TBI Appeal

[Bluntly]

Greetings to all, as I play the waiting with the VA I went thru my paper work on the denials of my tbi. I realize the SOC i recieved from the DRO and the one i recieved from the BVA are 2 different languages and just would like anyones take on these 2 while I await to be seen at the board.... this 1st denial is from the DRO and remind u I had attended this exam, which they said i didnt...

[Bluntly]

Now this next SSOC one is from the BVA when i got placed on the docket regarding this same appeal...

[awgv001]

1 hour ago, Bluntly said:

Now this next SSOC one is from the BVA when i got placed on the docket regarding this same appeal...

By what I read, it looks like like what they need is a Nexus (do you see a tbi specialist?) to show that symptoms of the injury you incurred have NOT resolved, and with a strong rationale to help prove it. As they said toward the end of the SSOC - "continuity of symptomology is required only where the condition noted during service is not, in fact, shown to be chronic or where the diagnosis of chronicity may be legitimately questioned." Someone while you were in service said that your post concussive issues had resolved. You need for a doctor to say and show otherwise.

I am also pending bva hearing for TBI myself. I will follow along with this as it develops, and try to help where I can ^_^

[Bluntly]

I really appreciate your response good brother. I dont have a nexus but I do have new and material evidence. Which I believe my lawyer is just waiting to present it at the BVA. The thing that is confusing to me is the SOC from the DRO seems to indicate that i do have a history of symptoms regarding tbi all thru out my progress notes dating back from Nov.09 - Aug16.....just dont see where i will need a nexus if one of their facilites is telling me that my history reveals tbi and in the next SSOC it is saying that my tbi should be resolved. Dont see how they are resolved if im taking my meds for these symptoms over the past 9 years

Edited January 8, 2020 by Bluntly

[vetquest]

The VA will delay and deny your claim as long as they can.  I had strong evidence of disability when I lost my job due to my disability but had to go all the way to the BVA to get someone who could read.  It looks like you have a lawyer and are headed in that direction.  The good news is that lawyers will not take cases they think are losers.  It is just a time consuming process, just do not try to figure out the VA logic.  It will confuse you and might make you upset.  VA raters are not normal people. 

[awgv001]

1 hour ago, Bluntly said:

I really appreciate your response good brother. I dont have a nexus but I do have new and material evidence. Which I believe my lawyer is just waiting to present it at the BVA. The thing that is confusing to me is the SOC from the DRO seems to indicate that i do have a history of symptoms regarding tbi all thru out my progress notes dating back from Nov.09 - Aug16.....just dont see where i will need a nexus if one of their facilites is telling me that my history reveals tbi and in the next SSOC it is saying that my tbi should be resolved. Dont see how they are resolved if im taking my meds for these symptoms over the past 9 years

Devil dog, a Nexus is one of the pillars holding up the roof in the house of claims - I will provide a link to the general Nexus Statement forms I found.

I agree with you, it will be easy to tell someone, along with having the evidence you have, and that you have continued treatment. HOWEVER - this letter specifically address continuity issues.

In your SSOC when they talk about "continuity" this is what they are meaning!

I have requested specialists - From the VA - to write out this letter, and have achieved many victories to date.

Get with yours too! Your CP may refuse to write one, if so, request to speak to another with equal or greater credentials.

Best of luck.

 

[Bluntly]

3 hours ago, awgv001 said:

Devil dog, a Nexus is one of the pillars holding up the roof in the house of claims - I will provide a link to the general Nexus Statement forms I found.

I agree with you, it will be easy to tell someone, along with having the evidence you have, and that you have continued treatment. HOWEVER - this letter specifically address continuity issues.

In your SSOC when they talk about "continuity" this is what they are meaning!

I have requested specialists - From the VA - to write out this letter, and have achieved many victories to date.

Get with yours too! Your CP may refuse to write one, if so, request to speak to another with equal or greater credentials.

Best of luck.

 

Appreciate this and thanks alot. Wish u the best also along your journey.