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Service Connected At 0%. Please Help


McLain

Question

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. :unsure:

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 ! :smile:

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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.

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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 !

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Does your husband have a diagnosis of PTSD, from an M.D. or a PHD? a working diagnosis from a counselor is not enough for VA purposes.(it's sounds like the examiner is putting the cause of your husband's issues on a the "non-service connected mental disorder". You definately need a report of examination findings from a VA doctor or a private IMO/IME which will provide a diagnosis of PTSD by an M.D. or PHD. Without that, they may try to say he has an adjustment disorder or a non-service related anxiety disorder. Be careful here, and make sure you have all your evidence together in support of your claim for PTSD. Especially, if your husband was not an OEF/OIF veteran, or if he does not have documentation in his records showing he was in receipt of a CIB or eminent danger area.

Edited by harleyman
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McLain,

Another question.

Brain injury = Diagnostic Code (DC) 8045 - Pre Oct 2008

TBI = Traumatic Brain Injury = Diagnostic Code (DC) 8045 - Post Oct 2008

If in fact, his TBI was granted as SC'd with a zero percent evaluation -

what was the effective date of the SC ?

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