Mefloquine / Lariam

could anyone give us a recommendation for an expert for getting TBI and PTSD separated

Thank you always for your help. this site is truly amazing

Just wondering if we should still pursue separating the PTSD from the TBI .

 

This is what we got off of Ebenefits. didn't get the two 100% for PTSD and TBI

 

Total Combined Disability

You have a 100% final degree of disability. This percentage determines the amount of benefit pay you will receive.

 

dementia due to head trauma with mood disorder and post traumatic stress disorder, to include traumatic brain injury (TBI) also claimed as generalized anxiety, major depressive disorder

100%

Service Connected

 



07/29/1998

headaches

50%

Service Connected

 



07/28/2018

occipital area scar, skull

0%

Service Connected

 



04/22/1980

 

 

You are receiving the following compensation

SMC (L-1)Effective Date : 07/28/2018

SMC (P-1)Effective Date : 07/28/2018

 

 

You have one or more service-connected disabilities:      Yes

Include the information in this row

              Your combined service-connected evaluation is: 100%

Include the information in this row and the one below it

             

Your current monthly award amount is:

The effective date of the last change to your current award was:

$4295.97

December 01, 2018

Include the information in this row

             

You are considered to be totally and permanently disabled due solely to your service-connected disabilities:

The effective date of when you became totally and permanently disabled due to your service-connected disabilities:

Yes

July 29, 1998

thank you for all your help, hadit members

Just wondering if we should still pursue separating the PTSD from the TBI .

thank you for all your help, hadit members

Just wondering if we should still pursue separating the PTSD from the TBI .

thank you for all your help, hadit members

Hello Defenders of freedom!

I have a question pertaining to this denial for headaches. The decision letter is quoted below. 

 

3. Service connection for headaches.

"We may grant service connection for a disability which began in military service or was caused by some event or experience in service.

Your STRs are negative for any treatment of or diagnosis of headaches. On your post-deployment exam in 2005 you denied any headaches. On separation, you denied any headaches. VA treatment records are negative for any treatment of or diagnosis of headaches. On VA exam, the examiner stated there was no evidence of any residuals of a traumatic brain injury.

We have denied service connection for headaches because the evidence of record fails to show this disability was incurred in or caused by military service."

From my understanding these 3 points must be overturned to successfully win a CUE case:

 (1) either the correct facts, as they were known at the time, were not before the adjudicator or the statutory or regulatory provisions in existence at that time were incorrectly applied; 

(2) the error must be undebatable and of the sort which, had it not been made, would have manifestly changed the outcome at the time of the prior determination

and (3) a determination that there was CUE must be based on the record and law that existed at the time of the prior adjudication in question.  

@Berta, or veterans out here who have knowledge/experience, tell me what facts you think would be needed to prove this denial for headaches was an error?