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I am looking for a little advice on how to proceed with my current claim. After several years of TBI treatment with the local VA hospital, I filed for a TBI claim. I am still awaiting the decision but just received my C-File that I requested a few months ago. From what I can tell, my DBQ DR did a horrible job and I am going to get underrated when the final decision comes. I was in and out within 25 minutes and no testing was performed. Once I told the DR that I had already done Neuropsych testing with the VA hospital the exam ended shortly after. When viewing my C-File and the record of the TBI DBQ exam I noticed that the DR service connected my TBI but didn't accurately record the symptoms identified in the Neuropsych exam. The DR just cut and pasted the Neuropsych summary but missed some ptretty big details from the rest of the report. My DBQ DR listed my TBI symptoms as; - Memory, attention, concentration, executive functions - A complaint of mild memory loss (such as having difficulty following a conversation, recalling recent conversations, remembering names of new acquaintances, or finding words, or often misplacing items), attention, concentration, or executive functions, but without objective evidence on testing. - Motor activity (with intact motor and sensory system) - Motor activity normal - Visual spatial orientation - Normal These results were drastically different from my neuropsych exam which listed the following issues; My neuropsych exam listed severe impairment of several memory functions, processing speed, visual spatial orientation. It also listed mild impairment of motor functioning. I am not able to cut and paste the records I have for the Neuyropsych so I can't give the full report without showing my name. Does anyone have experience with a DBQ that is different from VA treatment records? What should my next steps be? Should i do a higher level review? Hire an appeal lawyer?
I just filed a petition for a Writ of Certiorari to SCOTUS on the "Feres Doctrine" which is used to deny veterans access to evidence and tort claims. No jury trier of fact. The BVA is unable to order evidence be made available to claimants. The DVA thumbs its nose, as it did in my case, at the RBA disputes lodged under the rules to obtain evidence. The Circuit Courts won't get involved because of the Feres Doctrine while expressing concerns about the Feres Doctrine's Constitutionality. Petition was mailed Saturday. Don't know how long it will take to get an answer but only 1% get heard by the Supreme Court (SCOTUS). Have a much better chance at it this time than when I attempted in 1989. I shelled out more than $1,000.00 in printing and mailing 45 copies (143 pg.) to SCOTUS and 1 copy each to 10 interest parties this time. Big gamble on my part. Need to publicize it. Is there a Journalist on board? Search Bray v United States at SCOTUS (new petition) in a week or so. Bray v United states at the 10th Circuit, #18-8051, in a couple of days should have the SCOTUS petition posted on PACER. Also submitted a pre-decision copy to the Court of Veterans Claims (CAVC) which should post to the docket of Bray v Wilkie, #17-2990. Is anyone interested in joining? Does anyone know a law school that might take it up? I'm self represented because it is extremely difficult to get an attorney because of the Feres Doctrine.
Vets: Well, I'm running out of time to finish my NOD, was unable to get the IMO/IME's from Dr. Ellis. after arguing with my wife (who is already spending my retro) about the money to go which is short-sighted, I ran out of time and my C-File never showed up? The good news is that my earlier exhaustive efforts got me to 90% but the push to 100% has been difficult -at best. Now, I'm going to have to take what I already have SC for and work to get a change or increase to 20% more. Several of my contentions are at the 0% and 10% SC range and there may be room to move up to the next level on several. So, now, I need to pull everything out again to review what it takes to get to some of these or at least 2 contentions moved up to the next level. The good news is that although I don't have IMOs/IMEs, I do have some new evidence that would help me. Unfortunately, I have a lot of contentions that were low-balled and think, I can support an increase with new evidence. At this point, I was lowballed on my TBI at 10% because the TBI examiner said that there was not enough evidence beyond my own descriptions or indications that my work has suffered due to my TBI? So, I was thinking that I would go back and get statements from my former and current supervisor about my work memory and concentration issues that they have noted? I had several incidents at work over the years where it was difficult for me to complete projects on time due to my cognitive and memory issues. Also, although I was SC for Hypertensive Heart Disease, again they only gave me 10% because they said that I did not have chest pain, angina, and shortness of breath. Although, I reported this all during my CP exam, the clerk put just the opposite in the report anyway, even though I wrote those conditions plainly on the pre-exam form, it was not entered into the system...properly... So in terms of overall advice ...should I just ask for a DRO review or just submit a NOD package...? Godspeed ..Rootbeer22