Jump to content
VA Disability Community via Hadit.com

VA Disability Claims Articles

Ask Your VA Claims Question | Current Forum Posts Search | Rules | View All Forums
VA Disability Articles | Chats and Other Events | Donate | Blogs | New Users

  • hohomepage-banner-2024-2.png

  • 27-year-anniversary-leaderboard.png

    advice-disclaimer.jpg

  • donate-be-a-hero.png

  • 0

Newbie To Forum And Looking For Help

Rate this question


ssg_rw_brown

Question

My husband got out of the military in 05. He spent 12 years active duty with a total of 21 eyars with his reserve and guard time. he spen over a year in Iraq in from Feb. 04 to March. 05.

He initially received a rating for a knee injury he recived from and explosion in Iraq but several months later after passing out (I thought he had a stroke!)at our dinner table and being hospitalized for over a week, and numerours testing he was diagnosed with "neurocardiosyncope". Told him nothing he can really do just make sure he eats 3 meals a day , drinks a lot of gatorade, avoid stress, caffeine, and plenty of rest. Then to make a long story short we ended up at the Va and not sure how it happened but he was finally diagnosed with " mild traumatic brain injury". this was kind of a releif because we now had and answer. They did a tilt test there, and sent him to speech class to help with the memory loss.

From my prospective I had noticed a change in him since the day he returned from Iraq...I chalked it up to the war and things he had seen and done...never sleeps, when he does its on the coach because any moves in the bed wake him up, personality change, irritability, forgetfullness, changes in taste, wanting to stay alone or just with me and the kids (antisocial behavior) little subtle things that I knew were different but never occured to me what or that it was a brain injury.

Fast forwarded he received rating for 10 % for the brain injury. So total he gets 10% knee, 10% tintinus, 50% PSD, 10% Mild Tramatic Brain injury.we have put in claims for different things that came up but were denied. Chronic back pain, tried to increase the knee because of the chronic pain but they say it's nothing and he has full range of motion so no increase. Vision problem, he had 20/20 vision his whole life with no problems and now needs glasses which they say is probly from sun exposure (focusing problem and light sensitivity). I have just stumbled across this site and read with interest the new changes with the brain injury. he was rated for the TBI in September of 2008 and when we received that rating I thought it was crazy. He has a combined rating of I think 60 or 70 percent (we get like 1200 per month with 3 kids under 18). Recently we received a letter saying they were decreasing his compensation to 900 because at his last compensation visit they felt he was "improving" (PTSD) which I thought crazy because he's on meds! that's why he seems better! so i talked to a VA guy and he said to send in a letter to say we were appealing it which I got a reply last week that said because it was only a "proposal" they were not accepting it and that now since we hadn't sent in evidence to contradict these claims it was now official and if we wanted to appeal it we coud. I'm so frustrated! I don't feel that we can find any help to wade through these VA paperwork. I really feel like he should be getting more compensation but not sure how to go about it.

We did talk to a VA guy a month ago who felt he should be getting 100% and pushed him to try, and told us the form to submit but yet i'm at a loss what else to do. I feel that there should be someone to help him wade through his medical papers and find out what he needs to send in and what claims he needs to file. So far we have submitted individual claims in the past for the passing out, back pain, vision problems but all got denie....but I kind of feel that maybe it should be compiled because basically I think it all goes back to the brain injury. He passes out for no apparent reason, we never know when it is coming on but i can usually trace it back to heat, stress, pain, didn't eat that day. he passes out and then when he comes around the first time he thinks he is back in Iraq, and needs a medic, he says he has sand in his mouth and needs a drink...then he starts to cry and without going into detail goes through a lot of guilt ...eventually he will pass out again and the 2nd time he comes around he's back in the real world....i worry he will do this driving or somewhere that he will get hurt so I have always felt he should be getting more compensation but just am at a loss on how or what do do to obtain it. He does not do good with people and public situations, to much anxiety and gets very agitated very quickly but the main fear for me is the passing out. I know this is getting very long and there is so much more I would love some input on but don't want to bore everyone but plese could someone give us some advice on what do and how to go about it. Thank you for listening.

Link to comment
Share on other sites

  • Answers 42
  • Created
  • Last Reply

Top Posters For This Question

Recommended Posts

TY we had a C & P for the TBI on last Friday. The doctor was not very optimistic for a higher rating. He said he beleive everything pertained to the PTSD and nothing I site was pertaining to the TBI. Now mind you that this is the same doctor who decreased his PTSD. And he said oh he has PTSD bad. I did ask if he would be rated under the new criteria as he was rated in September prior to the October change and he said yes.

ssg,

There is another way to get him re-evaluated for a higher rating

for his TBI since he is only at 10% SC'd for it.

Prior to Oct 2008 the max for trauma to brain (itself) was limited to 10 %.

The criteria for TBI was changed Oct 2008 much more to the benefit of the veteran.

With him having so much cognitive disfunction, speech therapy etc...

I would request he be re-evaluated under the new criteria and you can request

the re-evaluation on a 21-4138:

http://www.vba.va.gov/pubs/forms/VBA-21-4138-ARE.pdf

The post Oct 2008 - new rating criteria is:

8045 Residuals of traumatic brain injury (TBI):

http://ecfr.gpoaccess.gov/cgi/t/text/text-....67&idno=38

Here's a link to a TBI re-evaluation letter I received from VA.

You have to play with it a bit to try and read it as it posted really big.

Just use your up - down and left - right arrow keys to read it.

http://www.hadit.com/forums/index.php?act=...ost&id=2628

Hope this helps a vet.

carlie

Link to comment
Share on other sites

I had him call his speech doctor and ask if she was putting in for the neuro , she said she had not but would do that at his request. So we just wait for the appt. time now to arrive int he mail. I am thinking I should send int he form request they wait for additioanl informaiton to decide his case. Any thoughts? until the neuro exam is done at least.

You can report the provider to the VA. This usually gets their attention real fast.

Stephen

Link to comment
Share on other sites

I had him call his speech doctor and ask if she was putting in for the neuro , she said she had not but would do that at his request. So we just wait for the appt. time now to arrive int he mail. I am thinking I should send int he form request they wait for additioanl informaiton to decide his case. Any thoughts? until the neuro exam is done at least.

I personaly would request they wait for the additional information. From how it sounds it went at the TBI C&P he will get lowballed on the rating. If the neuro-psych testing shows anything substantial, wich I feel that it will, you will want to request a new C&P. Also, at some point, you will want the speech theripist or other treating psychologist to report on his functional impairments based on the tests so you have more than a poor C&P exam for the rater to base a rating on. Even if the C&P was good, the rating is still restricted without the tests.

One of the other issues I couldn't bring up yesterday(I was having a bad 'head' day) is the headaches. I see that his claim for headaches was denied but I feel he should be able to get SC for them as a residual of the TBI. DC8045 states in part that residuals of headaches(migraines is a better word) should be rated seperatly under the DC for migraines. I reccomend he see a neurologist for diagnoses and treatment for the headaches. Mine are diagnosed as post traumatic migraines. Migraines can be rated up to 50%. I don't have a rating for them but I was rated under the old law and don't see a good reason to be re-evaluated. This is another reason to delay a decision. A diagnoses for headaches DUE TO trauma.

I probably have more to say, but I'm having a hard time keeping up with this thread it's moving so fast.

One thing is, thanks for taking care of your veteran.

There is a topic in this TBI forum titled TBI Survival Guide. It has a link to a free book that may give you better insight into what can go on with TBI. I have found it usefull.

Link to comment
Share on other sites

Well we got the appt. for the Neuro it's not until November 23rd.

I had him call his speech doctor and ask if she was putting in for the neuro , she said she had not but would do that at his request. So we just wait for the appt. time now to arrive int he mail. I am thinking I should send int he form request they wait for additioanl informaiton to decide his case. Any thoughts? until the neuro exam is done at least.
Link to comment
Share on other sites

Well we got the appt. for the Neuro it's not until November 23rd.

ssg,

I would let the VA know in writing that you would like the record left open at least until the receipt

of the results of this Neuro appointment. I think this can be done to preclude a decision being made without this being evidence of record.

I maybe full of it and someone will chime in if I am - but I feel confident this can be done.

jmho,

carlie

Link to comment
Share on other sites

You'll have time to do some 'homework'.

The new rating is found here:

http://ecfr.gpoaccess.gov/cgi/t/text/text-....67&idno=38

Go down to 8045. Read the whole thing down to 8046, skip 8046 and scroll down to "Evaluation of Cognitive Impairment and Other Residuals of TBI Not Otherwise Classified" for the rating criteria.

It can get confusing.

Link to comment
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
×
×
  • Create New...

Important Information

Guidelines and Terms of Use