C&P exam wasn’t listed?

[Bluntly]

Greetings to all and hope all is well. Recently I’ve been granted service connection for tbi from the BVA this year and had to attend 3 exams after. All 3 was in regards to my tbi which the exams were for ptsd, tbi, & migraines. After all my evaluations the VA decided to combine my tbi with ptsd which didn’t change my overall % and only gave me 10% for tbi. When I read my letter it only mentioned 2 exams and not the one for migraines, why are the residuals of tbi which are migraines missing from the letter? 
 

It’s not even mentioned or anything and only talks about tbi & ptsd. To be proactive I decided to of course appeal and put in for a higher level review. It’s a list of things I disagree with but the one that’s confusing me is the missing exam. I believe I should have a new rating for headaches just like they did with the ptsd/tbi.

As it stands I’m 0% for headaches and been like that since I got out in 2009. It’s like they sent me to an exam for no reason and I don’t get it. Had this happened to anyone? I had to do the supplemental route for increase on my headaches a couple months ago. Just felt like that was unnecessary when I should have a new rating for it when they decided to combine my ptsd/tbi. Still waiting on a decision for the increase & the higher level review, thanks for listening as any insights or replies are appreciated.

 

[Dustoff1970]

I just now sent you a PM.

Edited July 9, 2023 by Dustoff1970

[pacmanx1]

12 hours ago, Bluntly said:

To be proactive I decided to of course appeal and put in for a higher level review. It’s a list of things I disagree with but the one that’s confusing me is the missing exam. I believe I should have a new rating for headaches just like they did with the ptsd/tbi.

Since you already filed an HLR, you are going to have to wait for your new decision and to see if the VA will grant you an increased rating for headaches and if not, you are going to have to file an appeal to the BVA. 

[Bluntly]

42 minutes ago, pacmanx1 said:

Since you already filed an HLR, you are going to have to wait for your new decision and to see if the VA will grant you an increased rating for headaches and if not, you are going to have to file an appeal to the BVA. 

Thanks again for your time and reply. I just hope I can address it on my higher level review because it wasn’t an option for me to appeal my headaches. Which is why I put in for an increase in the supplemental lane. As I said before it wasn’t written in my decision letter so when I put in for the Higher level review headaches wasn’t an option to appeal but others were.
 

Hopefully it can get address because I believe it’s within the scope of the same claim even tho it wasn’t addressed in my application. I have no problem returning to the BVA because that’s where I feel I get my justice. Semper Fi to All and enjoy the rest of the day.

Edited July 9, 2023 by Bluntly

[Bluntly]

Just following up with an update as of today my supplemental claim for increase headaches changed this morning to preparation for decision. I guess people do work on weekends lol it stayed at the development phase for well over a month. Hopefully I can check back with y’all next week with the good news, I hope y’all continue to enjoy & have a great weekend.

Peace & Love

Semper Fi!!!

[broncovet]

I hope it works out well for you.  Its not all that unusual for VA to "just not address" one or more issues.  They did that to me, also.  

Do remember, in the future:  

HLR specifically is for "no new evidence" and the missing exam could be/is new evidence.

[Bluntly]

1 hour ago, broncovet said:

I hope it works out well for you.  Its not all that unusual for VA to "just not address" one or more issues.  They did that to me, also.  

Do remember, in the future:  

HLR specifically is for "no new evidence" and the missing exam could be/is new evidence.

Appreciate the feedback as always. This just felt like a strategic move on the Va behalf to leave it out. But I’m glad to know I did right by requesting an increase while still waiting for the HLR. Which seems like the increase maybe decided before the HLR.