New rating?

[Bluntly]

Greetings hadit family finally received my new rating on tbi that was a Bva remand and service connected on January of this year. Since service connection I had to attend 3 c&p exams in regards to the tbi, which were the following tbi, ptsd, and headaches. Today I received my new rating decision which they combined my tbi with ptsd but this didn’t change my overall percentage(70%). No increase on the ptsd and just 10% for the tbi.

In my rating decision it only talks about the tbi and ptsd exams with no mention of the headache exam. The headache exam was for residuals of the tbi, which was the last exam I did but no new rating in the decision letter in regards to that c&p exam. My question is how come I didn’t get a new rating for my headaches? Which is currently at 0%. Why send a veteran to a c&p exam if you’re not going to rate him? Thanks for your time and replies as any insights are appreciated as I figure out my appeal approach.

Edited May 16, 2023 by Bluntly

[broncovet]

There is an exceptionaly wide range of skill level and knowledge among VSO's.  

Some may actually understand VA laws better than a rookie attorney, inexperienced in Veterans law.  

Others, may have to have help in tying their shoes, or mess that up.  

Here is the problem, Highly skilled VSO's with an awesome record of helping vets win benefits are often so busy, they dont accept new claimants.  

However, rookies with no experience or knowledge, or lazy or incompetent VSO's usually have plenty of time to see you on their schedule.  Vets talk to each other and say, "Oh, hire this VSO, he knows his stuff", or Joe VSO wont return your phone calls because he is always drunk at the VFW beer hall.  

Often, when we go to see a VSO, we are directed by the secretary to a VSO who has an "open schedule".  Better is to wait for a pro VSO even if you have to wait 2 months to see him.  

[Bluntly]

@broncovet I appreciate the insight as always. I had a talk with DAV today for over 30 mins and he couldn’t identify the evidence that VA was talking about at all. I called the 1800# and was advised to just resubmit my claim as supplemental since they have the evidence that wasn’t considered already. She didn’t know also of this so called evidence they’re talking about. So I’m going to give it one more try before I take it to the board, as we know going to the BVA will take some years before my case can be heard. I just feel like I’m being set up for another denial since I can’t identify the actual evidence that is needed in a supplemental claim. I’ll post back once I get all this situated and Semper Fi to all continuing the fight with the VA. Lol it’s kind of ironic that I served 4 years and been to combat a couple times but been fighting the VA longer going on 8 years.

Edited September 12, 2023 by Bluntly

[broncovet]

Look for evidence regarding "the basics", which are:

1.  Do you have a current diagnosis of condition claimed?

2.  How about an "in service event" you can point to that caused your malady?

3.  Is your nexus, linking 1 and 2 above, adequate?  Does the nexus contain language the VA understands, like "at least as likely as not"?  Is the c and p examiner competent in this field?  He/she should be an expert by education and experience in your chosen (disability) application.  Did your examiner give a medical rationale as to "why" he opined your condition is as likely as not from an event in military service?  Was the exam thorough, containing xrays or applicable other medical tests to confirm the diagnois?  

4.  Are your symptoms documented?  Did you show evidence of a worsening conditon in the event of an increase?  

     Im sure I forgot something about the nexus, but VA can be persnickity about the nexus.  This is especially true if another of your doctors gave unfavorable reports.  

[Dot09]

I have gone the route of a HLR in a couple instances. One in which an error of reduction was fixed and the other for an increase that was denied. I know personally choose to skip the HLR as it is a waste of time and choose to go with a fair BVA decision. As they review your information and give reasons. What’s the update on your claim and did you choose to go to a HLR or BVA?

[Bluntly]

@Dot09 I chosed the supplemental route to address my issues. Currently preparation for decision phase, as I’ll post back with an update on completion.

Edited October 30, 2023 by Bluntly