TBI CLAIM

[Mr.B]

I submitted this claim for TBI with MRI and my psychiatrist records stating I had this since 2001 and letter stating I cannot work due to my injury! I used the DAV! I got two computer generated letters! The claim was submitted 15 January 2020!  How long does claims take these days! My claim in the year 2001 did not take this long! Is the the sign of denying my claim or should I get rid of the DAV and retain a Lawyer to represent me?

Edited June 8, 2020 by Mr.B

[broncovet]

You cant hire an attorney "until/unless" you have gotten a denial.  If you have not gotten a denial letter from your VARO, you cant hire an attorney.  

What did the letters say?  

Did they acknowledge your application, ask for information, or were they a denial?  

It sounds like you need some help, you can get it here if you post the letters (white out your name and address), or contact your VSO.  

VSO's are not as good as laywers, but you probably dont need one at this point yet.  Have you applied for tdiu?  If not, then apply pronto.  

[Oceanbound]

2001 is a long time ago and when people were working. 150 thousand have applied, so yes, it will take time 9 months to 5 years.

[Mr.B]

The DAV states claim is pending?

[kanewnut]

On 6/10/2020 at 1:46 AM, Oceanbound said:

it will take time 9 months to 5 years

I am just wondering where that comes from.

[El Train]

My TBI claim took about 14 months.  TBI is a tough one for VA to determine.  I had 3 C&P's from QTC for TBI.  Then I had 2 C&P's from QTC for PTSD.  Some of these C&P's were combined TBI & PTSD exams.  They were just trying to differentiate the PTSD and TBI symptoms for me. A lot of overlapping symptoms.  They did separate migraines at 10%. 

The only reason I got the TBI claims rolling, was I had two different diagnosis from outside Dr's.  One a medical MD and one from a Psychologist.  Otherwise they would have threw it out.  Guaranteed.

[broncovet]

The "9 months to 5 years" is likely based upon the BVA chairmans report, which gives statistics about VA to include average (BVA appeal) process times.  You can find it here yourself.  

https://www.bva.va.gov/Chairman_Annual_Rpts.asp

     The "5 year" is about right, if you have to go to the BVA BUT, it "could" be faster now because of AMA and no more SOC or certifying the claim to the BVA.  The VARO often "sat" on the claim for 2 years before certifying it to the BVA.  This is one main reason for Congress to approve AMA (formerly called  RAMP).