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  1. I need some guidance or suggestions from the experts. I am currently at 100% schedular (temporary, not P&T). My higher Service connections are: Dermatitis with Psoriasis (also claimed as psoriasis guttate, eczema/dermatitis) = 60% Migraine including migraine variants - also claimed as decreased concentration = 50% Residuals of traumatic brain injury (TBI) = 40% Insomnia disorder - also claimed as sleep disorder and insomnia 10% and a dozen other 10% ratings for tinnitus, arthritis, degenerative disc/joint disease/lumbar spine, and as well as i
  2. Hey all, Bit of an update. I have been SC for PTSD at 30% and tinnitus at 10%, denied for two other conditions and my TBI claim was "deferred". I had my TBI C&P about a month ago and in the process I've recieved two notifications on va.gov that two more exams have been scheduled. Well I called VES today after not hearing from them about any new appointments for two weeks and the rep on the phone told me that there was no new exam requested...that the VA actually just "kicked back" the C&P two times. They said they are "reworking" the exam. Anyone experience this before
  3. I was checking va.gov after receiving the mostly favorable results of an HLR for an earlier effective date claim for migraines where VA called CUE on themselves. I say mostly favorable because the effective date claim went back to 2006. The CUE was instead awarded exactly one year back from the date of the intent to file in March 2019 back to March 2018. That's when I noticed a new claim for increase on va.gov for TBI that I did not submit. That's where it says under evidence gathering "Request 1- 930 rating not addressed see claim notes" I spoke to a VA rep who says that
  4. Are there any veterans with traumatic brain injuries prior to the effective date limitations in the 2009 VA letter recommending application for benefits under the 2008 change in the rating schedule? Would you like to join as a joint claim on my "next of friend" claim on your behalf in 1994 for an earlier effective date (EED)? The reason I am asking is that I have an unadjudicated Substantive Appeal that could take your effective date back to at least 1988 under 38 CFR 3.321(b) and possibly based upon your history back to the earliest signs of difficulty. (copy and pasted at the end)
  5. Good morning hadit, I have both ptsd and TBI and believe my diagnosed sleep apnea (mixed sleep apnea, with both central and obstructive sleep apnea) has been directly caused by my ptsd and TBI. I am not overweight, have no medical issues of the throat or the respiratory system that would cause it. My question to you all is if I want to file sleep apnea secondary to either of this conditions which one should i file it secondary to? I've found much more literature tying obstructive sleep apnea to ptsd but also found literature that ties both obstructive sleep apnea and central sle
  6. Are you having trouble with a TDIU claim, TBI claim or any old claim that was never developed or decided? I posted this earlier on Tbird's question, "Unemployability and Working in a Sheltered Environment...?" Just received an example of this in a decision by the Executive Director, Compensation Service which I will attach after redacting. My part time employment from September 1987 to September of 1990 consisted of working for a CPA business manager of a now deceased movie star. (Egg and I actor as a hint). The job was a 20 hour per week job by the previous employee which I
  7. Hello! First off, Thank you all! - for this website, your time, and your passion towards helping fellow veterans! Started the PEB process on active duty (2012 at the time), so I'm just trying to sort this out and find where things went wrong. The claims submitted among this process only listed 3 contentions - of which the DoD rated me unfit at 10% W/ severance pay, while the VA rated those conditions (totaled) to 40% upon exiting service. My story - First, I don't agree with the PEB findings, but I signed off on it at the time without a full understanding of "
  8. The question is; Will I be among the less than 1% Pro Se Petitioners to SCOTUS of the 1% over all Petitioners for a Writ of Certiorari that will be heard by SCOTUS. The Petition is Bray v United States Docket No. 18-9532 Re: "The Feres Doctrine" with 15 related constitutional questions. The documents can be downloaded from the Supreme Court of the United States, (SCOTUS), web site here: https://www.supremecourt.gov/search.aspx?filename=/docket/docketfiles/html/public/18-9532.html The answer will come sometime after the 40 copies have been distributed to the Justices and th
  9. http://www.benefits.va.gov/PREDISCHARGE/DOCS/disexm58.pdf 12 page guideline the VA docs must use for a TBI assessment. Review this along with the ratings guide for 8045 to be well prepared for the C & P exam. http://www.benefits.va.gov/WARMS/docs/regs/38cfr/bookc/part4/s4_124a.doc After the exam, go to the Release of Information office at the VAMC & request a copy of the exam be mailed to you. Or MyHealth E Vet website Blue Button feature will allow you to view it in 3 days. Check over the exam report to make sure doc wrote down correctly what you said. If not, you can fill
  10. My problem started a few months ago with the smell of cigarette smoke occasionally. Thought it was on my wife's cloths although no one in our household smokes. No visitors smoke. We do use a fire place. Totally smoke free environment. I have been to the VA Nashville, but this issue does not seem important to anyone, I can understand. For me it has taken over my life. I eat, drink, sleep, cigarettes . I do have 2 brain tumors which Vanderbilt Hospital botched the removal in 2017. The surgeon who did the pathway said the Neuro was very careless and was warned but cut a clear if branch to
  11. The issue: I’m on the verge of filing a large VA claim to include migraines, erectile dysfunction, obstructive sleep apnea, and a few other conditions. However, I think I may be eligible for an earlier effective date going back to 2008 for the migraines and ED. I’m hesitant to file for the migraines and ED in this claim because I do not want it to nullify my chance at an earlier effective date. Background (long read, sorry!): After reviewing my C-File, I'm pretty sure VA underrated and possibly clearly and unmistakably erred (CUE) 11 years ago in their decision based
  12. I have been reading this form for about two months now and I’m hoping you may be able to give me some insight. I submitted an application for compensation in January 2018 for injuries I received in a long time ago. Here is a bit of the back ground. When I got out of the service in 1995 I thought I was applying for benefits, turns out it was only the Gulf war registry. I’m not trying to make an excuse for why I didn’t apply earlier, just telling you what happened. I was in a head on car crash in panama, hit by a drunk driver. I was out for 15-30 min, then spent 4 days in the hospital.
  13. How do I submit an article? Or get someone else to help research and flesh it out? Basic start: Berta, Bronco, and other primaries, if you are listening, get your crew to contact NIH and help do an article on this. (immunoexcitotoxicity) The primary source or beginning is a concussion, even mild ones. Could be from a fall as a toddler or at any time in your life. So, PTSD is simply a symptom of a Post-Concussion Syndrome. Started harping on the organicity of PTSD in 1987 along with the writing off simple PCS as adjustment disorders. Did a fast on the Mall in DC in 1995
  14. For Starters, I want to thank anyone who takes the time to read this and give me a little perspective. I just got my final C&P results after a series of claims. Currently I am 94% combined rating if I include my Sleep apnea claim (The Dr. wrote it was medically neccesary to use the CPAP, so I do expect the 50%. This C&P below was conducted to separate my anxiety disorder from my TBI disorder. Currently I have a 70% rating for Anxiety with residuals of TBI. I was wondering if anyone could read this and tell me if they think I can expect a separate rating for TBI memory loss based on the
  15. My husband is a purple heart disabled veteran with a current rating of 50% (due to shrapnel injuries from mortar blast). He was in Iraq from ’04-’05. He has just started talking to the VA about filing new claims for PTSD, TBI and a knee injury. While speaking with the VA social worker, she informed him he was diagnosed with PTSD in 2007 and TBI in 2013. He was never informed of these diagnoses at that time. Everything we read online says that there is no way to get an earlier effective date other than the date of his most recently filed claim (March 2018). Looking for advice if anyone has bee
  16. 2010 - Discharge 40% memory problems, status post head injury 30% Major depressive disorder with history of Insomnia 2011 added seizure disorder to memory problems, status post head injury. (remained at 40%) 2012 I had a diagnosis of seizures because they showed up on two sleep studies and one EEG. I did not have a "frequency" to report because they were nocturnal seizures. They added seizures 10% only because I was prescribed medication for seizures. 2015 had a C&P for possible PTSD. PTSD denied and they basically increased my Major Depressive Disorder to 70% but
  17. Is TBI and Post Concussion Syndrome the same ? Will both fall under TBI?
  18. Looking for recommendation for an attorney for a TBI claim that is well documented with an neuro psych exam. I am service connected back to 2008 but I believe I was low balled at 40% for TBI. Generally describing the results, the Exam notes severe and moderate in the results for memory and other cognitive and executive function. I asked for a reconsideration based on the difference in the test results and the VA schedule criteria on my own but got denied and gave up. I should have kept at it but I think getting an attorney is the only way I am going to make any progress. So here I
  19. I have a question about proving my particular TBI and nexus. Looking for any help. All advice is welcome. Thanks in advance. No in-service diagnosis of TBI Was a passenger in an auto-accident while on active duty, was unconscious for an unknown amount of time (likely 5-10 minutes), and both myself and the driver (who was also active duty) experienced what I now understand to be symptoms of TBI following the accident. Did seek medical attention for several weeks following the incident, and the auto accident is documented there. However, I was only seeking help for an eye and v
  20. Hello everyone, This question feels incredibly silly, but it's stumping me. Would like to claim Migraine headaches due to TBI Not currently rated for TBI Not (currently) seeking anything related to the TBI other than migraines Are the migraines secondary to TBI, or Are the migraines directly service connected with TBI being the in-service event? If the migraines are secondary to TBI, how does one ever get a current diagnosis of TBI, seeing as it's an event sort of thing? Or, how do you work around this? In other words, if I broke a bone ten years ag
  21. Has anyone on this site put in a claim for SMC-t? Do you know of anyone who has been awarded it? I am the sister of a pre 9/11 veteran who has been rated at 100% for TBI P&T. I am his full time caregiver and have been appointed his fiduciary. I also have helped him with his claims...and have done well, until this one. I do my best to give him a high quality of life, but need to hire because his body is fit, but his memory and cognitive skills are in constant decline. He is a textbook case for SMC T because, in addition to the first 2 requirements, his VA neurologist has also filled ou
  22. Here is my TBI exam that was ordered in a remand from the BVA. Now I will sit and wait for the decision to be made. Review Evaluation of Residuals of Traumatic Brain Injury (R-TBI) Disability Benefits Questionnaire * Internal VA or DoD Use Only* Name of patient/Veteran: England, Larry Adam Indicate method used to obtain medical information to complete this document: [X] In-person examination Evidence review --------------- Was the Veteran's VA claims file reviewed? [ ] Yes[X] No If no, check all records reviewed: [X] Veterans Health Administration medical re
  23. I'm looking for some guidance on how I should be handling my claim. I was in the Navy from 91-94, and was struck in the head with a deck hatch. I was stunned, with possible brief loss on conciousness, brief period of amnesia, headache, and disorientation. I was taken to the local Naval hospital to be checked out, and eventually sent home after nothing showed on the X-ray. Afterward, I suffered from tinnitus, constant headaches, problems with memory and attention, and just over-all thought clarity. Being the typical military guy, I didn't seek help for the headaches or other problems, b
  24. In 1972, while serving in USN, I landed on my head from a motorcycle accident and woke up in the Naval Hospital. LOC ~45min but at time diagnosed as "mild concussion", held 24hr, dismissed after being told I would be fine and sent back to ship to be deployed to Vietnam. Flash forward ~40yr. When my perpetual depression eventually went off the deep end I asked the VA for help. Started taking meds and asking questions about my life. Finally got directed to Poly-Trauma for full neuro-pysh and MRI. FWIW, I was wondering why I always had trouble remaining employed longer than ~2yr at-a-tim
  25. The Veteran is SC'd for TBI. A VA sleep study indicated central sleep apnea. Assuming a nexus has been medically determined between the TBI and the central sleep apnea: Questions: 1) Is central sleep apnea (CSA) a separate ratable neurologic brain disorder apart from TBI or is it rolled into the TBI rating? and, 2) While obstructive sleep apnea (OSA) is considered and rated as a respiratory condition, why is that the same for CSA, which has it's etiology associated with an organic brain dysfunction?, Should CSA be considered a "chronic sleep impairment" to be rated analogous to a sleep impairm
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