hearing loss APPEAL FOR TRAUMATIC BRAIN INJURY

[SliderHD]

I am currently rated at 40% combined and have filed for both TBI and Tinnitus (ringing in ears) three times and have been denied three times. The VA neuro tech that saw me during C&P exam stated that my getting knocked out after falling down a stairwell on a ship was not serious enough to constitute a TBI, but maybe a mild concussion, and that I show no cognitive issues now.  I also have Tinnitus in both ears, and VA denied me; yet after the denial, they sent me to a VA contracted audiologist who determined that I needed hearing aids for hearing loss (minimal at certain ranges) and Tinnitus.  I now wear hearing aids with Tinnitus maskers, and the VA says that it is not service connected; yet they paid for the devices....makes no sense to me.

Well my wife would disagree.  I have issues sleeping, memory issues, become argumentative about not remembering and just flat out do not act the way I did in my younger days.  Now I admit that some of this may be my own issue, but I truly believe that the TBI has something to do with the memory and sleep issues.  Being argumentative is a bi-product of the memory and I get pissed because I cant remember things.  My long term memory is not bad, but my short term is getting worse all the time.

My question is:  What avenues do I have, other than filing a 4th appeal and being denied?  I know I have a TBI: I can prove it occurred in service (in my medical records) and I have cognitive effects to this day.  

 

Any advice is appreciated.

Edited March 30, 2017 by SliderHD
Missed putting something in

[broncovet]

I do not dispute your issues.  Focus on Proving them, using the "big 3".  If you want to play baseball, then you must learn the rules of baseball.  The Big 3 are the rules in getting SC.  Order a copy of your file and READ it.  Make sure you have all these:  

1 Current diagnosis

2. In service event or aggravation

3.  Nexus, or medical link between one and two, above.  

There is "no score" unless you have all these.  

 

(That doc opinion that "fallingng down a stairwell on a ship was not serious enough to constitute a TBI," must be refuted.  YOu wont get benefits if that is your only evidence.) 

To refute that doc's opinion, you need another doctor's conflicting opinion.  There are 2 ways to get that:

a.  Get another VA doc to give you the nexus, documentation of inservice event, and diagnosis of tbi you need for sc.  

b.  Get an IMO/IME (private doc) to provide your nexus, and diagnosis. 

Understand, without the big 3 you dont get benefits.  Right now, it looks like you only have "1" of the big 3.  Im assuming you have a documented "in service event" that is, it was documented when you fell down the stairs.  

Work on the above.  They wont bend the rules for you, no matter how many times you apply.  

[SliderHD]

Thank you.  I do have the medical event documented, and I have a private doctor that has linked the nexus to service.  I will work on #3.  Thank you for your insight.  

[broncovet]

The nexus needs to be specific:

It needs to state that your (TBI, depression, PTSD etc) is "at least as likely as not" related to the trauma you experienced in service.  It also needs a medical rationale as to why the doc said that.  

[jfrei]

Definately need an IMO to review your record but he might opined that it was a moderate concussion if it wasn't stated a mild TBI already 

Edited April 6, 2017 by jfrei

[broncovet]

If you are missing one or more of the big 3, then you can try to get this while in appeals, that  is, with new evidence.  

Dont overlook another VA doc who may give you the diagnosis and nexus you need.  Some VA docs are Veteran friendly, while others are not.  

I have a doc who is definately "Veteran friendly" and has provided a nexus as well as a current diagnosis.  I happened upon this doc accidently.  The only thing that makes sense is that God has his hand in it (hooking me up with a Veteran friendly doc).   Amazingly, several other VA docs also followed suit, and I have about 5 nexus from different docs.  Try as VA might, they could not continue denying me with no less than 5 solid nexus, from 5 different docs over the years.  

Here is why I think that happened.  When my father was ill and dying, the scripture that says, "honor thy mother and father and your days will go well if you do" rang in my head.  

I did just that.  Trust me, my father, like most fathers, did not always do things which were honorable.  I honored him anyway.  I had to quit my job just to care for him.  (And I needed the money, desperately, too!)  Somehow, I was able to make ends meet for about 3 months while I cared for my dying father.  

Even after he passed, I was concerned he may have been beaten by the nursing home, as he had large bruises.  I decided I was going to find out if he was beaten, by getting a job in the nursing home where he worked.  Then I would know.  

After working in that nursing home 6 months or so, I concluded he was not beaten..but treated well by a dedicated staff.  

I did have many "rough" times, but, my days are going well now, as God promised.  It does not say to honor your father when he does honorable stuff, but "honor" him.  (in everything).  I wish I could ask my father questions, and I even take awesome care of my cars since he did so also.  And my garage looks like his did, with everything organized.  This is difficult, since Im not an organized person, but I do that for him.  

So, if you are reading this, then go out and honor your father and mother, if you dont already.  Dont talk mean to them.  Do as they ask, even if it means you must sacrafice.  Your parents sacrificed much for you.  The best part:

My kids saw me honoring my parents and followed my example.  They will do well also.  

The other thing is you need to forgive everyone who ever wronged you.  REALLY forgive them.  You can not legitimately ask God for something if you go around with a hate grudge against someone, because you will be judged by the same measure in which you judge others.  

Edited April 7, 2017 by broncovet

[lenkl1945]

I just won my TBI appeal  my C&P exams were hell MRI , CAT scan EEG Xrays Mental exam Nuro exam eye exam then a complete physical 3 wks of them to be exact my appeal was put in ar 2011 the claim 2009 all the fighting and waiting was worth it so keep fighting  T rating is the same as R2