Traumatic Brain Injury-Not Service Connected

[bh1981]

I just got my decision back from the VA and they determined that my TBI was not related to my time in service....even though I am currently being treated for it at the VA for concussions due to parachute jumps and mortar fire while on deployment. How is that possible? Any advice on what to do now would be extremely appreciative.

[bh1981]

bh1981,

Buddy statements (plural) from fellow soldiers who actually witnessed your in service injuries would be helpful. However, in my opinion you really need an IME and a strong IMO from a neurologist who could state your current medical issues (migraine headaches, memory recall and dizziness) were "as likely as not" caused by your in service injuries. The neurologist would need to review your relevant medical records and fully justify his/her opinion with reasonable medical rationale.

GP

Thanks GP,

My plan is to take a printout from the 'blue button' and take it to the neurologist up the road showing all of the treatments and such that I have had at the VA and then file a NOD, when the time comes. I'm hoping that will suffice. We'll see I guess.

[Navy04]

Sorry to hear that the VA denied you bud. I am SC for TBI/Migraines, due to OIF/OEF, and I am 100%. I put in a claim back in Nov 14 for a few new conditions and secondary conditions, as I too want the Govt to admit and treat me for every issue that I came home with. Well by submitting that claim, I think the VA thought I was ungrateful or rocking the boat, and what happened next the VA gave me a ton of C&Ps in a short time period and Reviewed most of my high Conditions, which included a PTSD Review which lasted for over 2 hours and was scary as hell for me. I too will be 33 next week, and the VA will be looking over our backs for a long time. God Bless and good luck. Keep us posted bud

[bh1981]

Sorry to hear that the VA denied you bud. I am SC for TBI/Migraines, due to OIF/OEF, and I am 100%. I put in a claim back in Nov 14 for a few new conditions and secondary conditions, as I too want the Govt to admit and treat me for every issue that I came home with. Well by submitting that claim, I think the VA thought I was ungrateful or rocking the boat, and what happened next the VA gave me a ton of C&Ps in a short time period and Reviewed most of my high Conditions, which included a PTSD Review which lasted for over 2 hours and was scary as hell for me. I too will be 33 next week, and the VA will be looking over our backs for a long time. God Bless and good luck. Keep us posted bud

Yeah, me too man. But, I do have to say that the VA has done pretty fair by me for the most part so I can't really complain. It sucks, yes, but I'll get it done. I'm pretty confident in that.

[Navy04]

I have had 4 claims over the last 2 years. When the VA denied a few conditions that should have been SC, instead of filing NODs or Appeals, I just kept reopening them, and guess what when this current claim is complete, that will make 6 or 7 conditions that were denied first and approved within the 2 years. Using the same evidence, except that the VA Raters actually look at it, or I finally get a C&P Doc that actually knows what he is doing and using his or her Degree for a change. Good luck

[bh1981]

Okay ladies and gents...i just got back the letter of determination and findings explaining everything. The denied TBI on the basis of not having a current diagnosed disability and that I did not have any record of a TBI episode (basically a lack of treatments) while in the service. However, they did award me tinnitus and I/U. That being said, they took it upon themselves by awarding me special monthly compensation for being housebound. I'm not sure what to think about that because I did not apply for it nor did I ever state that I was housebound. But I reckon the psychiatrist and rater felt that this was the case. I'm happy about the extra monthly compensation, it'll help a bunch, but I fear that could be a mistake on their part and am wondering if I should squirrel away the extra monthly SMC. Has that happened to anyone else?

Also, my veterans benefit letter in eBenefits does not state that it is permanent or not. Should I assume that exclusion serves to state that it is, in fact, permanent? This is what it says:

You have one or more service-connected disabilities: Yes Your combined service-connected evaluation is: 90% You are being paid at the 100 percent rate because you are unemployable due to your service-connected disabilities: Yes

Edited March 12, 2015 by bh1981

[Navy04]

Great news, but I hope that I am P&T and might get another SMC too. It looks like the VA actually did their job, and I am so happy for you. Just save the SMC as you stated for a few months. As far as the Permanent thing, my bud just got his % awarded last week, and his letter still does not say Perm or Temporary. So just give it a bit.