denial Service connection denied…unsure why.

[BionicVet]

I have attached my denied claim for migraines. I have many docs I can attach. I.e buddy letter from my mother ( fractured skull prior to military), and also squad leader that mentions bad landing on military jump service connection ( knocked out). Military entrance exam showing fractured skull. VA NEUROLOGIST stating service connection. Sick call slip headaches. There is more but
post. But I’ll start with the ones attached. I don’t understand the reasoning for denial . They have rated me earlier with SSD. Aalso they show a history of risk factors … and if you look at my disabilities the denied me hypertension , musculosketal pathology of the cervical spine and chronic opioid use (because of my service connection disabilities) … is that not oxymoron.. no pun intended. Did I make a mistake filing as a secondary to ptsd? I could have filed for a Tbi service aggravation.. but if they won’t service connect me for this than who knows.

Any input would be great. I won’t post everything I have but this seems to warrant service connection

if I did not redact anything please let me know.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Edited June 30, 2021 by BionicVet
Not redacted

[El Train]

If you got knocked out and it's in your records, you have a TBI claim.  Once my TBI claim was established, they automatically sent me to a C&P for headaches.  I got 10% without much evidence.  TBI is not an easy claim.  It would help if your Neurologist would link your headaches to your TBI incident.  I had an MD and a Psyc. Dr. do an initial assessment for TBI to get my claim going.  

You are service connected for PTSD.  This is fine.  They did 3 different C&P's for my TBI claim and 2 additional C&P's for PTSD to try and differentiate the symptoms.  I ended up with 100% PTSD and 70% TBI.  They combined them for 100% PTSD with TBI.  They separated headaches, and missed a couple other symptoms (eye issue and smell taste issue).  But that's ok.  I'm 100% P&T with SMC-S.  TBI's and headaches go hand in hand.  More so than PTSD in my opinion.  Hit me up if you have any other questions, since I've been through the wringer with TBI/PTSD claim.

[broncovet]

It says you are missing "Caluza element number 2"...an "in service event or aggravation", and, Caluza element 3, Nexus.  

In a nutshell, you need to appeal to the BVA, like about 80% or so of the other Vets who were denied and have to appeal.   

You "may" need an IMO/IME with clearer nexus which would point to the in service event.  

Welcome to the VA hamster wheel of delays, denials, lowball, and hornswaggling the effective date.  You have to keep fighting. 

[BionicVet]

Thank you, let me write something up and post it here give me a few days) so it maybe makes  it understandable (if I’m capable lol).on the “Caluza’s”. Because if I can make it clear here maybe it can help me tell a story to is going to look at it in the future. What is good though is I received acknowledgement today that my CD c-file is on the way from my January request. So I can see what they are looking at. With the migraine claim, I went to a c&p then they did another c&p (records only) with a doctor that had “41” years experience…as they stated. I do not know what the the dbq’s state. 
But looking at the info I posted. The  VA denial  letter stated that 1: chronic opioid use, well that’s because I take opioids because of my  Loss of use right arm, and neuropathy of my left 40 percent (which I am fighting) should be loss of use as well. No bilateral percentage either. Secondly hypertension which they denied and my neck which they denied…Does that letter not state they are denying my claim because I have those underlying causes. I am also rated metal health for somatic system disorder PAIN.

more to come, any suggestions will help… should I claim Tbi? or don’t go down that rabbit hole. They also denied aid and attendance for my wife because I do not fall into the time frames they require. 

[broncovet]

Yes.  If you have been diagnosed with TBI, then file a claim for it.  Do you have a local person who can help you, that is, a Veterans Service Officer?  These are available in most VA Medical Centers.  There is no good reason to exclude TBI, if you have symptoms and a diagnosis of TBI, if you think its related to service.  

Are you currently employed?  If unemployed/unemployable, then you can also file for TDIU.  

If your TBI symptoms are somewhat severe, then you may well need claims assistance.  

Dont feel like the lone ranger, man/most of us have gotten denied more than once.  I have been denied ten or more times, in various Regional Office and Board decisions, on various claim issues, such as service connection, disability percentage, and effective dates.  VA has fought me "at every step", but my persistence has paid off, and I have received pretty much all my benefits, 100 percent plus SMC S.  Incredibly, however, I am still due dependents compensation and dispute the effective date of SMC S.  

[Buck52]

You will need a Dr to help you, what is going to hurt you get service connected for head trauma or TBI  is this statement

'' (  I fractured skull prior to military),They will more than likely use this against you in  trying to service connect the TBI.

HOPEFULLY I  AM WRONG, However  TBI can cause numerous of other  disabling medical conditions to arise later on in life.

Edited June 30, 2021 by Buck52