Ask Your VA Claims Questions | Read Current Posts
Read VA Disability Claims Articles
Search | View All Forums | Donate | Blogs | New Users | Rules
El Train
-
Posts
369 -
Joined
-
Last visited
-
Days Won
4
Content Type
Profiles
Forums
Events
VA Disability and Benefits Information
VA Benefits News
Store
Posts posted by El Train
-
-
TBI is actually pretty straight forward. You need an in service incident that caused unconscious or significant enough to be sent to medical and have a write up. That is in VA terms a TBI. The hard part is having the VA recognize it. It's more difficult if you have PTSD since they have a lot of overlapping symptoms. Don't give up if you have a TBI in you service record.
It took a sharp Neuropsychologist (performing Neurofeedback) to get to the root of some of my mental deficiencies. He said I had a TBI along with my PTSD due to a training accident in service that caused me to get knocked the F out. VA brushed it off when I brought it up. I had to get an outside IME from a forensic MD. I then took that report to a Psychologist for further write up (DBQ & Nexus). Only this got the claims ball rolling with the VA. I then got around 5 C&P's for TBI and PTSD. Once my TBI claim was established, it took them a long time to separate PTSD symptoms from TBI. When all was settled I got 100% PTSD and 70% TBI. They combined the two for 100% PTSD with TBI. They will separate some symptoms of TBI if they are present; headaches, vertigo, incontinences, etc. I got 10% for headaches.
This got me to 100% P&T with SMC-S. It's not an easy route, and you will get the MOCA test (https://www.mocatest.org/the-moca-test/) when you go for your TBI C&P. I did poorly in this test in several categories.
FYI - I had one psychologist state I was an unreliable reporter (a liar in other words). This set me back with the VA wanting to give her report credibility over 7 different Dr's medical opinions. In the end, some head Psychologist (after reading all the C&P's) deemed her the unreliable reporter and not making any sense (found all this info in my C-File). Hopefully you don't get one of these C&P examiners.
Good luck and hit me up if you have any questions. I've been there done that.
-
Like the above posters said, do your own leg work. I too bought the "The Veteran's Survival Guide" off Amazon and 2 years later, 100% P&T with SMC-S. I sought out doctors that perform IME's, Nexus letters, and DBQ's. If your going to spend money proving your claims, you can do it yourself. I've even gone out of state to see a provider who performed an in person medical exam of me and my records. That is key. I'm sure Vet Comp and Pen will do a generic DBQ signed off by some MD who never sees you. The VA may (rightfully so) give these types of evidence very little weight. BTW, the guy I talked to there, sounded like a schmuck.
If your service records or treatment don't back up what you are claiming then it will be tough.
-
My guess is he will be SMC-S & K. I have similar ratings. 100% PTSD/TBI. My TBI rated at 70%, but they combined it with my 100% PTSD which was the higher of the two. They can separate some TBI separately like headaches, Meniere's disease, etc. They can't pyramid similar items with PTSD like insomnia, depression, fatigue, etc.
To get SMC-T, he would have to be practically a vegetable that was bed bound from what I understand.
-
6 hours ago, broncovet said:
VA claims 101: CALUZA ELEMENTS. Cover those, and get SC.
Check your records to make sure: (Dont guess or "assume" this is in your records)
1. You have a current diagnosis of disability claimed.
2. You have documented an "in service event" which injured your back.
3. You need a letter from a doctor that says your "in service event" at least as likely as not caused your current diagnosis.
Beyond this, you need "current symptoms". How often do you have back pain? If you can no longer work due to SC disabilties, then you can get TDIU. Yea, I know. the waiting period from when you are not working, until VA finally SC's you, is often long. Hopefully you have a large savings account.
If you can work, keep working.
Even though you might have all three of these (like I did) the VA can deny if you don't have continuation of care after you got out (you have to have Dr. visit records). Even though I sought continuous care (up until I filed my claim) when I got out, I did not keep these records. DR's retire or destroy records after a certain amount of time. This is what got me denied. I couldn't prove continuation of care. Hopefully you kept good records.
Could I win this in an appeal? Yes, I have the means to get several Dr's opinions, but I'm 100% P&T, SMC-S. So I let them have their small victory. I still get care for my spine issues through the VA (Chiro, massage, etc.), so that helps.
-
Did you get a copy of the C&P DBQ? I had a shoddy C&P examiner that did a 25 minute C&P and wrote up the DBQ so poorly, I wrote a written complaint to the regional VARO (I did piss her off, so I'm sure this didn't help. Don't piss them off). If you complain to the VARO, chances are they will ask for a second or third opinion (in my case). A proper TBI C&P exam should take a couple of hours. TBI is difficult to assess. I credit the VA for getting multiple C&P examiners opinions. My case may be a little different from yours, because they were trying to separate TBI symptoms from PTSD symptoms. It worked out for me in the end.
-
One that got me; don't piss off the C&P examiner. Treat them with military kindness. Yes Ma'am/Sir, No Ma'am/Sir, thank you for your time and kindness Ma'am/Sir. Don't loose your cool. You get cocky, arrogant or pissed off, it won't go well. I promise.
-
I filed an NOD for an increase within a year. I had an outside Dr. fill out an IME and DBQ scrutinizing the hell out of the previous VA C&P. When I got another C&P, I handed her the report. She was not amused that a Dr. would so harshly scrutinize her colleague. Bad move on my part (should've kept it on the lowdown and let the rater decide). She wrote up her DBQ/IME in such a way to get me reduced to zero from 50%. Stated I was an unreliable reporter (a damn liar in other words). I had to complain to the VARO. Subsequently, I had two additional C&P's that were heavily in my favor. I went from 50% to 100% when all was said and done. When I got my C-file, one of the reports had the bad C&P Dr's report as not making any sense. In other words, an unreliable reporter (a damn liar). Hopefully you don't get one of these examiners.
The lesson here, don't piss off your C&P examiners.
-
They will absolutely blame drugs or alcohol on cognitive issues you may have. They will absolutely blame your skull fracture on your TBI. The will absolutely blame your employment status as not having severe enough symptoms that cause you to be unemployable.
Let's break it down. They prescribed you the drugs they are going to blame it on, for neuropathy etc. You could easily say these drugs help greatly with headaches too (I used this excuse for fibromyalgia and headaches). They accepted you in the military as being dutifully fit for service knowing you had a fractured skull and it wasn't a concern at that time (you are correct, it was aggravated by your jump accident). Your employment sounds pretty sheltered to me. Working from home with the aid of computers and such. Your supervisor (if willing), can help you establish this.
My TBI issues went unnoticed until a keen Neuro Psyc. DR. probed deeper into my PTSD issues. The VA pinpointed it on PTSD. I did the legwork on getting the TBI diagnosed and linked to a bad training accident noted in my med records. Not too much different from your accident. I found Dr's and paid out of pocket to help me with my claims. The VA is not going to do it for you. They know very little about TBI. It is beyond their scope. I don't think they acknowledge it unless your missing half your skull and bedridden from an IED blast while on duty. Most TBI aren't obvious, therefore you must be fine. Look at pro football players (Aaron Hernandez, Junior Seau).
-
If you got knocked out and it's in your records, you have a TBI claim. Once my TBI claim was established, they automatically sent me to a C&P for headaches. I got 10% without much evidence. TBI is not an easy claim. It would help if your Neurologist would link your headaches to your TBI incident. I had an MD and a Psyc. Dr. do an initial assessment for TBI to get my claim going.
You are service connected for PTSD. This is fine. They did 3 different C&P's for my TBI claim and 2 additional C&P's for PTSD to try and differentiate the symptoms. I ended up with 100% PTSD and 70% TBI. They combined them for 100% PTSD with TBI. They separated headaches, and missed a couple other symptoms (eye issue and smell taste issue). But that's ok. I'm 100% P&T with SMC-S. TBI's and headaches go hand in hand. More so than PTSD in my opinion. Hit me up if you have any other questions, since I've been through the wringer with TBI/PTSD claim.
-
Mine were combined (Even thought I claimed both separately). I believe they will go with the higher rating of the two symptoms since you have both. Kind of like my PTSD/TBI. My 100% PTSD was higher than my 70% TBI. So I got 100% combined.
-
17 hours ago, Sgt. Wilky said:
maybe I just need to talk to an attorney to help me with my claim.
Or better yet, find a forensic Psychologist to look at any treatment records, support statements from your pastor, wife, supervisor at work, mental health medications, past mental health C&P's, etc. Have them submit a DBQ. It helps if they are familiar with the VA lingo. Maybe someone like a former C&P examiner (they're out there). That's the route I took. Went from 50% to 100% without a lawyer dragging it out for years. Besides, 'IF' they took your case, they're going to find this forensic Psych. DR. and do what I just suggested. Then they'll take 20 to 30% of any back pay (plus charge you for the Psych. DR. opinion). File a NOD. You have a year to gather additional evidence.
-
Just now, mb76 said:
The VA web site doesn't work for me. I get a message that says "The document you are trying to load requires Adobe Reader 8 or higher." Can someone please tell me where I can find the latest MH DBQ?
I have it named PTSD, but I think it's all the same. They're may be a newer one that I'm not aware of, but this should cover the gist of it. Hopefully it opens for you.
-
It seems the VA asked more info (in letter form) on a buddy letter I submitted. They wanted his address and phone number. I wasn't comfortable giving out his info. I could tell he was a bit hesitant when I talked to him about it. We both declined. I got some things approved and others denied that involved the incident. Not sure it helped or not. In my C-file, they did question the buddy letter in the decision making part. Something like 'if they statement by Sgt. #### is to be believed'. That part of the claim got approved. The other part that got denied didn't mention any buddy letter. Personally, I probably didn't need it. The incident was in my medical record. I just thought it would help.
-
I put in for an appeal to the BVA Dec. 7, 2020. June 8, 2021 I had the BVA make a decision on my case. I haven't received the decision yet in the mail. It's for a higher rating back paid to the early 90's. I thought this was very fast. I was expecting years. I'll keep you updated what the decide when I get their decision.
-
1 hour ago, Remisdad said:
I had a C&P exam back in April. I had all the range of motion tests on my left hand. My examiner said she was going write quite a bit down for me but she didn't know if it would do any good. Apparently it did some good. I am currently waiting on the VA to send me a copy of that c&p exam.
How do you know it did you some good? Increases or additional claims get added? The reason I ask, I had a C&P examiner say the same thing. She said I should get the increase I was seeking. Got a hold of her C&P exam and it was a bombshell written in a way to get me decreased. I had to file a complaint with the VARO. Then the VA had me do two additional C&P's. I got the increase after these from 50% to 100%. Couldn't believe it. Hope she got relieved of doing C&P's.
-
Make sure you go to VA dental. Get them teeth fixed up.
-
4 hours ago, Scottish_Knight said:
Be happy that you receive COLA. I know that's easier written than done, but I receive no COLA. We are punished when we stay overseas. I get neither COLA nor is my dental covered under tricare. Don't even get me started on the tax matter.
No way around that? A US bank acct., US address, etc.
-
I'm going through this now. Denied in 93 due to missing records. Fast forward to 2018, I reapply due to finding the records and got approved for 80%. Hired a lawyer for the 80% back to 93. VA gave me 10% back to 1993 (small victory). So it is on appeal now. Probably have a decision in 2030.
-
1 hour ago, Mr cue said:
First you are 100 not tdiu so u can work as much as u want. With no problem
U were give a smc s because u are a 100 and have other issue that add up to the 60. Which has nothing to do with housebound.
Smc s housebound by fact which is for veterans who can't leave there home to make a income.
Like the court stated been confined to one home doesn't mean one can't leave home at all howell v nicholson
Court rule confine to one home is not been able to leave to make a income.
There are 3 way as I see it to smc s.
Bedridden 100 plus the 60 or been confined to one home.
Thank you for clarifying. You know there is another forum with a certain rater on it that says the VA (in the future) is probably going to re-access 100% Vets that are still working. Especially one's with 100% mental. I'll retire if this happens. But I sure do pay a lot of taxes in the mean time.
Sorry for getting off course.
-
I'm 100 % P&T SMC-S. 100% PTSD/TBI and a host of other disabilities equaling way over 60%. I told all C&P examiners I work part time flex. Mostly from home, and sometimes go into the office. I make good money. I'm self employed as part of the family business (sheltered employment so to speak). I doubt the VA looked into my yearly income. I never told them how much I make. They never asked. I learned less is more during C&P exams.
Prior to being self employed I got kicked out of two different colleges and fired from a host of jobs. That wouldn't change if I didn't do what I am doing now; fact! I'd get shit canned from any job within short period of time. Probably thrown in jail too. Especially after being self employed now for 16 years. It's gotten worse over the years to the point I only have a few years left if I'm lucky.
My understanding is I'm a rare case. And a head case too.
-
I found VSO's good for answering some questions, getting a hold of some C&P's exams, filing an NOD, etc. Your best advocate is you, and learning on this forum.
After two years of my own leg work and succeeding to get 100% P&T, SMC-S, my VSO was asking questions and advice from me. And he has been doing this for a long time. You see he wasn't dealing with your run of the mill Veteran who wanted him to do everything. I found Dr's to help me with IMO, DBQ,s and do forensics on my service medical records. And you can do the same. With all the info. here on hadit.
If you change representatives, they will file a new POA with the VBA. If you want to do like me, represent yourself, retain your current guy for questions only.
-
I found mine buried on page 505 in my C file. Took a year and a half to get my C file. All 3300 pages of it.
-
Well 100% non P&T I think is better than a 90% P&T. But my guess is they rate it 100% P&T if and when you get your new rating. You have too many static claims IMO not to get the P&T.
-
Dude, looks like 100% to me. All check boxes marked including total and occupational symptoms. I wouldn't ask them to do anything. They'll finish it when they finish it. You'll be rated from the time you put your claim in. Check Ebennifits. Usually it's pretty quick once they get the C&P done. Maybe covid has slowed things down.
C&P being "reworked"?
in VA Disability Claims Research
Posted
I had 5 C&P exams for TBI. I was rated at 50% PTSD. They are trying to differentiate the two overlapping symptoms they share, and separate the ones that don't. Don't be surprised if you get called in for more C&P's. They will send this info. to a head psychologist or two somewhere and let them make the final decision. Then it probably will go back to the rater. Give it time. They do want to get it right and it's very complex.
I had one bad C&P exam out of the 5. They actually had some psychologist somewhere side with her (4 out of 5 exams were in my favor). Eventually they were both overruled with overwhelming evidence. I found this in my C-file. Eventually they increased my PTSD to 100% with TBI. They separated my migraines.