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  • 14 Questions about VA Disability Compensation Benefits Claims

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    When a Veteran starts considering whether or not to file a VA Disability Claim, there are a lot of questions that he or she tends to ask. Over the last 10 years, the following are the 14 most common basic questions I am asked about ...
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  • Can a 100 percent Disabled Veteran Work and Earn an Income?

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    You’ve just been rated 100% disabled by the Veterans Affairs. After the excitement of finally having the rating you deserve wears off, you start asking questions. One of the first questions that you might ask is this: It’s a legitimate question – rare is the Veteran that finds themselves sitting on the couch eating bon-bons … Continue reading

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Question

Ok I thought I give you update. Depression, TBI claim is deffered until I have a PTSD exam done. That exam is next week. Do you think my stressor might have been verified? Also why would they defer my tbi and depression until after they have a ptsd exam? Any ideas? Could they also be trying to say the depression is from ptsd and if they dont verify the stressor they can deny my claim saying the depression is from ptsd and not tbi? there c&p doctor for tbi exam said its at least likly as not caused from TBI. So what are your guys thoughts? Also my primary Dr. did say she cant say if my symptoms are from TBI or PTSD. So I not sure what to think. Also if PTSD comes back and it says that it cant be 100% sure either if its TBI or PTSD would teh rater go with the most disable one?

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Ok I thought I give you update. Depression, TBI claim is deffered until I have a PTSD exam done. That exam is next week. Do you think my stressor might have been verified?

I have no idea.

Also why would they defer my tbi and depression until after they have a ptsd exam? Any ideas?

Because all 3 have to do with MH - and you only get one rating for MH

no matter how much MH disability you have. They should rate by the most predominant one.

Could they also be trying to say the depression is from ptsd and if they dont verify the stressor they can deny my claim saying the depression is from ptsd and not tbi? there c&p doctor for tbi exam said its at least likly as not caused from TBI.

Well I personally would believe the C&P examiner that states the depression is due to the TBI - then stressor verification is a moot point.

So what are your guys thoughts? Also my primary Dr. did say she cant say if my symptoms are from TBI or PTSD. So I not sure what to think. Also if PTSD comes back and it says that it cant be 100% sure either if its TBI or PTSD would teh rater go with the most disable one?

A claimant IS SUPPOSED to be awarded the maximum possible according to

the medical evidence and 38 CFR Part 4 - Schedule of Rating Disabilities.

jmho,

carlie

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TBI and PTSD have to rated separately.

I think the VA could easily attempt to rate one of these conditions without developing a claim for the other one.

But in your case it seems the VA doc has already stated the depression is from the TBI.

"Also my primary Dr. did say she cant say if my symptoms are from TBI or PTSD."

The VA has a full gamut of testing to assess the presence of TBI as well as PTSD.

TBI is rated on it's residual's and PTSD is rated with a % as to how it affects your employability.

At least they have deferred the depression, TBI part- and deferred is much better than denied.

The stressor- I have noticed that VA in some cases has never attempted to verify a stressor with JSRRC.

There are remands at the BVA due to that error.

Have you attempted to verify the stressor yourself or to directly contact JSRRC?

I have posted their contact info here- will search for it.

The TBI- is this event that caused the TBI fully documented in your SMRs or military personnel records?

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Department of the Army

U.S. Army & Joint Services Records Research Center (JSRRC)

7701 Telegraph Road

Kingman Building, Suite 2C08

Alexandria, Virginia 22315-3802

Telephone number: 703-428-6801

I am sure they could verify if,in fact, the VA has attempted to verify your stressor and maybe this has been accomplished already.

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ya berta the head injury is in military recods getting 10% for a scar from the fall right now. the ptsd I did submit my criminal history showing before and after military. Isnt changes in behavioral a way to not verify it but give a reasonal doubt it happened? Prioer service no criminal record. But within 30 days of getting out I got charge with open container and than goes on from there. I find it weird the VA added the PTSD on my claim when I asked for reconsideration but they lumped it all in one. I was told that its all deferred waiting for the ptsd exam and than it will be finish as soon as they get the ptsd exam results. And I called the VSo and told him yank ptsd off the claim cause if they cant verify the assualt it be denied and he said well ill i can tell you it was deffered back for development and i can take ptsd off the claim but i would suggest that you dont second guess the VA and leave it on.

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