Sailorman

Thank you!

This my be a dumb question, but can a appeal that is ready to rate be denied? I am not sure because it means that it means that the VA has granted my claim but now needs to decide on the rating. Am I correct?

<H2 style="TEXT-ALIGN: left; LINE-HEIGHT: 200%; MARGIN: 0in 0in 0pt" align=left> </H2>Thanks all for the support. Carlie, my current disabilities are the following: 50% Adjustment Disorder 10% each for CTS in left hand, CTS in right hand, hypertension, and right knee. I also has a 10 percent award for post traumatic headaches due to brain trauma rated under diagnosis code 8045 (which doesn’t get added in the combined rating), I also have a pending appeal for this disability that has been opened since 1996. This appeal has been remanded back to the VARO. I should hear something soon for this disability with all hope it pushes me to 100 percent.

I just received notification from the VA that I was awarded 50 percent for adjustment disorder. The VA currently have my combined rating at 70 percent, however, it should be at 80 percent because they combined my 10 percent for post traumatic headaches in the total rating. I am rated under DC 8045 for the headaches and that legislation does not get combined with other disabilities. I have submitted a statement to the VA to prompt then to recalculate my correct percentage. Needless to say, I was bumped from 40 to 80 percent.

Did the actual denial letter state that the disabilities were not on the separation exam and they actually were? Yes, it did for my back, ankles and knee conditions. When I got the denial back in 1997 I just accepted it and didn't appeal. In reading through Hadit it I thought I might have a good CUE. Thanks for your help and I will be needed your assistance.

I have a few claims that were denied in 1997. Per the statement of the case the VA denied the claims because the disabilities were not well rounded, mainly because the disabilities were not found on my separation exam. I just reviewed my separation exam and these disabilities we clearly listed on my separation exam. Could this be considered a CUE?

I just received my C&P examination results for a secondary disability for post traumatic headaches. Here are the results AXIS I 309.28 Adjustment disorder with a mixed anxiety and depressed mood. AXIS II V71.09 AXIS IV Financial and family AXIS V 65 Mild to moderate Symptoms are as least likely as not in being secondary to service connected post traumatic headaches. I think I was screwed!

Thanks Girl Scout! You BFF!

Cute!

I never used the word “stupid”. Reading is fundamental! It appears that a few vets have too much time on their hands. Larry threw a stone at all vets on this forum and you confirmed those insults by agreeing with Larry. I am not here to quarrel with you or Larry; I am only stinking up for those who are unable to stick up for themselves. If you are not offended by Larry’s remarks below then you’re an idiot also for allowing any person treat a vet this way. I’m done!

To educate you Smilen, The word “idiot” is a noun and it is defined to describe an utterly foolish or senseless person. The acts of Larry below the word idiot truly a refection of Larry’s action and therefore is a refection of Larry. As far as my intelligence level I would say it is very HIGH, given that I have just received my Ph.D. Candidacy. Prior to this accomplishment, I completed my associate degree, bachelor degree and my MBA. So, what is yours?

Larry, You sound like a true idiot. How dare you put down a fellow wounded warrior’s like that? You appear to be self-centered and very childish. My advice to anyone asking you for assistance is to seek someone else’s advice. You should no longer be considered as a worthy advisor.

Why did you even hire the attorney in the first place? It is clear that the attorney didn’t get paid. If you owe it then pay the attorney for their service. Remember, our fight is with the VA and not the ones that are trying to help us. Honor first!

The way I always get a copy of my exam is by calling the VA's 800 number and requesting a copy of the exam report on the same day of the exam. The rep at the VA submits a request on some form (?) and within a few weeks I receive my copy in the mailed even before it shows up in the sytem as being recieved. I am batting 100 percent after more than 5 exams.

Is there anyone one on hadit that is separately rated for migaines and TBI. If so please chime in and I would like to know more on how the VA rated your disabilty. Thanks

I went to the C&P exam as scheduled. I already received a copy of the exam report. The test diagnostics were: Headaches, the chronic daily headaches are related to tension or depression. The second kind of headaches sounds more like a migraininous kind of headaches. C- The headaches are at least likely as not likely 50/50 probability caused by or as a result of head trauma. These migraines were also listed as a severe type. Neuropsych testing is pending. Also, I provide the doctor the list of symptoms and she said tat list was very helpful and that she wishes all veteran followed that practice.

Very good points. Thanks

Thanks for your responses, Let me rephrase my question. Will the new TBI rating be combined with any other rating not related to TBI? The previous criterion was not combined with any other rating because it was tied to a brain disease. Last thing; is a good idea to give the physician a print-out of all my symptoms at the c&p examination? I am thinking on drafting a list of my symptoms and making the physician sign for it during the exam. This way I will not forget to tell the doctor anything about my disability and by them signing for it I will have proof that the examiner was informed of my symptoms. What do you all think?

Berta, after I responded I googled and found my answer to what is OIF/OEF was. LOL, I guess my side effects of my condition is showing. Thanks again and to answer your question, yes I am. What is the exact status of your claim now? It is still on remand from the BVA pending the results of my c&p this Friday. Can you give us the BVA citation number and docket number and date of the remand? The date of the remand in February 2008. I will look for the rest of the information and post it later

Thanks Berta for you quick response. I never re-opened the claim, it have been on appeal since 1996 and then the regulations changed in 2008. At this time I requested to re-evaluate under the new criteria. I was previously awarded 10% for brain disease due to trauma. I do have the actual events that caused my TBI. FYI, it was due to being hit in the head with a bat. I don’t know what you are referring to when you mentioned OEF-OIF Veteran. Any case thanks for the information. Sailorman

I do. I finished Voc Rehab in 1999 with a BA Degree. Re-entered in 2008 to pursue my PhD. More importantly my re-entering Voc Rehab exceeded the 12 year mark of discharge. Sailorman

Greetings everyone, I was wondering if anyone knew that if under the new TBI schedule of rating if this new criteria would be combined with other disabilities? I am scheduled for my TBI exam this coming Friday which ties into my appeal dated by to 1996. I requested an evaluation under the new criteria. Also, is their anyone out there that has been granted an increase? Sailorman

Inquiring minds would like to know....