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???

[Berta]

There is much on the net if you google TBI scandal VA and this is the VA's statement:

in part:

"June 1, 2016, 02:21:00PM

 VA Secretary Provides Relief for Veterans with Traumatic Brain Injuries

 

WASHINGTON – Secretary of Veterans Affairs Robert McDonald has granted equitable relief to more than 24,000 Veterans following a national review of Traumatic Brain Injury (TBI) medical examinations conducted in connection with disability compensation claims processed between 2007 and 2015.

This action by the Secretary allows the Department of Veterans Affairs (VA) to offer new TBI examinations to Veterans whose initial examination for TBI was not conducted by one of four designated medical specialists and provides them with the opportunity to have their claims reprocessed. Equitable relief is a unique legal remedy that allows the Secretary to correct an injustice to a claimant where VA is not otherwise authorized to do so within the scope of the law. 

“Traumatic Brain Injury is a signature injury in Veterans returning from the conflicts in Iraq and Afghanistan, and VA is proud to be an organization that sets the bar high for supporting these, and all, Veterans,” said Secretary McDonald. “Providing support for Veterans suffering from a TBI is a priority and a privilege, and we must make certain they receive a just and fair rating for their disabilities."

https://www.va.gov/opa/pressrel/pressrelease.cfm?id=2795

More recent news is this:

http://www.bostonherald.com/news/local_coverage/2017/05/boston_va_office_incorrectly_processed_1_in_6_traumatic_brain_injury

You could google whoever did your 2009 C & P exam to see if they were actually qualified to do it.

VA said ,under former Sec McDonald, that more then 24,000 vets would be notified if their exams were faulty.

Yeah right---VA also said they would go through all claims from Vietnam AO vets or their survivors to see if Footnote One was applicable to their claims due to the 2010 AO presumptives.

I think VA  probably failed on both accounts, to contact the TBI vets and the  2010 AO vets and survivors..

.

 

[Bluntly]

Im so frustrated right now it's  ashame. I finally got my SOC in the mail today and was denied. But guess why smh....because i was apparently a no show at my neurology appointment. In one of my previous post, I posted my DBQ from that appointment. So how in the world can they get this so wrong when i went to this appointment???

[EODCMC]

Someone correct me if I'm wrong...but I believe you can explain why you missed it and request your neurology appointment using VA Form 21-4138 and receive a Supplemental Statement of the Case after your local VA office reviews that evidence. 

[EODCMC]

Please see attached.

How-Do-I-Appeal-Booklet--508Compliance.pdf

[Bluntly]

I did not miss this appointment. I shouldn't have to continue to go thru this process if i attended this appointment. How many people check over each other to make sure mistakes like this dont happen before even sending me something like this....(just venting)

[Bluntly]

Decision:

1. The previous denial of service connection for TBI is confirmed and continued.

Reasons and Bases:

1. The DRO has de novo review authority if the appellant elects the process. You elected De novo review, which is a new complete review with no deference given to the decision reviewed. This decision is not based on clear and unmistakable error nor was there new evidence available sufficient to justify a different decision. Instead the evidence of record will be interpreted differently.

The NOD received Nov. 10, 2016, states you are in disagreement with the denial of service connection for TBI. There was no additional argument or evidence submitted to help to substantiate your claim. Service treatment records show you were seen in service several time due to an IED blast. VA examinaton dated Dec. 17, 2009, failed to provide a diagnosis for TBI.

Progress notes from VAMC East Orange  Nov. 23, 2009 to Aug. 18, 2016, reveals a history of TBI. A VA examination was requested to obtain a definitive diagnosis however appointment records from VAMC East Orange shows the Veteran was a no show C&P neurology examine scheduled for January 12, 2018.

You did not provide adequate reason for failing to report for the examination, the Department of Veterans Affairs(VA). The VA medical facility did not advise that mail notifying you of a scheduled VA examination has been returned because the Postal Service reported the letter was undeliverable at the address provided.

You failed to report for the VA examinations scheduled at VAMC East Orange. Evidence expected from these examinations which might have been material to the outcome of this claim could not be considered. Therefore, service connection for TBI remains denied.

Edited February 11, 2018 by Bluntly