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]

71M10,

No we did not really know what was in his records. His memory is very bad. We went off his memory, in the claim stated he was treated at Beale AFB, but the denial came back stating he had concussion from Martinez Medical Center. We called to get his records at Beale and they told us they had been archived in St. Louis. He is not currently active he was in service from about 88-98

We just contacted an attorney yesterday who is local, and who is actually a veteran himself- we shall see

[Berta]

Copies of the C & P exams ,if done at a VAMC, can be obtained by requesting copies of them under 552 USC (the Privacy Act and Freedom of Information Act, by writing to the VAMC's Records Access Officer or FOIA officer. They might even have a form for this request ,if you can get their in person.

QTC exams are more problematic. They are only released by VA after the claim has been adjudicated and they would be obtained from the VARO that holds the claim.

Why didn't he claim the PTSD? I assume he is OEF and was intheatre, Afganistan or Iraq or both?

A TBI is most often a stressor , maybe not always but TBI from IED or severe accident etc..these are obvious stressors.

VA must adjudicate and rate TBI separately from PTSD.

[McLain]

Hi Berta. Thanks for the info.

When he originally filed he wasnt diagnosed with PTSD, and Since he was Spec Ops he was a little paranoid on what he can and cant put if ya know what I mean. He served during Gulf war time but was never considered to be in war.

He started seeing a behavior health counselor after his neurologist referred him there, shortly after we filed claim. Then was dianosed by counselor with PTSD, and neuro also mentioned it in one of the visits. He now takes meds for niggtmares and mood swings.

I believ we will start a new clam for PTSD and his knees, but not sure if we start a new clam while the first one is being appealed that it might slow the first one down?

I already started a new claim in Ebennies, to get the start date effectiv for pay, I believe we have a year to submit it to VA :)

[carlie]

Is he diagnosed as a seizure patient ?

How often does he have seizures ?

Is he Rx'd anti convulsant medication/s ?

Does he receive treatment at a VAMC in Neurology ?

Has DOT pulled his driver's license ?

Looks like you will be needing either private IMO / IME's

OR Private OR VA DBQ's to support the issues.

If his C&P's were done at a VAMC - take him and his ID - go there to Release Of Information,

request copies of the C&P exams's, sign the form and if possible they will

print it right then for you OR mail it to you.

[McLain]

Carlie,

Yes to all! His seizures vary. Sometimes 2 grandmals a week, then sometimes hes good for a while maybe 2 a month. He has little seizures several times a week and gets shakey/ tremors daily.

[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.

I just notice the part I put in red above.

Please clarify:

1) TBI - DC 8045 was granted as service connected with a zero percent evaluation.

2) TBI - service connection was denied.

Carlie,

Yes to all! His seizures vary. Sometimes 2 grandmals a week, then sometimes hes good for a while maybe 2 a month. He has little seizures several times a week and gets shakey/ tremors daily.

Go get copies of his medical records !