TBI claim update

[eli]

First, I want to thank everyone for all of their assistance and input re my claim situation.  I really appreciate it.

Esp Berta for taking the time to review the Socs and trying to analyze what the VARO was thinking/not thinking.

Yesterday I went to a VSO with a good reputation and 2 gentlemen sat down with me and went over my entire file.

As we went through the file they asked many of the questions that those in the know here ask: do you have <insert blank>.

They both ended up reviewing all the documents as they were surprised because of the denials.  And we're talking about around 100 pages of docs.

Ending opinion:

*I have a rock solid case for BVA.

*Because I wasn't given a TBI C&P and based on what the C&P doctor (who isn't one of the four qualified drs) stated I literally had a snow balls chance in hell at the VARO level of being approved.

*They said unfortunately TBI is still too misunderstood by VA, similar to how Agent Orange vets were treated.

*Had I been given the correct C&P and then had there been lingering questions at VARO all of my supporting documents would've helped it/could have sealed it.

*Because those of us with certain illnesses from TBI are rare (epilepsy 1% of population) it's even harder for lay persons to comprehend the puzzle pieces and links.

*They had me contact my VA GP and he has put in a request for a correct TBI C&P.

Obviously I will update you when I'm finished at the BVA level.

And given I've been a hadit member for over 5 years I'll still be reading and lurking daily. :)

God Bless Tbird for starting the site and for all of the regulars that provide info!

A few other tidbits I learned:  Legitimate TBI cases have a high rate of denial at the VARO.  Of the cases sitting at BVA TBI cases are in the highest percentage.

[jfrei]

Sorry this was my first post catching by you I am a fellow TBI denial case fighter who won my BVA Case.So if you have a need to know questions and want an answer immediately send me a message or if you search my phone number it’s on here somewhere I already have one other tbi member I text back and forth...

[Victor Ray]

My 2 cents on this subject is that we Vets start from day one assuming that there is a legal process that vindicates the truth. You file a claim, it’s assigned a number, you present the evidence, it’s reviewed, VA raters look it over comparing the evidence against the claim, they find the nexus because the military documented it, your claim is granted, and you are very happy and thankful.

WRONG! You were instead lied to from day one! Your records are lost, they are withheld, they are misfiled, they altered, they are unreadable, they were destroyed, or they never existed.

You never complained in service, you were never diagnosed in service, were never treated for this condition in service, there is no records of these claimed conditions in service, therefore your claim for xxx is denied because in was neither incurred in nor was made worse by your military service. 

ALL LIES, all MANIPULATION, all DECEIT, all DECEPTION, in order to deprive you and your dependents of any benefits the VA can withhold from you, and add to their own wealth. The ABUSE OF POWER BY THE VA “is mind blowing, it’s a sobering fact”, and they don’t want it to change.

Your “ military documentation “ is meaningless to the raters, and these raters are basically the same as used car sales people, and a buffer before you talk to the actual dealer. You will never talk to the dealer himself-never ever, only his subordinates. 

The VSO or car salesman and you, do the paper work. He takes it to the rater or manager and he gives you a little break(10% and maybe a bit more). Not being that happy you do more paper work with the VSO and he goes to the rater. Eight or 12 months later he awards another 10% and knows he wont see you for another year. Being very upset and getting gravely I’ll you and the VSO set down and put together the best offer going all in with all evidence they have allowed you to use, but withholding the meat of it, the back bone, the core and absoluteness of the definitive Nexus. The rater gives you a “0” and another 10% knowing now it’s going to be at least three, but more like12 years before he sees you again, if you survive that long, and of course he has had your medical history all this time, and working the numbers knows that having three years of life is left is pushing it beyond reality, he kicks back, cuts himself a bonus from the money allocated for guys disabled  like you, and he buys the car himself. 

Every time he passes the cemetery he glances over at your headstone and the loved ones paying their respects and comforting the young dependents and snickers, with a smirk, and a big “thank God for vets like you, you fool”. He takes his new ride to the incinerator to burn the wasted paperwork and back to the office for another claim, and this time it will be for a Jamaican Holiday!

[Victor Ray]

I’m pretty sure it was Hill and Ponton’s satellite office in Houston, Texas that wanted to Charge me $150 dollars to discuss a malpractice lawsuit or represent me in acquiring benefits due for being lied to, deceived, records withheld over the last 47 years, and I just don’t trust anyone now. My wife and kids are it. My mental health doctor is just a puppet, DAV and VFW are liars, skunks and scum, just like the VA. It doesn’t matter who it was really because none of them are trustworthy. It’s a game with who can deceive you the most with you feeling screwed over the least.

It is just hard to accept the world of lies and corruption we live in and are governed by, and the government thinking nothing of murdering thousands of veterans to avoid administering benefits to them because they were poisoned by Agent Orange AND that ABSOLUTELY HAD to be covered up. I feel paralyzed, unable to move for fear of another liar trying to deceive me for the VA’s benefit. Who is the least likely to make a deal under the table with the VA in order to cheat you, and I know these scumbag VSOs do it regularly, and I’m sure the law firms do as well. 

There is nothing the VA won’t do to screw over you, ABSOLUTELY NOTHING. There are no boundaries for them, and the more wicked the faster up that corporate ladder the go. The slime bag from DAV that lied to me got promoted, and isn’t that par for them. How sad that our own government is so dishonest and responsible for so many innocentpeople dying. Unbelievable .

[Buck52]

Victor 

Have you thought or look into the possibility of filing a Writ? Iam not sure this applies to your situation but you may want to read up on it.  it may or may not help but can't hurt!

check this information out

https://www.google.com/search?ei=ARtoW57HIoKasQW6zqmgAQ&amp;q=how+to+file+a+writ+of+mandamus+in+federal+court&amp;oq=How+to+file+a+Writ+of+Mandamus

[Victor Ray]

Buck.

i have an appeal that is supposedly before a Veterans (VA) Law Judge, but take that anyway you want, but not with more than a grain of salt. The VFW snickers and says he has now idea how long this could take, another week, a month, a year or three, or ten years. I had 200k ahead of me and asked for an advance on the docket, they granted it due to my age, conditions, and waiting 47 years for the records I have been deprived of. Then I called the VFW and he said it hasn’t changed and (snicker) you just have to wait your turn like everybody else. Now this is St. Louis, the most powerful and most corrupt of all VAROs. They manipulate everything they want in their favor. A few more days will determine when I go public. Thanks Buck.

victor ray