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    • You might want to go over this VA Fast Letter as well:  
    • You are (apparently) missing the one thing you need.  You need a doctor to say you are unable to maintain substantial gainful employment due to Service connected conditions.  Im not sure if you have that or not, but, this is what you need for IU.   A lot of times it helps also, if you are enrolled in a Voc Rehab program, where the Voc rehab counselor states, "this veteran is unemployable due to (hearing loss) and or other SC conditions.   Difficulty in communication is often a barrier to employment.  
    • Can you scan and attach here the decision for the claim you filed the NOD on as to their Reasons and Bases part and the evidence they listed? (Cover C file #, name, address prior to scanning it) If he is SC now for the DMII they should award something for the diabetic  nephropathy ,if that was claimed and if they have the private doctor's evidence on that. ...I am confused here.. "Yes filed a nod, filed19 within the 60 days. Vso thru American legion filed all.  We have copies did an iris, about 10 days ago.  No ans yet." I assume then that you are waiting on a Statement of the Case.....????   ." I have got all his lab work from the time he was diagnosis with renal failure.  His Vso  to wait till we rec docket number, otherwise it might get lost without it. However, we ar still waiting on that. Of course it is like everyone else, by the time they get around to rating it, you are  et etc etc " That does not make sense to me. If this claim was actually denied we need more info.   In my opinion, if a claim is Still at a VARO and you have more probative evidence, send it to them with proof of mailing.    Is this the claim he filed in 2012?   Is the VSO supposed to prepare a 646 and is that holding up a BVA transfer? I am lost here and probably I am not making any sense at all......because we dont know what they denied ,why they denied and when they denied.   However, once you get to the BVA (they (BVA) will send you a letter with your docket # on it, and you can send any additional evidence directly to the BVA and then check with them to make sure they have it.   Has any C & P doctor given any opinion on the renal disease yet? Was renal failure due to DMII part of the 2012 claim?  
    • You make a very good point! The C&P examiners surely must realize that they don't work at the VA of 20 years ago. Back in the 90's, I had no way to know if the examiner was being thorough or not. Now, we are empowered with knowledge here from Hadit and also are fortunate enough to have the DBQ's and C&P exam questionnaires available to us online. If C&P instructions say to measure something, the examiner better measure it. With the rating criteria we have, even 1 mm could mean make a difference in your rating. If I ever have to go back in for another C&P exam where the rating is based on a measurement or ROM, I will ask if they have their ruler or goinometer. If they claim they don't need one, I will be like oh yes you do. You don't have one? Here, you can borrow mine. If they still refuse, I would ask for a new exam with a competent examiner who knows how to follow the regulations.
    • Gastone, or Berta,. Or anyone else wharT are your thoughts.





DEWY

Tbi C&p

23 posts in this topic

I filed a claim over a year ago which the VA is still adjudicating for Menier's disease, although they all tell me they think it's Menier's disease they keep testing for other causes of my reported sympmtoms (i.e., migraines, etc). I received a call from the people handling my case stating that, after review, they feel my symptoms are indicative of a TBI and asked to file a claim for TBI on my behalf. I agreed. The problem is this; I'm a Viet Nam Viet and my head wound occured in 1968. I now have an upcoming C&P appointment for TBI and upcoming appointments with ENT for my pending Menier's claim (i.e., they have already awarded me 30% for labyrithisis but have agreed to revaluate after ENT gives a Dx for my condition).

My questions are: What should I expect at the TBI C&P, will it cause confusion with my current ongoing claim, and was it prudent at all to file a claim for TBI (...I was told at the time that my head injuries were temporary and was sent back to field duty after a couple months of hospital/bed rest).

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My questions are: What should I expect at the TBI C&P, will it cause confusion with my current ongoing claim, and was it prudent at all to file a claim for TBI (...I was told at the time that my head injuries were temporary and was sent back to field duty after a couple months of hospital/bed rest).

DEWY,

TBI in and of itself, was not even a VA disability issue until 2008.

Prior to that there was a 10 % max on simple brain trauma under diagnostic code (DC) 8045.

Any other residual disability from brain trauma such as seizures (for example) were to

be rated separately.

The C&P exam for TBI can be found at the following link:

http://www.vba.va.gov/bln/21/Benefits/exams/disexm58.pdf

Rating criteria for DC 8045 Residuals of traumatic brain injury (TBI) post Oct 2008 can be found at the following link:

http://edocket.access.gpo.gov/cfr_2009/julqtr/38cfr4.124a.htm

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Dewy;

In 1975 I was awarded service connection for post tramatic seizures

and over the last 10 years or so my medical records have stated seizures secondary to TBI so I applied for service connected TBI my C&P was in october and the results were tramatic brain injury is service connected I have yet to recieve an official award but there is no reason i should be denied I had service connected head injury in 1967 and 1972 back then TBI was not the thing

what they look for is mental as well as psysical cranial nerve dysfunctions,concentration,stamina,cognitive disorders as well as depression ext...The C&P examiner may give you a good report and defer you for a complete neuropsychological assessment which might last for 3 or 4 hours.... It has been 40 years and they are saying my 100% seizure disoder in secondary to my TBI so why should i not be SC for this and maybe even at an earlier date i have peripheral neuropathy,radiculopathy and myelopathy several other disorders they say are related to my head injuries

that is why i applied for it just in case one day i am paralyzed because of these conditions i can make a claim secondary to this............

thank you

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What exactly are the seizures that you are speaking of, I occasionally have a tremedous pain on the left side of my head (brain) that feels like a spike was driven into it that seems to paralyze me for a second...is that something like a seizure or are the seizures that you're speaking of heart seizures?

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Seizures as in epilepsy from head injury.

I am 40 % SC for this.

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I am a Vietnam Veteran 68-69. I suffered a large explosion near Chu Lai in 1968. After years of going to many doctors for fatigue, headaches, bladder problems etc. my doctor sent me for a brain MRI. They found a problem and said it was due to trauma. I have filed for TBI. I submitted my medical information to the VA with my claim and and now in progress. I am currently 10% tinnitus and 50% PTSD. I also have sleep apnea which can be caused by TBI. It has been a long time since Vietnam and I don't know how my claim wil be received by the VA. Anyone have any thoughts?

Take Care.

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