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 !}

[McLain]

Thank You Broncovet! I am going to researche IME right now.

[carlie]

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.

Where's the Reasons and Bases Section for the epilepsy and shoulder injury ?

Also, have you actually gotten a copy of the C&P exam to see if in fact

this is what the examiner stated and to see WHAT ELSE was stated that the decision maker

negated ?

I ask these things because I am SC'd for epilepsy / seizures, due to 3 documented / treated,concussions

on AD - these now fall under a TBI condition.

Please post exactly what remains from the Reasons and Bases Section and whether you have gotten

a copy of the actual exam to verify what the VA decision maker stated.

[Berta]

Yes, we need to read VA's exact words on the denial ,certainly as to the epilepsy because there is a strong association between TBIs and epilepsy as this study shows:

http://www.ninds.nih.gov/research/epilepsyweb/researchers/ICARE/VA_post-traumatic_epilepsy_member_rpt_062712.pdf

[FormerMember]

Go here and scroll down to FAST Letter 09-52 and download it. It request VA to seek your records for Special Ops. http://asknod.wordpress.com/va-forms/

Another thing you need to understand is that VA does not generously hand out top drawer ratings without a little nudging. If they think they can roll you and the medical evidence is "iffy" or allows for some wiggle room, they will lowball you every time. Rebut it by submitting the medrecs that support a higher rating. You also need to see the Diagnostic Code rating percentages on TBI to get a better idea where you fall in it. In the interim, if they sandbagged you with a couple of 0% ice creme cones with no ice creme, you are entitled to a 10% rating ( 38 CFR 3.324). Few know of that little trick.

§ 3.324

Multiple noncompensable service-connected disabilities.

Whenever a veteran is suffering from two or more separate permanent service-connected disabilities of such character as clearly to interfere with normal employability, even though none of the disabilities may be of compensable degree under the 1945 Schedule for Rating Disabilities the rating agency is authorized to apply a 10-percent rating, but not in combination with any other rating.

Edited July 19, 2013 by asknod

[71M10]

I assume from your statement about getting med records from St. Louis that you do not know what was in his SMR's when filling? I see the California National Guard emblem as your avatar/picture, have you checked with the unit (assuming you are NG) to see if they have any residual medical records that were not forwarded or do they have copies of what was forwarded (might be quicker than St. Louis). Actually, St. Louis would not have his medical records...they would be at the VARO (on loan from military archives...unless they have changed this with paperless system implementation).

Last and probably least likely, your husband wasn't on AD orders when the decision was made (temporary assignment). He isn't currently in NG is he?

[McLain]

Thank you all for responses.

Carlie/ Berta: the Reasons are as stated

SC for sizures/epilepsy:

The evidence does not show an event, disease or injury in service. Your service treatment recors do not contatin complaints, treatment, or diagnosis for this condition. We received medical evidence from Martinez and Palo ALto VA MED Centers which discussed the symptoms of your medical condition ( which we treat at Mather VA now they didnt put that where most his records are) . The evidence does not show that your disease developed to a compensable degree within hte specified time period after release from service to qualify for the presumption of service connection. - Yes he started getting seizures a year or two after discharge

SC for dislocation, r. shoulder:

Your service treatment records show you injured your right shoulder in a motor vehicle accident in july93. We scheduled an exam for you to determine the current level of disability caused by this injury. The VA med. opinion found no link between your diagnosed medical condition and military service. The VA examiner stated that since there was no treatment for this injury following the initial treatment. Your reported suffering dislocations of your right shoulder following release from service, which the examiner stated is not consistent with the type of injury you suffered. The examiner stated your current right shoulder strain is most likely related to overuse and injuries of the r. shoulder which occurred after you left service. We received med. evidence from Martinez VA Med. Center which discusses the symptoms of your medical condition.

This shoulder thing is not a big deal, he sometimes gets flare ups but not too bad. It is the epilepsy and TBI and PTSD (not cliamed) that is the worst and really effecting his ability to daily living you know.

No Carlie unfortunately we do not have any copies of those C&P exams, any idea how to obtain them?

Also, it sounds like you may have went through a somewhat similar situation being your condition, Did you have to appeal as well? Was it a very hard/long process ?

Edited July 20, 2013 by McLain