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]

The upload worked great.

This is just about how I've been thinking that many of these new

"Provisional Ratings" will be handled - and lead directly to the appeals backlog.

Next - get your copies of all C&P and or VA exams listed in the Evidence Section.

Go thru SMR/STR's and locate the earliest evidence for seizures you can find,

any medical treatment / progress reports and especially when meds were first RX'd for the seizures.

This would most likely be for Dilantin, Phenytoin,Tegretol, Phenobarb or a combination.

Also, if his drivers license was revoked or suspended due to seizures,

where and when.

You have some work ahead of you but can handle it.

I would not just jump in quick and file a NOD, until you get things together a bit first.

JMHO

[harleyman]

This was a provisional rating. It is not eligible for an NOD. Since, it is provisional, when the Veteran asks for the NOD, he will be told the rating will be reopened with a new tracking number, but all issues will keep original effective date. Because a provisional rating is not determined to be a final decision. The claim will be handled as a claim for increase. Then when the RO gives a regular rating decision, (a non-provisional final decision) that decision may be appealed.

These provisional ratings allow the VA to "clear their pending claims backlog" and make sure their stats are looking good. In the mean time Veterans are having to jump through hoops and deals with more paperwork and doctors appointments and anxiety over their claims, but more importantly stressing out about their illnesses and finances) But it's more important that VA can show Congress how well they are processing claims..(written sarcastically)... It's all smoke and mirrors. I am so sorry you are having to go through this claims process again.

Edited July 25, 2013 by harleyman

[carlie]

Yep, basically another dog & pony show for the stats to look better and

probably more hoops for the claimant to jump through down the road.

If they had to pay interest to claimants - then things would really change.

[cham1968]

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.

DITTO on what harleyman stated that be a definite fact on not approving the PTSD. My claim came back just as such with a Psychologist and the MSW counselor on my side but without the Psychiatrist dx PTSD it will get denied. AO is another route to take without the same redtape in case you do not have or do not get the dx of PTSD. Good luck and God Bless!

Edited August 21, 2013 by cham1968

[McLain]

This was a provisional rating. It is not eligible for an NOD. Since, it is provisional, when the Veteran asks for the NOD, he will be told the rating will be reopened with a new tracking number, but all issues will keep original effective date. Because a provisional rating is not determined to be a final decision. The claim will be handled as a claim for increase. Then when the RO gives a regular rating decision, (a non-provisional final decision) that decision may be appealed.

These provisional ratings allow the VA to "clear their pending claims backlog" and make sure their stats are looking good. In the mean time Veterans are having to jump through hoops and deals with more paperwork and doctors appointments and anxiety over their claims, but more importantly stressing out about their illnesses and finances) But it's more important that VA can show Congress how well they are processing claims..(written sarcastically)... It's all smoke and mirrors. I am so sorry you are having to go through this claims process again.

Really?

Wow, ok the TBI was rated at 0%. But he also claimed his Epilepsy in the same claim, that was denied. Can we file a NOD for the epilepsy?

Thank you for your replies!

[McLain]

Sorry so late replying, I didnt know there were replies.

Thank you for the info Cham1968

UPDATE to everyone, we got copies of the C&P exams. The neurologist he sees regularly was the same Doc. who did his C&P exam for TBI. It states he does have mild TBI. However, it also says "his seizures which started 6 years after his concussion, are less likely as no tassociated his mild TBI. His memory problems are most likely associated with his PTSD".

basically she is saying nothing is caused from this reported concussion, but she does admit in the report that he has PTSD. Do you think this would benefit us for a PTSD claim at all? Do you know how we can go about getting him a diagnosis?

Thanks in advance