SOC???

[Bluntly]

Currently waiting on my SOC to arrive regarding my nod for tbi and notice that on ebenefits it didn't update on the AB8 letter. Curious to know does this mean the va didnt grant in favor of me??? Or ebenefts just didnt update yet??? Also would i still be receiving a SOC if it was granted in my favor???

[Gastone]

Why do you think a SOC is on the way? What type of Appeal (RO Review, DRO Review or Hearing or a BVA Review or Hearing?

If you had multiple Appealed Issues listed on your NOD and a final Decision has been rendered Awarding some and Denying others, A SOC is required for the Denied Issues.

Is your Direct Deposit Bank/Credit Union account set up to real-time Txt and Email you regarding ALL Financial Transactions? Retro Awards usually hit your bank account well in advance of E- Ben updates. Award/Denial-SOC Letters can take up to 3 months after the Retro Hits to arrive.

[Bluntly]

It's only for one which is tbi. Called yesterday the 800# and they informed me it was mailed out. Then i checked on ebenefits to verify it and it's a dro hearing. My effective date for my nod was on 11/15/16 and had my c&p neurology appointment the 12th of this month just to give u a actually timeline on my wait...also on ebenefits it said they are preparing it for the bva

Edited January 18, 2018 by Bluntly

[Gastone]

Do you have a VSO Rep? Something's not quite right, your 11/16 NOD requested a DRO Hearing, not a DRO Review, are you certain? Do you have copies of the  2016 NOD that was filed requesting the DRO Hearing?

TBI, unless significant scaring and or cranial deformity is rated per the associated disabling symptoms such as PTSD, Depression, etc.

How about that redacted copy of the original Denial, it would be very informative.

(2) things you may want to consider doing right away, File a VA FOIA Request for your complete C-File on CD and assign you POA to a VSO. A POA VSO has access to your C-File and could even print out copies of what you may need for review. The FOIA can take 8 months or so for the CD to arrive.

[Bluntly]

Correct a dro hearing but do not have a copy of the nod that was filed. Yes i have an attorney but kinda in between with hiring another attorney which i dont think that would be a wise move in the middle of this process. I haven't spoken to him in quite some time and never answers the phone, secretary informed me that i would only speak with him when it get closer to the hearing date smh...

The FOIA was requested last year by the attorney. Ill try to keep this kinda short but first i filed the nod for tbi, then sometime last year not really sure of the month but requested for an increase on my ptsd that was 30 percent at the time. Nov. 16 was when i had my c&p exam for these conditions of increase ptsd, tension headaches, and left shoulder strain.

The headaches and left shoulder is rated only at 0 percent but they increased my ptsd to 70 percent on dec.5 of 2017. Once i received my increase i filed for tdiu(FDC still in gather of evidence phase). Then i just had my neurology c&p exam this month and waiting on the results in the mail anytime now regarding my SOC.

Imma have to do some digging to find the original denial but once i do ill update u....thanks alot for listening

Edited January 19, 2018 by Bluntly

[Gastone]

Very helpful information. The communication problem with your Attorney is not unusual, good luck there. Does your C-File EOR (Evidence of Record) verify your being unemployable due solely to your SC PTSD? Is your current CSC 70%?

What "New & Material Evidence" did you use to support your New IU Claim?  When you received the 70% PTSD Increase Letter, was a statement regarding "Inferred IU" included in the Award?

Have you been employed in the past 24 months and/or have you had "Earned Income" in excess of the VA SGI (Substantially Gainful Income) level of $12,400 for either of the (2) years?

In a 100 words or less, what do you know about the importance (in relationship to IU Claim) of a Vocational Rehabilitation Councilor's Denial of VR Program eligibility, due solely to your SC Disability?

 

[Bluntly]

Ok finally found my DBQ from my neurology appointment that was this month. What does all this means???regarding my tbi that is not currently service connected....to answer some of your questions i'd submitted my DBQ for ptsd increase in with my tdiu. No, a tdiu was not inferred and i haven't work since 2014. Here's my DBQ for neurology:

Is this DBQ being completed in conjunction with a VA 21-2507, C&P 
Examination
    Request?
    [X] Yes   [ ] No
    

    ACE and Evidence Review
    -----------------------
    Indicate method used to obtain medical information to complete this 
document:
    
    [X] In-person examination
    

    Evidence Review
    ---------------
    Evidence reviewed (check all that apply):
    
    [X] VA claims file (hard copy paper C-file)
    [X] VA e-folder (VBMS or Virtual VA)


    SECTION I: Diagnosis and medical history
    ----------------------------------------
    
    If you are making the initial diagnosis of TBI or if you are stating that 
the
    claimant does not meet the criteria for a diagnosis of TBI, please indicate
    your specialty:
    
    [X] Neurologist

    1. Diagnosis
    ------------
    Does the Veteran now have or has he/she ever had a traumatic brain injury
    (TBI) or any residuals of a TBI? (This is the condition the Veteran is
    claiming or for which an exam has been requested)
    [X] Yes   [ ] No
    
       [X] Traumatic brain injury (TBI)

    2. Medical history
    ------------------
    Describe the history (including onset and course) of the Veteran's TBI and
    residuals attributable to TBI (brief summary):
       This 31-year old, left-handed Marine veteran (2005-9) says an IED blast 
10
       or 15 feet from the vehicle in which he was riding as a turret gunner in
       2006 caused him to strike the back of his head and lose consciousness for
       perhaps "25 or 30 seconds." He describes the incident in great detail,
       recalling the light and sound from the explosion. He saw a corpsman when
       he returned to the base. "They said I had a grade II concussion." He lost
       no time from active duty. 

       The patient says he began having headaches around 2008 and started noting
       forgetfulness around 2009. However, a C&P examiner evaluating the patient
       on 12/7/2009 elicited somewhat different history. The patient reported
       being "dazed" at the time of the accident described above. According to
       this report, a grade I concussion was diagnosed. At the time of the 2009
       examination the patient said he was having headaches once or twice a 
month
       lasting only a few minute. He denied cognitive impairment and a long list
       of other symptoms. The MOCA (Montreal Cognitive Assessment) score was
       27/30 (within normal limits). The examiner concluded that the patient did
       not have TBI.

       John Doe was seen in the EOVA neurology clinic once, on 8/18/16. He
       complained then of stabbing headache 3 or 4 times a month since 2008. He
       said they lasted half an hour and were associated with light and sound
       sensitivity but not nausea. A CT scan of the head the same day was 
normal.
       The impression of the examiners was that the diagnosis was "not likely
       migraine." The patient has seen no neurologist for treatment since this
       visit.

       John Doe became depressed and in January 2013 tried to commit
       suicide by swallowing bleach. He was hospitalized at Lower Bucks Hospital
       in Bristol, PA, from 1/21/13 to 1/26/13. There is no mention in the
       available hospital records of headache or cognitive impairment.

       The patient complains today of headaches that begin in back of the head 
on
       the right and may spread to the front on both sides. Pain is sharp,
       "poking or pinching" and may be associated with dizziness, ie.,
       unsteadiness. When asked about light sensitivity, the patient says he is
       always sensitive to light, with or without head pain.  Headaches seemed 
to
       improve for a while but have been worse for the past several months. They
       have recently been lasting 45 minutes to 2 hours (average: 1 hour) and
       have been occurring 3 or 4 times a month. When the patient gets a 
headache
       he sits or lies down.

       A headache C&P evaluation was done in Philadelphia on 11/16/17. The
       examiner opined that the patient had migraine and tension headaches
       incurred while he was serving.

       John Doe says he self-medicates with marijuana, smoking 3 or 4 
times
       a day. He has a history of gambling addiction. He is taking no medication
       and is not being followed by a physician. The patient hasn't worked since
       2014.

       
       
    SECTION II: Assessment of facets of TBI-related cognitive impairment and
    subjective symptoms of TBI
    
-----------------------------------------------------------------------------
    
    1. Memory, attention, concentration, executive functions
    --------------------------------------------------------
    No response provided.
    
    2. Judgment
    -----------
    No response provided.
    
    3. Social interaction
    ---------------------
    No response provided.
    
    4. Orientation
    --------------
    No response provided.
    
    5. Motor activity (with intact motor and sensory system)
    --------------------------------------------------------
    No response provided.
    
    6. Visual spatial orientation
    -----------------------------
    No response provided.
    
    7. Subjective symptoms
    ----------------------
    No response provided.
    
    8. Neurobehavioral effects
    --------------------------
    No response provided.
    
    9. Communication
    ----------------
    No response provided.
    
    10. Consciousness
    -----------------
    No response provided.
    
    SECTION III: Additional residuals, other findings, diagnostic testing,
    functional impact and remarks
    
-----------------------------------------------------------------------------
    
    1. Residuals
    ------------
    Does the Veteran have any subjective symptoms or any mental, physical or
    neurological conditions or residuals attributable to a TBI (such as migraine
    headaches or Meniere's disease)?
    [ ] Yes   [X] No
    
    2. Other pertinent physical findings, scars, complications, conditions,
       signs, symptoms and scars
    
-----------------------------------------------------------------------------
    a. Does the Veteran have any other pertinent physical findings,
       complications, conditions, signs or symptoms related to any conditions
       listed in the Diagnosis Section above?
       [X] Yes   [ ] No
       
           If yes, describe (brief summary):
              The patient is alert. MMSE 28/30. Cranial nerves are intact. There
              is no drift or hemiparesis. DTRs are normally and symmetrically
              active and plantar responses are flexor. The patient's gait is
              normal. He has no tremor or ataxia. DSS touch and JPS are intact 
in
              the hands and feet.
              
              
    b. Does the Veteran have any scars (surgical or otherwise) related to any
       conditions or to the treatment of any conditions listed in the Diagnosis
       Section above?
       [ ] Yes   [X] No
       
    c. Comments, if any:
       No response provided
       
    3. Diagnostic testing
    -------------
--------
    a. Has neuropsychological testing been performed?
       [ ] Yes   [X] No
       
    b. Are there any other significant diagnostic test findings and/or results?
       [ ] Yes   [X] No
       
    4. Functional impact
    --------------------
    Do any of the Veteran's residual conditions attributable to a traumatic 
brain
    injury impact his or her ability to work?
    [ ] Yes   [X] No
    
    5. Remarks, if any:
    -------------------
    The patient had, at most, a very mild concussion in 2006. Given the brief
    alteration in consciousness and subsequent history, it is very unlikely that
    he has persistent cognitive impairment or any other residual symptomatology
    as a result of mild TBI.

Edited January 24, 2018 by Bluntly