Any Help Or Advice To Help Me Would Be Great

[Tommywvivid]

During that time I suffered a Major TBI injury on post involving 4 guys and their baseball bats and mag lights, connecting to my head, I wont get into the specifics but as you can imagine my life has never been the same. PFC Scott Nagy packed my head with ice not knowing what else to do, rushed me to the E.R. at Womack Army Hospital. I got in touch with the Mission Valley Regional office and they reopened my claim, 2 years later, my claim was denied because they couldnt find my records. Within 6 months Id written many letters to Womack Army Hospital, which I have, the NPRC and Nat5ional Archives, still same response then I remembered back in late of '94 or early of '95 the MP's filed a criminal report of this incident , I wrote the Fort Bragg Military Police, the FBI. and tried to contact my unit to no Avail, Then I thought about social media, Facebook in Particular, the fellas in my company from the army we correspond and I got in contact with Scott Nagy and Retired now, SFC Breck Ferguson, told them the story and they wrote in their own words 19 years after the incident their roll. My represenitive seem to be satisfied that these statements along with my current medical records, the MRI showing the brain damage I got in touch with the Mission Valley Regional office and they reopened my claim, 2 years later, my claim was denied because they couldnt find my records. Within 6 months Id written many letters to Womack Army Hospital, which I have, the NPRC and Nat5ional Archives, still same response then I remembered back in late of '94 or early of '95 the MP's filed a criminal report of this incident , I wrote the Fort Bragg Military Police, the FBI. and tried to contact my unit to no Avail, Then I thought about social media, Facebook in Particular, the fellas in my company from the army we correspond and I got in contact with Scott Nagy and Retired now, SFC Breck Ferguson, told them the story and they wrote in their own words 19 years after the incident their roll. My represenitive seem to be satisfied that these statements along with my current medical records, the MRI showing the brain damage...... In the end claim was denied and my witness statements and I quote, "less than credible"???? WTF???

[broncovet]

Of course, I have not reviewed your file. Do you have conflicting statements in your file? If you dont, then you have nothing to worry about, but you really need to read your file to see if there is any in there..maybe you did not know of them.

If you do not have conflicting statements, the VA does this sometimes anyways.

You need to look at the reasons and bases for denial. If they said your testimony was not credible, then they need to say why.

You will likely need to file a NOD, timely, within a year. Was this a VARO decision or appeal? You need to continue to get your records/documentation of your injury.

Keep looking. Do you have scars? (Even if they are covered with hair). Did you have a fracture, that will show up on xrays? The va losing recordds is very, very common, and, if you are a "combat" vet, they are supposed to loosen that requirement.

[Tommywvivid]

Broncovet Thanks for your response, the VA said that my 2 buddy statements were not credible, and that's very strange as for scars YES! on my forehead! And YES, I did an entry physical and an ets physical, but again, " the records are lost". In February I filed the appeal and it's been at my regional office since awaiting a DRO. The VA says we see that you have a head injury, as per the MRI, but there's no proof it occurred while in service.????

[Vync]

This might have already been done, but do you have a copy of your C-file? A C-file is usually stored at the VA Regional Office (VARO) and contains all of the documentation they have on you.

It might be worth requesting a copy of your C-file and/or reviewing your C-file in person (you can make an appt to do this, don't just show up). This would allow you to see exactly what is in your file.

Why check the C-file? I had evidence in my C-file that would have proved one of my claims, but the VA totally looked it over. I got out in the mid-1990's and my C-file also included a copy of my service medical treatment records. It is possible that your medical records could be in there too, but you never know...

Another option is to get buddy statements from your family, preferably a spouse (if you have/had one), parents, etc.., preferably someone who knew you very well before you got in and after you got out. If they were to describe your personality, demeanor, etc.. before, during and/or after the incident, it could help.

If you are waiting for a DRO then that could be a positive thing because they can help cut through the BS. It is not a guarantee, but my single experience with a DRO turned out positive. However, please be aware that I had medical records to support my claim. The big plus for having a DRO is that if you requested an in-person meeting with the DRO, then you have the opportunity to ask questions.

Are all of your medical records missing? When I got out in the mid-1990's, I physically had to pick them up when I got out. I was instructed to take them to my VA representative. I did that and they made a copy of records, but then handed me back the original with advice to never let the VA get hold of the original because they tend to lose things.

Good luck!

[Stretch]

Tommy, I have to say this. When you get a buddy letter it should be in affidavit form. I am writing this from memory. I use to have a form that i will try to find. This might sound like a bunch of crap, well it is, but it works.

They have to state their name and rank service number.

dates they were in service

When and what unit they were in

What their relationship to you was

Time and place of injury

What they saw or participated in relationship to you.

Followed by a statement saying the above is and honest and trutfull statement

Should be noterized and witnessed siging in blue ink.

I did this with 6 buddy letters. There was a little cost, but my buddies took care of me as I will take care of them.

I won 8 of my claims thanks to a fellow named Michael Harris, hadit member and Brown Water vet. My x wife was one of the buddy letters.

Good luck on this Tommy.

Edited October 15, 2014 by Stretch

[Berta]

Stretch is right. The buddies should put in their statement how their MOS or duty station and their unit put them in same time, same place as the incident they witnessed.

Buddy statements are eye witness accounts.

If more then one buddy statement is sent, they both should coorborate each other's statement fairly well even though the statements might be a little different.

( a little different...but must be exact on the main points)

Also Buddies have to give VA their contact info as sometimes VA will call them up to clarify the statement.

Can you tell us exactly why the VA rejected these statements?

Can you scan and attach here their rationale on that? Cover C file number etc prior to scanning.

Edited October 15, 2014 by Berta