Service Connected At 0%. Please Help

[McLain]

^{Hi all! Thank you for your service!}

^{Husband was just rated at 0% for TBI, this is service connected but No compensation? He was also denied completely on his Epilepsy & shoulder dislocation.}

^{He was in Special ops, maybe his records were classified, which is why they couldnt compensate or put the two together, because they could not access records?}

^{I am not sure how he can be rated service connected but 0%? TBI can later cause epilepsy, and clearly this happened to him. What do we do? We are trying to obtain his records that are now archived at ST. LOUIS, MO. and planning to get an atty. Anyone been through this? Since they do recognize the TBI, do you think the appeal process may be easier? Anyone w/ any input is much appreciated.}

^{THANK YOU ALL !}

[carlie]

Welcome,

Being spec ops would not effect it - especially since sc was at least granted.

Please post the exact Reasons and Bases Section/s - without personal info

like name, address, etc . . .

[McLain]

Thank you for your reply Carlie. I will definitely do that as soon as I get home ; )

[john999]

Have you ever got a private medical opinion on the extent of the TBI. A 0% rating means he got his bell rung but no permanent damage at all or any after effects as I understand it. If he had persistent headaches that should get at least 10%.

[McLain]

Hi John999, Thanks for your reply.

No private medical opinion that I am aware of. He currently treats with the VA for epilepsy. He got pretty banged up in a couple accidents that have occured. One accident where he had a concussion, that is the accident he triedto use in his claim. He gets frequent headaches and plenty of symptoms from TBI, but when I helped him file his claim we only put TBI, epilepsy, Shoulder dislocation on the injuries. Stupid, yes but had no idea what we were facing.

Edited July 18, 2013 by McLain

[McLain]

We just looked at the letter and,

This was the main reason for denial on TBI- traumatic brain injury:

"No complains of impairment of memory, attention, concentration, or executive functions. Although the examination findings show a history of mild memory loss, the examiner stated this is due to a nonservice-connected mental disorder, and is not the result of your traumatic brain injury."

This is false. My husband has memory loss, has been treated for headache there at VA ER. The C&P examiner was his regular neurologist and has always thought we were lying to her or something, she is not the nicest!! We are so frustrated reading this! It kills me that she could say it is not related to TBI, how would she know this?

Wow I hope we can get a second opinion and this would be easy to appeal.

[broncovet]

If there is "negative" medical evidence in your records, then you need to refute it, upon appeal, with favorable medical evidence. This can be done by another doctor, either a Veteran friendly VA doc, or an IMO/IME.

If this doc is not treating you right, you should consider dropping him and seeking someone else.