Lost

[Mama Bear]

I put aside my husbands claim out of frustration to start my own. Now that mine is in the works I decided I needed to go back to my husbands. Good thing to, the last denial was dated July 8th 2010. We have done about 2 nod and been denied both times. Not service connected. I really don't know how to go about this... Another nod? Or cue? What to state in the letter? We are trying for Tbi. They say it is not service connected because he didn't go to the medics afterwards, so therefor it is not service connected. Even though he has medical evidence that states Tbi from explosion After he got back from Iraq. We also have one buddy letter. My husband was a sniper and squad leader in Ramadi and Faluja. Any advice is well appreciated.

[Mama Bear]

The dro isn't that what we have done the last two times with the nod?

[carlie]

Good thing to, the last denial was dated July 8th 2010.

Please post exactly all of what is stated in the Reasons and Bases Section

of the Rating Decision dated July 8, 2010.

Leave out any names, addresses, claim #'s, etc...

[carlie]

Mama Bear,

Check your PM's up top.

[Mama Bear]

Please post exactly all of what is stated in the Reasons and Bases Section

of the Rating Decision dated July 8, 2010.

Leave out any names, addresses, claim #'s, etc...

Decision

3. Service connection for sleep apnea is denied.

4. The previous denial of service connection for vertigo and dizziness with standing now claimed as secondary to residuals of traumatic brain injury (Tbi) is confirmed and continued.

5. The previous denial of service connection for memory loss due to concussion now claimed as secondary to residuals of Tbi is confirmed and continues.

Resons

3. Service connection may be grated for a disease or injury from a service connected disability or was aggravated thereby. Service connection for sleep apnea on a secodary basis to this connection cannot be established. Your service treatment records do not show sleep apnea diagnosis. There is also no evidence showing sleep apnea was incurred in or aggravated by military service.

4. Historically, rating decision dated 2/15/2007 denied service connection for a vertigo and dizziness and you were notified of this decision. The basis for that decision was no evidence that this condition had been clinically diagnosed. You are now claiming this condition as secondary to tbi.

The claim for service connection for vertigo and dizziness with standing as secondary to residuals of Tbi is reconsidered. Service connection for tbi has not been established. Therefore service connection for vertigo and dizziness with standing as a secondary to residuals of RBI is not possible. The current va examinations explained the evidence does not show residuals of vertigo and dizziness and noted a pattern of tests was inconsistent with diffuse brain injury. Further, there is still no evidence that vertigo and dizziness with standing was incurred in or caused by service.

The previous denial of service connection for vertigo and dizziness with standing now claimed as secondary to residuals of Tbi is confirmed and continued.

5. Historically, rating decision dated 2/15/2007 denied service connection for ammemory loss and you were notified of this decision. The basis for the denial was no evidence that a memory loss condition had been clinically diagnosed. The current va examination shows you do not carry a cognitive residuals of Tbi. The current va examination dated 12/08/2009 revealed intact functioning in the majority of cognitive domains such as attention, working memory, processing speed, language, memory, and executive functioning. The examination stated that overall the pattern of tests is inconsistent with functioning. The examination stated that overall the pattern of tests is inconsistent with diffuse brain injury and any functional memory complaints are likely emotional in nature.

Since service connection for Tbi has not been established, service connection for memory loss secondary to service connection Tbi is not possible. Therefore service connection for the previously denied condition of memory loss now claimed to secondary to residuals of Tbi is confirmed and continued.

[Mama Bear]

Mama Bear,

Check your PM's up top.

Thanks Carlie, I was starting to think ask a stupid question you don't get an answer. Lol. I will be diving into that link today.

[carlie]

Thanks Carlie, I was starting to think ask a stupid question you don't get an answer. Lol. I will be diving into that link today.

Mama Bear,

I sent you another PM.