ptsd Iu Status Chanded

[kkp]

I have an appeal for ptsd that will be two years old in feb. 07. (50%- 70%).

I have a nod on a rt. knee injury, I filed seven months ago.

I filed for IU about six months ago.

I also have a claim for tennitis. meniers, and vertigo prepared and ready to file. ( A strong case documented from service to date.) When asked why I hadn't filed before, It's simple. I never knew I had a case until I filed for ptsd, AND JOINED THIS FORUM where I was encouraged to get a copy of My medical records. They clearly showed I had significant hearing loss while in service. So I have a stack of medicals a 1/2 thick to send with that claim when I file.

I talked to the RO just before the holidays and he said my claim was before the hearing review board but no decision had been made.

I called back today to confirm what I was told prior to the holidays. He told me the same thing.

I told him that every time I had called about my case up to this point, I was told a decision had to be made on th IU before it would be sent to the the appeal board. I ask him what had changed to reverse the process. His reply was that my file could only be at one place at a time, since I only have one file. When I questioned him further, He said thats just the way they were handling my case.

I dont know if this is good news or just news.

Also I don't know if I should file on my hearing now. If they are nearing a decision, a new claim could set it back, or would it.

I could really use some advice on what You guys think is going on with my case, and what I should do regarding the hearing claim.

thant kkp

[RockyA1911]

Then you put this together that you probably have an open claim since the early 1970's that VA is trying to sort out

Vike17,

I don't really think it would take too much IQ to sort this out, it is just a simple case of plain old clear and unmistakable error in not awarding the skull loss with EED of 26 Nov 1976. This is my case for the skull loss:

Clear and unmistakable error, Skull Loss

The essential argument is that the April 1977 rating

decision was clearly and unmistakably erroneous in its

failure to apply pertinent laws and regulations. Allegedly,

the grant of 10 percent evaluation for residuals post

concussion syndrome with brain trauma, temporal lobe

contusion, left, chronic in May of 1977 was based on evidence

containing virtually the same facts as was the rating

decision of April 1977 granting only a 10 percent

evaluation. Therefore, the former decision udebatably

prejudiced the appellant by failing to properly consider the

evidence.

Further rating decision dated April 1977 stated “Neurological

examination to a large extent within normal limits although

outlines of the skull defect were palpated in the left temporal

parietal area.

Despite undergoing a cranioplasty for the in-service head

injury, the veteran has not been service connected for skull

loss.

Strangely enough the identical same facts used in the 10% rating also showed military medical reports showing cognitive disorder and encephalopathy. The VA stated in 1977 that "it was within normal limits".

Exam at VAMC Iowa City Neurology reports still have cognitive disorder and post traumatic brain encephalopathy due to S/C TBI along with surgical artifact "surgical clip" still present in my brain.

Go figure? I had this while in the military after injury and before dischare. The VA said it was now normal the day after leaving service. Now 30 years later the VAMC in Iowa City says I have it again and it doesn't change and that I have always had the cognitive disorder and encephalopathy. The neurologist told me the VA in 1977 had to have misread the EEG, also the Neuropsychologist said the same thing. "The VA in 1977 errored in interpretation of the EEGs."

I have nothing to do but hang tight and await a decision if it ever comes.