Appeal VBA's decision with the help of a veterans law attorney, VA-accredited claims agent, or veterans service officer. VA actually has a helpful web page on the topic! ;-)
If you are in the MEB/PEB process and your TBI is unfitting file a VARR. Otherwise when your results were mailed to you there were instructions telling you how to appeal. If you are in the MEB PEB process and TBI is not unfitting then you can appeal online via E-Benefits.
Thank you all for the response. The VA MSC stated that the VBA will not order or conduct the examination. I can always request it. He stated the wait until the ratings are in. If I am found fit I would have to go through Benefits Before Discharge and start the exams again. But, I have over twenty with PTSD/MDD as referred conditions. Cervical Spondylosis, Left knee ACL Ruptured with chronic Chondromalacia patella, right knee chronic Chondromalacia patella and Fibromyalgia as addendums. I am hoping for an unfitting combat related finding.
DOS? I am Navy. My end of obligated service is May 2022. You are right about the exams. Thank you. They might try the presumption of fitness once I come within 12 months of my end of obligated service. If they do I will try to fight it.
This is what I was told from the VA medical provider that did my exam for TBI. " If you never loss consciousness or after and IED, Mortar, VBIED attack with no documentation on the DoD side you do not qualify for any rating for TBI". I have been in the general vicinity lets say 5 ft away and have been rocked but since I never loss consciousness don't qualify for a rating. I even showed a video of the suicide bomber hitting us under the bridge that we found during a raid b ack in 2003-04.... and nothing.