timetowinarace

I respect that you disagree with me. I knew most would. I don't know how to word this without it seeming ignorant on my part, but I don't feel I need to "read between the lines" to infer that they mean anything other than what they say. He also doesnt say anything about "ignorant jerks". I suppose I could put anything between the lines untill I see what I want to see. Not trying to be a smart azz, but if people wanted to, they could say "if you read between the lines at Hadit, they are telling people how to cheat the VA". We shouldn't read between the lines. It happens to be true that the lesser skilled class file more claim. Why? We fill the majority of the services. A small percentage of the higher skill population give up their 6 digit incomes to join the military. I'm not so thin skinned to think that I am being insulted because I am of the lower skilled class. Are there more enlisted who are sick/injured than officers. Yep. There are more enlisted to get hurt. The only comment they made that is without basis is the one about VN veteran claims hurting future claims. They don't explain their reasoning behind so it's hard to know what they meant.

Well, I'm sure I'll get flamed for this but,,,,,,,, I agree with the findings for the most part. Now I better explain myself. I'll start by reminding everyone of this statement: "Frandsen and his colleagues said they are not suggesting that veterans are committing fraud". The reason I agree, for the most part, is because they are simply saying the increase is not comming from Health related concerns, wich in my eyes is true. My position is that the VN Vets have the same health issues, at the same rate but because these issues are NOW more widely recognised and changes made within the VA have made it more worthwhile to fight for compensation. In other words, more veterans are not getting sick, more of them are recognised as qualifying for comp. This will be the same for GW vets. In the future, GWI will become official within the VA. More doctors will recognize it and VA will 'loosen' it's regs to SC GW vet's. More GW vet's will get comp. It won't be because more GW vets get sick or sicker. It will be because as more of them are SC for their illness, others will come forward that have not wanted to fight for something most people don't believe in right now but will be willing to fight the 'easier' fight once it is reccognized. Here at Hadit, I am seeing this with TBI right now. Now that the regs have changed, and more doctors understand the consequences of TBI, more older vet's are being diagnosed and are filing TBI claims. It's not that these veterans are getting sicker or there are more of them, it is because it is now possible to get more than 10% max for their problems. Now I don't agree with everything in the report. Actually, it's some of the conclusions they make that I don't agree with. But I don't take these things as being 'anti-VN Veteran' but a lack of insight on their part. Take the example of IU. I agree with the findings that IU is being handed out more freely, the numbers support that. But what they are overlooking or not aware of is that the current ratings for mental conditions makes it very difficult for a veteran to qualify for 100% even if he/she is severly impaired or that a person with multiple rated disabilities will not get to 100% because of VA math no matter how much the TOTAL of those disabilities effects them. In basic terms, IU claims have increased because the rating codes are still inadaquate. Sorry for the long post, but I thought I should explain why I agree with most of their findings. I don't see this as a shot at VN veterans. I think they ran the numbers and their conclusions are based on a very limited knowledge of the regs. They state many times that they 'are not suggesting anything'. The same thing could be said of GW vets in the future or TBI vet's now. I think if they apply their number's to the reccognition of illnesses and injuries that were not reccognised(or was doubted) in the past, they could come to more concrete conclusions.

I know lots of healthy unemployed people that got a 100% decrease in their pay this year. I feel pretty good about the current COLA system.

The sad part is that it's been well over a year since GWI was officially determined to be a 'real' illness. Gulf War veterans should be getting Gulf War Illness diagnoses and there should be a diagnostic code for it by now. We are getting shafted, pure and simple. If doctors would get up to date with last years findings and the VA/congress would update USC to include the illness, it would solve some of the SC problems. I suppose that is why it isn't done. GWI is this generations AO. It will be many more years before it is reccognized.

This won't go anywhere and Rep. Eliot Engel knows it. But, he can campain on it in his next election. Pure publicity.

Do you have a copy of your tbi C&P? That is what you need. If I was you, I would request a copy of your c-file now if you don't have it. All the information you need to know what is going on with your claims is in there. Untill you know what the C&P examiner stated in the report, it's impossible to know what the rater based his decision on and what was ignored.

I'm also a GW1 veteran with GWI symptoms. There are allot of poeple that feel GW veterans children are having allot of health problems. However, it has just been a bit over a year since Gulf War Illness has been declared an official illness among veterans and it is still not recognised by the VA. At this stage, the powers to be are still denying that GW veterans family members are having any more health problems than the rest of the population.

My memory isn't that good, but didn't you have a tbi claim? Go to the American Veterans with Brain Injuries web site. There is a link to it in the tbi forum. Post a mesage on the forums and maybe visit the chat room. The site administrator-founder of the association, is in florida and is very knowledgable and helpfull to tbi vets and may have good contacts in florida. She has gone through the proccess with her son. Okay, I checked. It seems I'm rememdering the wrong 'tanker'.

I almost lost my home waiting on the VA. It's a VA home loan. I called the VA home loan people and guess what? Nothing they could do but send a letter to VARO to ask them expidite my claim. The article is propaganda.

I tease my wife about our short fat mare. I tell her she's the first to be on the menu.

I see your at 80% and you said "tbi upgrade". Are you already SC for the TBI?

Last year tbi letters went out to anyone with a DC8045 rating under the old laws. If this is the one you recieved. The letter is an offer to re-evaluate old TBI ratings for a higher rating. I recomend doing it, even if your already 100%. It may lead to SMC. No, there will be no COLA increase. I havn't made any COLA this year. Paid cash for my '06 dodge 3500, a four horse trailer and customised '02 Fatboy(show winner) when I won my VA and SS claims in '06. The only debt we have is the house and we overpay each month so if something was to happen in the future our house will be paid for. The added benifit is the 20 grand we have saved in interest so far. No credit cards. Bills are for services only. Our weakness is the horses. They are expensive.

Dave, Sorry no one has replied to your last posts before now. I've been out of town for a week. Okay, your rating will be based on your C&P exam. We need to know what the C&P exam states for the facets for most of the information you need to procceed. Because your decision letter does not mention your neuro-psych testing, I'm wondering if the C&P examiner had it and why it was not refered to. It does not matter wich head injury they refer to, or the severity of the head injury at the time of the injury for rating purposes. Don't worry about that. Your rating will be for your current functional impairment due to any and all head injuries in service. If they only refer to one, that is fine, because all they need for service conection is one. If you asked to be rated for behavioral in the original claim and it wasn't addressed, it would be better to appeal than file for increase. To get an increase for a condition, you have to be rated for it and you are not rated for a mental disability yet. Also, you need to keep the earlier effective date of the original claim. Do you have a service officer? If you don't, get one. Go to your service officer and appeal everything. Appeal the rating under 8045. Appeal the ET's. Appeal not being evaluated and rated for mental. Do not file for increase, this is bad advice from IRIS. If you don't have a copy of the C&P, get one. We need to know what it says. I feel you may have had a bad C&P. At this point, with a fresh rating and denial, I think you should request your whole C-file. It will include the latest C&P.

Again, the answer is yes. Actually, the previous criteria stated this "This 10 percent rating will not be combined with any other rating for a disability due to brain trauma." The 10% rating could be combined with other ratings not related to TBI under the old ratings. Just not combined with other ratings for TBI such as Dementia or paralysis. With the new criteria, the ratings can be combined whether they are from TBI or any other unrelated disability as long as symptoms do not overlap. It may be helpfull to take a list of symptoms. The new C&P for TBI can be fairly thorough if done correctly. Have you had neuro-psych testing? If not, it is unlikely to get higher than 40% under the new criteria. Impossible to get higher than 40% in some facets without testing.

I believe the short answer to your question is yes. You can be rated up to 100% under the new criteria DC8045. You can also have seperate ratings for things like mental disorders(depression, anxiaty, ect) and migraines caused by your tbi. Now for my standard question. Have you had neuro-psych testing?

Nice helpfull post. Not. This veteran is happy with the way his claim is moving along. Why stomp all over his post? Why throw in some random scare tactic? Did he ask about shredded evidence? Your rants about shreddergate in every post you make, stomps all over people's threads. This forum is a place to offer sound advice and/or support. Your rants do neither. Start your own thread for shredded/lost documents if you like. rdnkjeeper, good luck with your claim. I'm glad it's moving along for you. It does seem the VA is moving a bit faster for some.

Nice!

I can't be sure what he means by secondary rater. I would tend to think that this is good news though, at least partly. It sounds like your claim has been rated(granted) and is waiting a 'second signature'. This is just a guess though. Useing third hand information(the guy on the phone is getting info from computer and your getting info from him) my guess may not be very good. I would give it some time. Good luck.

TBI claims are complicated. I don't completely agree with the way facets are rated. Considering there are ten facets, each with it's own rating criteria, and the end rating is the highest rating of ONE of the facets. In the end, we are rated for one of our residuals under DC8045. We do not get rated for the total of the facets. This is a long statement to say, some of the things they missed may or may not help with your over-all rating under 8045. The higher ratings tend to come from neuro-psych testing. Without reading your test results, I couldn't hazard a guess as to a rating. I also can't tell if the examiners finding of moderate TBI is a comment on the type of tbi at the time of injury or meant as functional impairment. Mild, moderate, severe TBI designations are often used to descride the type of trauma at the time of the injury and are not used for rating purposes. Mild, moderate and severe functional impairment is what is being looked at for rating purposes. Do you have a copy of the tbi C&P? This will give you more insight to how each facet was assigned. It's not uncommon for the VA to ignore other conditions when they have rated one. You need to appeal the depression and make them address it. I'm not sure I would pursue the exacerbation of ADHD. The main reason is that memory and attention deficits are included in the first facet of the rating criteria for tbi and will be considered anyway. I would think that it would have been better if VARO did not know about the pre-service condition. Often times, they will use such a condition to deny or lowball a claim.

Don't know what it's about.

Sec. 4.15 Total disability ratings. The ability to overcome the handicap of disability varies widely among individuals. The rating, however, is based primarily upon the average impairment in earning capacity, that is, upon the economic or industrial handicap which must be overcome and not from individual success in overcoming it. However, full consideration must be given to unusual physical or mental effects in individual cases, to peculiar effects of occupational activities, to defects in physical or mental endowment preventing the usual amount of success in overcoming the handicap of disability and to the effect of combinations of disability. Total disability will be considered to exist when there is present any impairment of mind or body which is sufficient to render it impossible for the average person to follow a substantially gainful occupation; Provided, That permanent total disability shall be taken to exist when the impairment is reasonably certain to continue throughout the life of the disabled person. The following will be considered to be permanent total disability: the permanent loss of the use of both hands, or of both feet, or of one hand and one foot, or of the sight of both eyes, or becoming permanently helpless or permanently bedridden. Other total disability ratings are scheduled in the various bodily systems of this schedule. I think this section speaks for itself. It applies to all disabilities, physical and mental. Any veteran who has recieved a lower rating with a decision statement that it is because they are working should appeal and fight to the end if they qualify for the next higher rating by average impairment in earning capacity.

Rob, The simplest answer I can give you is to not worry about the VA and working. After you retire and get civilian employment, you will not qualify for TDIU. Forget about TDIU. It does not apply to you at this time, nor will it apply to you when you are rated. You may work at any percentage the VA rates you from 0 to 100%, for any disability. Feel free to work as much as you like and apply for VA benifits. In your situation, neither will affect the other.

Rob, There are those that disagree with me, but there is no law stating that a 100% disabled vet(schedualar) cannot work. Not for physical, not for mental. It is an 'opinion' of many vet's that a 100% mental vet cannot work. Just an opinion. I feel you do not have to worry about this. If you want to work, go ahead. Your rating will be based on your functional impairment, wether you are working or not. You may get a lower rating as working may show that you have less of a functional impairment. To answer your question, cognative disorder due to tbi is not rated under the "mental" rating critearia. The rating will be based on neuro-psychological testing. What the tests show, is what you will be rated for. Unless you have MDD, or anxiaty or another MH issue, you will not be rated in any of the DC9000 series codes. Even if you do get one of these MH ratings, it's likely won't be 100% on it's own. It will be a seperate rating from the DC8045 rating.

blanco63, I'm curious to know if you had a head injury or cuncusion in service. The reason I ask is that PD and adj disorder DX's were common misdiagnoses for TBI in the 80's. You have allot of different MH DX's much of what might now be seen as a personality change and cognative disorder now known to be common with head injuries. Migraines, chronic fatigue, and chronic pain are also possible indicators of TBI residuals. If you havn't had anything that could have caused a cuncusion then you can disregard this post. But if you have, and something shows in your SMR's, all your conditions could be comming from one source including your migraines. You could get a decent rating.

Wrong forum. Cruser is at VBN. Someone else here may be able to help though.