Camp Lejeune Horror Story

[Berta]

It does state "neurobehavioral effects" in the VA regulations for qualifying conditions but that term is not well defined and this would be, in my opinion, a very difficult claim to prove.

" I've read the committee's report and they seem to say there is reasonable doubt, and they will side with the Veteran."

I have read this report many times and I do not have the same impression at all

 

.But others here will read it and chime in.

 

 

 

 

[Berta]

To add, you sure might want to contact "The Few, The Proud, the Forgotten":

http://www.tftptf.com/5999.html

as they would have the latest info on the lawsuit I mentioned in a post past here as well as a discussion board.

They are very involved in the Camp LeJuene issue

[VietnamVetSis]

Thank you for the link to TFTPTF.   That's certainly the proper forum for my inquiry and I will investigate further.

Here's where I got the bit about the VA siding with the Veteran --  

The committee adopted a rule that a renal or neurobehavioral effect must be reported with statistical significance in at least one relatively well-designed study, or have sufficient strength of evidence to be considered a possible effect. In cases where the weight of the evidence was sparse but showed a positive association, or was equivocal and expert judgment was used to make the finding, the committee gave the benefit of the doubt to the veteran and family member.

It looks like they do recognize schizophrenia, PTSD, depression, suicide, bi-polar etc as being a neurobehavioral effect ... the problem I foresee is with the onset of his suicidal schizophrenic episode being so far past (7 years) his exposure at CL.   

Thank you for responding.

[Bigkevo44]

Thanks for all of your help especially Berta. This past September 2016, my case was approved at 70%. After submitting an IMO from my doctor along with all of my other medical evidence including a positive C&P exam, I was awarded. After reading the judge's decision, I am convinced that the IMO and not the C&P exam is what won.

Because I feel I am unable to hold a job, I need advice on how to approach TDIU. Should I file the IU form 21-8940 or file a NOD or appeal? I read somewhere that an appeal is the smart move, since I may be entitled to retroactive pay at 100% instead of the 70% rate. The problem is that I fear filing an appeal because they may find justification for reducing my rating.

What would you do?

[Berta]

Wow that is Great News ...another Camp Le Juene award......

Were you employed when the decision was made? If not did the VA make any statement as to why they did not consider TDIU?

It is why they went no higher than 70%, explained in the award, that has to be overcome, with evidence.

Do you get SSDI, and if so is that solely for the SC condition?

You are right about the IMO and I bet it was very thorough.

Have you consider getting another one ,if you do file for TDIU?

I would file for TDIU if I were you, and also file a timely NOD referring to the TDIU app in the NOD.But I would like to read some input from others on that, if they gave a reason for not considering TDIU.

I assume they did not enclose a TDIU application with the 70% award????

This is encouraging to know that Camp Le Juene vets are having some success.

 

 

 

 

 

 

 

[Bigkevo44]

Berta,

No I wasn't officially employed at the time of my award except for as a very part time Uber driver. No, I don't receive SSDI yet, its on appeal. I'm planning to get another IMO from my doctor.

The VA's statement says "The overall evidentiary record shows that the severity of your disability most closely approximates the criteria for a 70 percent disability evaluation... A higher evaluation of 100 percent is not warranted for bipolar disorder unless the evidence shows total occupational and social impairment, due to such symptoms as:

Listed...

The decision represents a grant that is considered to be a full and final determination of this issue on appeal.

Please advise...

Bigkevo