RAMP decision seems wrong

Question:

I just received a decision through the RAMP process that has left me questioning whether the VBA has any real interest in my case. Although 5 issues were on the table,  only two were addressed. TBI and PTSD were finally separated from each other and rated individually. But TBI was set to 0% and PTSD to 70% up from 50%. Sleep apnea (new) was also rated at 50%. So far so good. But I noticed VHA has taken a bow about how good they are about treating PTSD when, in my experience,  have no real answers in treating a mild consitution of TBI. I’ve been treated in the private sector somewhat successfully for TBI but when very serious issue such as Parkinson, dementia, even Alzheimer's have got me asking why is the VBA giving 0% and over emphasizing PTSD but poo-pooing TBI. Service connection was granted for TBI at the BVA in 2016,  but this recent RAMP decision clearly wants to emphasize a treatable condition but doesn’t want to touch a core condition that they don’t have any real answers for. What are your thoughts?

Jim's Reply:

We understand your confusion all too well. At every level of the Department of Veterans Affairs we're left wondering, "What just happened?" The toughest part is that they don't really attempt to describe what went into the process of making decisions that have such an effect on the individual veteran. There are SOC's (Statement of the Case) but too often those ramble and are filled with copy/paste phrases and language that isn't at all helpful.

Unfortunately, in your case, we haven't any clue as to why they decided the way they did. To really understand that we'd have to sit with the Administrative Law Judge (ALJ) who signed off on the decision and ask questions. Of course that's not possible so your best bet is to appeal anything that isn't correct in your assessment of the benefits you've earned. To appeal and appeal again and then appeal again isn't at all unusual at VA. The process stinks but it's what we have to work with...multiple appeals over years are sometimes what it takes.

Good luck.

 

9-4-2018