosis on EEG.I have a SC TBI awarded, and have severe epilepsy and psychiatric disorder diagnosed as a result by the VA. My claim is still being processed (3yrs so far) to have the Epilepsy added. The neurologist at the VAMC have diagnosed the seizures as a result after abnormal MRI. The VARO has ruled the Psychiatric disorder as secondary to epilepsy but ruled the epilepsy was not a result of the SC TBI I was retired for. The VA has reported me to DMV and I have lost driving privledges, after multiple injuries,concussions and requiring stitches from seizures. I appealed through DAV but they aren't effective. Contacted Congressmen and sent copy of records all they did was send letter of inquirery. Hired an attorney but since she gets paid on % of back pay she is content to drag it out as long as possible. I'm not worried so much about the claim anymore I just want Medication and therapy recontinued for now. Is their someone else I can contact? OIG? will the OIG even help or do they even bother, patient advocates have said the New VAMC here needs records to prescibe meds and appts. Had to relocate because severe financial loss due to loss of driving privledges and my new state VARO sent c-file back to prior state until it has been processed, and said they don't want to process here as I will recieve 3-4 yrs back pay, new VAMC has enrolled me but denied medication until my records are sent back, its been 11 months with no seizure meds and enrollment in tricare is waiting to recieve C-file. I also filed for general unemployability but VA says they aren't going to process that until my appeal is processed. I called the prior state of residence and told them I am not recieving meds because my new state is waiting for them to process and resend my C-file. They told me to withdrawl my original 3-4 yr old claim and file new one in SC and they will send records and my care resumed. Attorney says that will forfiet back pay. How do I get treatment resumed and who do I contact?Who do you contact if you have a SC TBI awarded, and have severe epilepsy and your claim is still being processed (3yrs so far) to speed up getting the Epilepsy added. The neurologist at the VAMC have diagnosed the seizures as a result after abnormal MRI. The VA has reported me to DMV and I have lost driving privledges, appealed through DAV but they aren't effective. Contacted Congressmen and sent copy of records all they did was send letter of inquirery. Hired an attorney but since she gets paid on % of back pay she is content to drag it out as long as possible. Is their someone else? OIG? will the OIG even help or do they even bother. Had to relocate because severe financial loss due to loss of driving privledges and my new state VARO sent c-file back to prior state until it has been processed, and said they don't want to process here as I will recieve 3-4 yrs back pay, new VAMC has enrolled me but denied medication until my records are sent back, its been 11 months with no seizure meds and enrollment in tricare is waiting to recieve C-file. I also filed for general unemployability but VA says they aren't going to process that until my appeal is processed. I called the prior state of residence and told them I am not recieving meds because my new state is waiting for them to process and resend my C-file. They told me to withdrawl my original 3-4 yr old claim and file new one in SC and they will send records and my care resumed. Attorney says that will forfiet back pay. How do I get treatment resumed and who do I contact?
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