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Hobby

  1. 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 but not get scheduled for a new appointment?
  2. Apologies as this may have been asked before, but the search function is too broad. I am currently 90% disabled. 20% each shoulder, 10% tinnitus, 70% PTSD, 10% asthma. I have been let go from 2 jobs in one year, and this last job, I think I was fired for having too many appointments (I already have an EEOC complaint filed). I have issues remembering what to do, staying on task/staying focused, and managing my time effectively. Should I apply for an increase to 100%, or should I apply for TU or P&T? My questions are below. First question: I would like to get to 100% TU, P&T, anything that gets me to 100%, but am unsure of which direction I should go. The first thought is to have my PTSD rating move from 70% to 100%. I have asked my providers (non-VA) to provide me a letter stating my inability to maintain gainful employment. Second question: I have to have spine surgery next week. I have to have a multi-level ACDF on C5 and C6. I am not rated for this condition. However, could it be a secondary condition to something I'm rated for (like my shoulders)? I never saw a doc while in service for this condition. Hence the question. Third question: Is there any way to get a rating for TBI if one was never diagnosed? I'm pretty sure that I have an undiagnosed TBI. In early 2004, the test for TBI was "did you lose consciousness" to which I would have to reply "no". However, how does the VA handle a claim for TBI 10+ years later? I suffer from debilitating migraines at times (is this secondary to another condition?). Thank you for the replies. Kevin
  3. In February 1975 I was discharged from service I applied for compensation for a head injury in July 1975 and was denied in 1976 then in 1984 I was awarded 100% for seizure disorder secondary to my in service traumatic head injury. In 2009 I applied for TBI and was awarded 70% for direct service connection in 2011, I requested an earlier effective date for my TBI since my original claim was in 1975 less then 5 months after my ETS, I feel my original claim should have been reconsidered but the RO and the BVA overlooked my original claim so I took it to the CAVC and waiting for a decision.
  4. Wondering if anyone has some insight on my current situation. Long story short, I became 70% service connected in 2018 due to a combination of issues, to include 30% for PTSD. During my initial physicals with my VA primary care Dr I screened positive for TBI from a vehicle rollover in Afghanistan and began testing/treatment. I eventually had a neuropsychological exam that Identified several severe cognitive impairments (auditory memory, processing speed) and several more moderate-mild impairments. Based on this I filed a disability claim for TBI in November of 2019. I just finally had a C&P exam for TBI that did not last long. Based on browsing these forums, I am thinking that the neuropsych testing will be used and hopefully the severe cognitive impairment is listed. Two weeks ago I did an ACE exam for migraines related to TBI. I have been sitting around wondering when I will get my decision letter but instead just got informed that I need to do another C&P exam for PTSD. Does anyone know why the PTSD C&P exam is needed now? Are they trying to identify what symptoms are caused by TBI vs PTSD? Can this even be determined? Will they lower my PTSD or combine them? It has been 18 months since I filed this claim and I am getting pretty stressed out at all the additional testing they are making me go through. Maybe am stressing over nothing but waiting around for a decision for 18 months can really put a strain on the process.
  5. Hi, new to the forum and thank you in advance if you can provide any insight. I talked to the VA today because I was confused about my claim, they approved part of my claim and deferred the other half of it. I searched a lot of post here and being deferred is normal for the va, but what confused me was why they deferred it. The reason they deferred my TBI was because they wanted a IMO (independent medical opinion) and also flagged my TBI and major depression for higher evaluation and entitlement. I had a C&P for both of these months ago, plus many pages from C file and from tricare to support my claim. My questions are: - I though you had to appeal to have your case reviewed by the higher level evaluation. I submitted the claim, evidence, and C&P and they moved it to higher evaluation on their own. -They also requested their own IMO following the C&P for TBI, is this bad or normal? The VA rep told me that the 0% rating is a place holder stating that it is service connected while it is undergoing higher evaluation and not to worry, but all I can do is worry.
  6. I'm a retired veteran with 20-years active duty service. While on active duty I was diagnosed with PTSD and Hypertension along with other service-connected disabilities. 11 years after my retirement, I had to undergo surgery to have 2 stents implanted (widow maker). I was recently talking with a friend recently and he said I should file a claim for my Coronary Heart Disease (CHD) and the fact I had to have 2 stents implanted as a result. This got me thinking and so I started doing some research to see if there are connections between PTSD and CHD. Sure enough I have run across a few articles on this. I'm coming to you all for input as to if it would be a waste of time in putting a claim together or if I should put in a claim. I'm definitely leaning on putting a claim in however, I don't know what all I would need. I do have my medical records for the surgery, but how do I indicate that I believe this to be connected to my PTSD. Any input on this is very welcome. While on active duty I also sustained a TBI from a 40mm HEDP grenade. This caused me to lose consciousness and eyesight for a few minutes. About 20 years later, I had a torn retina. There was no history of me having any other injuries to my head or eyes in between the time of the grenade concussion and when my retina tore. Just woke up one morning with it. Had to have surgery the same day to close the tear which now has left me with even more floaters. Now, in between the time of the grenade injury and through the many years, I do have a history of floaters being seen. My thought is that my retina took on a minor injury that over time got worse and eventually tore. Don't know how I prove this. I do see there is some information about a nexus letter. Any help on this is also appreciated.
  7. 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 injuries to every joint. I submitted a PTSD claim and it was moving right along and I'd already completed all C&P exams for it as well as the ones for another set of RFE claims the VA submitted for three other conditions (Migraines, TBI, Insomnia) that are still temporary ratings. Now, two of the three RFE claims show as complete and the VA website says they sent a letter; however, one of the conditions (TBI) got moved over to my PTSD claim and the status went from the exams being complete and in the last phase or so, with a projected completion date sometime this month to December! On top of that, the VA started a claim for "IU" on my behalf without asking me, so they also added the couple of VA forms required with the due date of 7/31/2020. The IU part might not sound bad, but I was already 100% (temporary unfortunately) without the PTSD service connection and I believe I made a compelling case for at least 50% of that, if not 70% as I met most of that criteria. So, I've always heard, read, seen in videos, and even been told directly that when someone is at 100%, albeit temporary, it's not wise to apply for TDIU since it pays the same AND the VA may then reduce other percentages. Also, as you know, it can be easier for them to later remove the TDIU classification for technicalities. Lastly, those forms are the worst part for me. I DO NOT want to have to fill those out, especially the one you have to bring to your former employer. My company was located off-base, so they never even observed my daily performance. The military supervisors who were over me have since moved on as it's been over a year. Finally, I usually burned up PTO to cover all the time away for appts and physical therapy, which they knew about, but as for PTSD issues I was going through, I sure as hell did not disclose to them as it was none of their business, super private, embarrassing, and I would have been worried about my security clearance! The only thing about canceling the IU is that I don't want it to look like I AM capable of pursuing "gainful employment." I would just definitely prefer to retain my 100%, which should be even stronger with a PTSD condition/connection added to my current list. What is your take on all this? Do you know if there's a way that I can have them close or remove the IU portion and the required forms? Besides not wanting to apply for that or do the forms, I also do not want this to hold the rest of my claim(s) up or give them an easier way to assign lower percentages. Any help would be much appreciated.
  8. 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 it's an internal review and was about pyramiding TBI and PTSD. I've been mislead by the phone reps before though... Can anyone make sense of this? Edit- in the HLR rating decision code sheet it says "REVIEWER NOTE: pyramiding under DC 8045 is outside the scope of the current HLR for earlier effective date for migraine." Could be a clue...
  9. 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) I recently received a TDIU award back to September of 1985 via a BVA remanded unprocessed extra-schedular claim under 38 CFR 4.16(b) which applies 3.321(b) to individual extra-schedular claims. It appears the Executive Director, Compensation Services, Beth Murphy, grants EED based upon history not necessarily claim date. The date she granted me was my last full time employment, two years before my extra-schedular claim. Attached is my unadjudicated November 26, 1994 Substantive Appeal to VARO Denver's May 6, 1994 Statement of the Case (SOC). The 11/26/1994 SA includes a "next of friend" claim for all veterans with organic brain syndromes. I was trying to get an Administrative Hearing for the purpose at the time and had not found 3.321(b) yet. Now that I have connected the dots properly I believe I'll finally be able to accomplish what I set out to do on the recommendation of Dr. "Hook", a one armed psychologist who cornered me after a PTSD group therapy session on my bringing up the organicity of many of the individual's PTSD complaints, including one with grand mal seizures and suggested a therapy route for me would be to take up activism on their part. I was having trouble staying employed and was not cognizant yet that my problem was absence and complex partial seizures from temporal lobe epilepsy caused by my TBI in 1969. His thought was that the activism on behalf of others would reduce my depression from lack of employment with my retained 126 verbal IQ. Still don't understand the deficit to a 98 visual spatial IQ. But it has probably caused delays in my accomplishments even on this project. I have an attorney who will be working on my part for 20% of my back pay. I will ask him to ask the Executive Director to grant EAJA in the payment of fees because of the long history of obstruction especially by VARO Denver. I just connected the dots on the way to redirect my approach to this reading a response from Broncovet to one of my posts on another question I had. So, will have to discuss with my attorney how to bring others along and if he'll take others in support of my claim and satisfy with just 20% of my back pay. The optional avenue would be to put your own claim in but without my BVA found medical opinion expertise and the attorney's legal back up. I'd say my attorney's guidance in getting me an award of over $400,000.00 EED for TDIU (of which he received over $80,000.00) was worth the cost. From my BVA Decision: "In this regard, he is competent to report on factual matters of which he had firsthand knowledge. See Washington v. Nicholson, 19 Vet. App. 362, 368 (2005). The Board further finds that the Veteran's statements are credible." I believe this statement can be expanded to include my first hand study of organic brain syndromes including those for cerebral malaria in trying to understand my own condition and lack of employability at the time. This study includes a basis background of 13.3 years as a Navy hospital corpsman. There is also 3.159 which defines competent evidence: "(1) Competent medical evidence means evidence provided by a person who is qualified through education, training, or experience to offer medical diagnoses, statements, or opinions. competent medical evidence may also mean statements conveying sound medical principles found in medical treatises. It would also include statements contained in authoritative writings such as medical and scientific articles and research reports or analyses." My attorney is also located in San Diego with access to one of the most recognized brain science medical schools in the country. UCSD Medical School. And I have a digital library of, "authoritative writings such as medical and scientific articles and research reports or analyses", that will be helpful. 3.321(b) "(b) Exceptional cases (1) Compensation. Ratings shall be based as far as practicable, upon the average impairments of earning capacity with the additional proviso that the Secretary shall from time to time readjust this schedule of ratings in accordance with experience. To accord justice, therefore, to the exceptional case where the schedular evaluations are found to be inadequate, the Under Secretary for Benefits or the Director, Compensation Service, upon field station submission, is authorized to approve on the basis of the criteria set forth in this paragraph an extra-schedular evaluation commensurate with the average earning capacity impairment due exclusively to the service-connected disability or disabilities. The governing norm in these exceptional cases is: A finding that the case presents such an exceptional or unusual disability picture with such related factors as marked interference with employment or frequent periods of hospitalization as to render impractical the application of the regular schedular standards." 19941126 Lem to BVA sub appeal copy Cheye_Redacted.pdf 2868-2887 19940526 SOC 1992 appeal_Redacted.pdf
  10. 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 sleep apnea to brain injuries as well. Is it possible to file it secondary to both?
  11. 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 couldn't keep up putting in more than 40 hours a week. I'll also attach a copy of my employer's May 7, 1990 statement. The job paid more than poverty level. These documents should help clarify to any who have a question about this subject. I'll also start my own question where I can answer questions about how I got to this point. Now I'm just waiting for a $500,000 plus check. A lot of years in abject poverty under the bridge but I'm now in a nice home which will be fully paid for and I'm having a Japanese spa bath put in in the basement. Feels good but was a miserable live from 1974 to 2017. Hasn't been bad since I turned 76 in 2017. Now, at 79, it is even better. Still the issue of temporal lobe epilepsy (TLE) to go but it is more an act of activism since additional compensation doesn't mean much to me. I don't want those with similar organic brain syndromes to mine left behind on that paper trail. TLE is difficult to identify and identification is complicated by the victim being unconscious of the symptoms. We are thought of as being "drifty", absent minded, procrastinators (from enervations), etc. and no one connects it to our TBI and advises us or gives us a consult to a neurologist for epilepsy evaluation. Look up that $100 dollar word, "enervation". If you've had a TBI, especially if caused by near by blast concussion or repetitive outgoing heavy artillery (not me, mine was focal left temporal lobe) or p. falciparum malaria, you need to ask your family and friends if you are a little drifty or inattentive at times. If you've had Motor Vehicle accidents that you blamed on the other guy but it could have been your inattentiveness this is hard evidence. If you had malaria and have any of the symptoms I listed, contact me through this board. Compensation for those victims is the last goal of my life. At 79, I don't have too many more years to work on it. Also, if you have a TBI award post 2008 for a TBI years before contact me. I filed a case in 1988 in district court as a next of friend making a claim for you that has never been developed. Same case as my TDIU. An award to me would be moot because my new TDIU award goes back to 1985. But we may be able to get that Executive Director, Compensation services to take our TBI awards back at least as far as my claim but possibly all the way back to when the symptoms first interfered with our employability. I was finally treated for my TLE in August of 2015 and all symptoms are in remission. I was confirmed to have TLE in September of 1990 but mistreated with Tegretol which should never have been used for the diagnosis of "atypical absence seizures" and because I had a recorded sensitivity to amitriptyline per the 1990 PDR and every PDR after that to date. Subsequently, I was diagnosed as having "pseudo seizures" which too many read as being a malingerer. At 79, I'm more employable now than I was at 35. But I lost my most employable years to a 3.154 1151 treatment. It is on my NOD of 01/08/2018 and the claim it is on. I'll keep everyone posted on its development. 3526-3527 19900507 Al Marsella Stmt_Redacted.pdf 20200408 - TDIU Review - Admin Opinion_Redacted.pdf
  12. Check out what the neurologist said in this NY Times story about concussion injuries from boxing at West Point Military Academy at link: http://www.nytimes.com/2015/09/30/us/despite-concussions-boxing-is-still-required-for-military-cadets.html?_r=0
  13. 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 "what I could claim", so once the ball got rolling I found myself trying to correct my own mistakes along the way. I want to particularly point out to the Experts here that signing off on my PEB, as well as false statements/misquotations made by an off base neurologist has been used against me in regard to denial for SC TBI. In one denial, they took the exam from the off base neuro i saw, and threw the (positive) other out - Denying me the benefit of the doubt, or even the 50-50 rule.... The situation now is that I have a second doctor, who wrote a Nexus concurring with the diagnosis and rationale of the specialist I was treated by. (So 2 doctors post-service vs. the 1 I saw who didn't have all the details, lay statements, and misquoted me or failed to check the appropriate boxes based on my own testimony. TLDR - I was awarded increase for 1 contention in 2016 to (a total of) 60% - Followed by SC and increase in another (1) contention for an overall rating (total) of 80% in 2017 - Some corrections were made and a rating was re-established with the proper EED and my new total is now 90% (as of late 2019) - it is now 2020 and I have 4 contentions that never made it to SC (yet!) - I experienced narrative changes as to why the VA was denying SC for TBI and 3 other issues - such as "missing diagnosis" - I had included a document from their own specialist specifically stating I was diagnosed with TBI and 2 exams giving extensive detail as to my symptoms/history. Again, thank you for all you have done, and all you continue to do for all of us. to Semper Fi !
  14. 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 their Clerks for the November 8, 2019 Conference. Only 1% are granted a hearing before SCOTUS. Will the Feres Doctrine continue to stand up as Constitutional continuing a 69+ year old precedence that prevents you from filing a Tort case for your mistreatment and failure to be compensated for subtle but employability disabling temporal lobe seizures ignored by the military and the VA to reduce entitlements? Some relief was granted in 2008 for TBI victims. Those who had TBI claims from 2007 on will be fully compensated. Those of us from previous wars have been stiffed until we were allowed to file our claims after receiving the 2008 letter.
  15. 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 out a form to request a correction of your medical records.
  16. 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 the frontal lobe, hemorrhage several hour, lack of oxygen caused progressive memory loss (all this document ed) now this.... I cannot get the V A to move. Tumor is leaking, vision is declining, memory, hand s shaking getting worse. Anyone else had the Phantom smell of cigarettes. The Phantom smell of Cigarette in particular seem to lead to stroke, seizure, Alzheimer's. VA doctors admit it is a brain problem, possibly streaming from the 2017 aborted surgery. Right now, I am a 66 year old proudly Retired US Army Veteran. Saw Camp Eagle in 1971 the M1 Main BattleTank for many years after. Hope to see my great grandkids. But not going to tolerate everything I eat, smell, sleep being cigarettes much longer. I will appreciate he'll more than you will ever know Anybody else out here had this problem?
  17. 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 on the detailed evidence from their c&p examination. Essentially, the VA decision said that I don't have prostrating migraines because I don't have emergency room or sick call visits. They conceded I have cognition issues from all the concussions and awarded 10% for: “traumatic brain injury with post concussive syndrome (also claimed as migraine headaches)” This was despite having an in service migraine diagnosis (which was in their possession at the time and in my C-File) and the fact that their C&P examiner said that I have “prostrating migraines 4x per week”. Unless I’m mistaken, if the VA had in their possession evidence that would warrant a higher rating of the migraines at time of the decision 11 years ago, they violated 38 CFR 4.6. Additionally, while I did not claim erectile dysfunction, I think this may have been an “inferred claim” seeing as the c&p examiner noted: “Q22. Sexual functioning? A22. Yes, problems with achieving and maintaining erection. The veteran has started to use Levitra, which helps. He mentions he has been taking Celexa, had been discontinued, and has less of sex.” “DIAGNOSIS: Traumatic brain injury with post concussion syndrome and migraine headaches, and erectile dysfunction (with etiology as least as likely as not related to the TBI).” I've heard that the VA stopped honoring claims to re-open so I'm unsure as to the best way to proceed for establishing an earlier effective date for a migraine rating. I also suspect that it's too late for them to honor the special TBI re-processing rules if the exam was not conducted by a neurologist (he was an internal medicine MD). Finally, just to re-iterate, I’m hesitant to file a claim for migraines and ed in this new claim because I don’t want to possibly lose my earlier effective date by doing so. My tentative plan is to include them in the new claim anyway and in a statement ask that the “TBI with PCS (also claimed as migraine headaches) be split into “8045 TBI residuals” and “8100 Migraines” with each condition being rated separately. Then after the decision is rendered, file a supplemental claim with the 2008 c&p exam notes appealing for an effective date to 8/31/2008. If that fails, that’s when I would look toward filing for a CUE. Does this sound like a solid plan of attack?
  18. 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. The Va sent me for a C&P 3 weeks ago for adjustment disorder with anxiety, The DR. is the one who told me I was in the hospital for 4 days. I only knew what my ex-wife told me. After an hour doing the exam the DR. made a call to QTC and was requesting that I have a cognitive exam done, of course they said no, it wasn’t being asked for. 1. Should I be getting another C&P for TBI? I did submit my neurologist reports that said all my condition i.e. short term memory problems, migraines and emotional problems were a direct result of the accident, and I have the LOD report. along with the list of my meds i'm on. 2. Or will they just use what in my file and the C&P and render a decision? I do have a few other items I’m claiming, but I will post them in the correct forum. Thanks for any help you can give.
  19. 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. Was visited by a group of neurologists led by an NIU neurologist, during the American Neurology Convention, who said NIH would look into it. If the military didn't pick up anything in those induction scores or if they accepted you for duty and subsequently, because of military exposure your condition is aggravated to the point of interfering with daily life including employability, the VA owes you compensation. That is the reason Yale has won the Discharge Review Case and is on the verge of winning a class action case on claims more than a year old. Between 1995 and 1998 the number of PCS studies in the NIH Library more than quadrupled. She, (the NIH neurologist) was good to her word. Must have said something at the convention to get it started. But look at the inertia of getting something done. 2008 an article in a newspaper cause Congress to finally recognize and compensate PCS calling it TBI. But PCS also happens in just exposure to a blast. Repeated outgoing heavy artillery brought a lot of vets into the PTSD groups I attended between 1984 and 1995. PTSD was the only peg they could hang their hat on. Even mild, moderate and severe TBI had found themselves in the "Adjustment Disorder" diagnosis and couldn't find any peg to hang a compensation claim on other than PTSD between 1980 and 2008. Before that they just had to accept adjustment disorder. There is no difference between being close to an improvised explosive and an incoming RPG (simply rockets in Vietnam) But the VA appears to be on the bend of recognizing only improvised explosives, not incoming heavy artillery or continuous exposure to outgoing from your enclosed turret on a ship or camouflaged field howitzer. Well, yes, PCS causes an adjustment disorder. But as long as you are treating it as a behavioral problem instead of an adjustment to an organic problem (immunoexcitotoxicity) the necessary adjustments won't be made to even have a semblance of a normal life. And an organic treatment has no chance of being appropriately directed. It is easy for physicians to see that diabetes is an organic problem that will never cure. It can only be maintained and controlled through continuing care. But they cannot recognize that with PCS or even that it is PCS they are dealing with. Cerebral malaria also brings on immunoexcitotoxicity with the exact same problems of PCS. But those victims from WWII, Korea, Vietnam, Somalia and the current wars are still "adjustment disorders" or hanging their hats on PTSD. The present pressure of having therapists put an "end date" on therapy simply doesn't recognize the problem. Some epileptic drugs help. But you won't be given them unless you get an EEG that shows something. For me the 2015 Rx for Keppra was life changing. At 74 I became more employable than I was at 34. All of my friends and family noticed a huge difference. And the VA doesn't want to confirm temporal lobe seizures (the center, I believe, for immunoexcitotoxicity) because it is a situation like diabetes, requiring continuing care and, often, ultimately compensation because of progression.
  20. 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 Dr's opinion stating that my issue is 80% anxiety and 20% TBI (see note 2b below). If I can get at least a 10% for TBI in addition to the 70% for anxiety, It should push me over the threshhold of 100% schedular. The only edits I made to this was to remove names. Again, thank you for your time and expertise 70% Anxiety (Trauma with TBI residuals) 50% Sleep Apnea 20% Degenerative Disc Disease 20% Upper Neuropathy Right / 20% Upper Neuropathy Left 10% Lower Radiculopathy Right / 10% Lower Radiculopathy Left 0% TBI Migraines LOCAL TITLE: COMP AND PEN NOTE STANDARD TITLE: C & P EXAMINATION NOTE DATE OF NOTE: JAN 28, 2019@14:30 ENTRY DATE: JAN 30, 2019@11:11:26 AUTHOR: *********** E EXP COSIGNER: URGENCY: STATUS: COMPLETED Mental Disorders (other than PTSD and Eating Disorders) Disability Benefits Questionnaire Name of patient/Veteran: ***** Is this DBQ being completed in conjunction with a VA 21-2507, C&P Examination Request? [X] Yes [ ] No SECTION I: ---------- 1. Diagnosis ------------ a. Does the Veteran now have or has he/she ever been diagnosed with a mental disorder(s)? [X] Yes [ ] No ICD code: 300.00 If the Veteran currently has one or more mental disorders that conform to DSM-5 criteria, provide all diagnoses: Mental Disorder Diagnosis #1: Unspecifed Anxiety disorder, chronic, severe disorder. ICD code: 300.00 Comments, if any: Vet had been seen initially on 2/11/18 for Mental Health C+P exam done by Dr. *****(which proposed "Anxiety disorder, NOS" then, while f/u C+P exam on 2/16/14 had proposed Other specified trauma and stressor related disorder(as vet had been in IED blast in 2006 - see Mental Disorder diagnosis #2 below. Unspecified anxiety disorder is synonymous with Neurosis - which vet is already 70% SC for, in combination with residuals of TBI apparently). I am therefore not intending to change his Neurosis condition now, but Unspecified anxiety disorder is most accurate diagnosis consistent with DSM-V, as I see it now. Mental Disorder Diagnosis #2: Cognitive disorder due to Closed Head iInjury(CHI), due to 6/1/2006 "double-attacked anti-tank mine" IED blast. ICD code: 294.9 Comments, if any: Vet was in 2nd Iraq combat deployment - out of 3 tours he served there - when 6/1/06 IED hit his heavy equipment vehicle(which vet had referred to as 'palitizing loading system'). b. Medical diagnoses relevant to the understanding or management of the Mental Health Disorder (to include TBI): Vet is already 0% SC for migraine headaches. Comments, if any: Vet is already SC for migraine headaches. Vet is already 20% SC for Intervertebral DIsc Syndrome, 20% SC for Paralysis of musculospiral nerve(x2), 10% SC fo paralysis of sciatic nerve(x2). Vet also apparently had a 2/15/18 sleep study done that indicated a mild sleep apnea condition. 2. Differentiation of symptoms ------------------------------ a. Does the Veteran have more than one mental disorder diagnosed? [X] Yes [ ] No b. Is it possible to differentiate what symptom(s) is/are attributable to each diagnosis? [X] Yes [ ] No [ ] Not applicable (N/A) If yes, list which symptoms are attributable to each diagnosis and discuss whether there is any clinical association between these diagnoses Symptoms(i.e., anxiety, sleep problmes) are due to Unspecified anxiety disorder, while symptoms(memory problems, headaches) are due to Cognitive disorder due to CHI. c. Does the Veteran have a diagnosed traumatic brain injury (TBI)? [X] Yes [ ] No [ ] Not shown in records reviewed d. Is it possible to differentiate what symptom(s) is/are attributable to TBI and any non-TBI mental health diagnosis? [X] Yes [ ] No [ ] Not applicable (N/A) If yes, list which symptoms are attributable to TBI and which symptoms are attributable to a non-TBI mental health diagnosis see 2b above. 3. Occupational and social impairment ------------------------------------- a. Which of the following best summarizes the Veteran's level of occupational and social impairment with regards to all mental diagnoses? (Check only one) [X] Occupational and social impairment with deficiencies in most areas, such as work, school, family relations, judgment, thinking and/or mood b. For the indicated occupational and social impairment, is it possible to differentiate which impairment is caused by each mental disorder? [X] Yes [ ] No [ ] Not Applicable (N/A) If yes, list which occupational and social impairment is attributable to each diagnosis About 80% of vet's current occupational and social impairment is due to Unspecified anxiety disorder while about 20% is due to Cognitive disorder due to CHI. c. If a diagnosis of TBI exists, is it possible to differentiate which occupational and social impairment indicated above is caused by the TBI? [X] Yes [ ] No [ ] Not Applicable (N/A) If yes, list which impairment is attributable to TBI and which is attributable to any non-TBI mental health diagnosis see 3b above. SECTION II: ----------- Clinical Findings: ------------------ 1. Evidence Review ------------------ Evidence reviewed (check all that apply): [X] VA e-folder [X] CPRS [X] Other (please identify other evidence reviewed): Vet broiught a 4 page typed letter 1/12/19 done by himself describing in detail his current ongoing issues("I did not want to forget to tell you something important"), and vet admits it took him severalhours to complete(and which he kept revising many times). He brought a 2 page letter dated 1/27/19 done by his wife ******, a 2 page typed letter dated 1/17/19 done by mother ********, and a 1 page typed letter dated 1/27/19 done by vet's friend/combat comrade(served together in Iraq) named *******, and all 4 letter were reviewed by me. Evidence Comments: CPRS was reviewed by me and included my(***** MD) 12/5 18 Review TBI C+P exam report, as well as 5/16/14 C+P exam report done by Dr *****(sa well as Initial 2/18/11 MH C+P exam aslo done by Dr. ******. VBMS was reviewed by me and included vet's Army DD-214 signed b ***** which included MOS(88M30) Mortor Vehicle Operator,as well as E-6 discharge rank. His medals included CAB - among others, and he had Iraq combat dates of 1/03 - 7/03, 8/05 - 8/06, and 3/08 - 6/09 - for his 3 seperate Iraq combat tours. 2. History ---------- a. Relevant Social/Marital/Family history (pre-military, military, and post-military): Vet is married ****(and they have 2 sons(around ages 5 and nearly 7). b. Relevant Occupational and Educational history (pre-military, military, and post-military): Vet has been working in his current Passport Agency job since 2015(was at an administrative clerk(for a different agency) before that. c. Relevant Mental Health history, to include prescribed medications and family mental health (pre-military, military, and post-military): Vet has been on sertraline 150mg since 9/10/18 - it takes the "edge" off my problems, but he apparently has been having some sexual side effects(delayed ejaculation) related to that . d. Relevant Legal and Behavioral history (pre-military, military, and post-military): Vet has had no legal problems(and no jail time) since the 5/14/16 C+P exam report date. e. Relevant Substance abuse history (pre-military, military, and post-military): Vet has had no alcohol misuse disorder problems sicne 5/16/14. He has used no street drugs since 16/14. f. Other, if any: No response provided. 3. Symptoms ----------- For VA rating purposes, check all symptoms that actively apply to the Veteran's diagnoses: [X] Anxiety [X] Suspiciousness [X] Panic attacks that occur weekly or less often [X] Chronic sleep impairment [X] Mild memory loss, such as forgetting names, directions or recent events [X] Impairment of short- and long-term memory, for example, retention of only highly learned material, while forgetting to complete tasks [X] Disturbances of motivation and mood [X] Difficulty in establishing and maintaining effective work and social relationships [X] Difficulty in adapting to stressful circumstances, including work or a worklike setting [X] Obsessional rituals which interfere with routine activities 4. Behavioral observations -------------------------- Vet was totally genuine at the 1/28/19 Review Mental Health C+P exam. 5. Other symptoms ----------------- Does the Veteran have any other symptoms attributable to mental disorders that are not listed above? [X] Yes [ ] No If yes, describe: Vet admits to having anger difficulties, 'spacing out' at times, and general feeling of being confused/overwhelmed. He reports having lost his social "filter" abilities. He reports previously having been very "easygoing" prior to the military. Vet still gets nervous if seeing sandbags lying on the side of the road - left by construction crew(as that is what he looked for over in Iraq as being a potential IED.) He has to reorganize plates/trays a certain way, either at home or when leaving a restaurant, respectively. He denies having any suicidal thoughts("No, I'm addicted to life, I love breathing".). 6. Competency ------------- Is the Veteran capable of managing his or her financial affairs? [X] Yes [ ] No 7. Remarks (including any testing results), if any: --------------------------------------------------- Vet owns a pistol. He does not hunt - only tried it once, but did not get anything then. He denied having any current active suicidal or homicidal ideation.
  21. Forgive the first effort, injuries have a way of making things difficult..... Twenty-four years of dealing with the VA, and the difficulties at hand ensure negative results..... These are the copies of a C and P recently done at the VA, and leaves me to doubt this system is capable of conducting themselves in an ethical manner. Enjoy the insanity, this veteran is tired of paying the piper; Eighteen Years were Enough !!!! (Remand posted earlier.) Still waiting to address attorney with the results of this remand and the Shabby, Disrespectful, and unethical way in which this Veteran has been treated at the VA hands...... Document 16.pdf Document 17.pdf Document 18.pdf Document 44.pdf Document 45.pdf Document 46.pdf Document 1.pdf Document 2.pdf Document 3.pdf Document 4.pdf Document 5.pdf Document 6.pdf Document 7.pdf Document 8.pdf Document 9.pdf Document 10.pdf Document 11.pdf Document 12.pdf Document 13.pdf Document 14.pdf Document 15.pdf Document 35.pdf Document 36.pdf Document 37.pdf Document 38.pdf Document 39.pdf Document 40.pdf Document 41.pdf Document 42.pdf Document 43.pdf Document 19.pdf Document 20.pdf Document 21.pdf Document 22.pdf Document 23.pdf Document 24.pdf Document 25.pdf Document 26.pdf Document 27.pdf Document 28.pdf Document 29.pdf Document 30.pdf Document 31.pdf Document 32.pdf Document 33.pdf Document 34.pdf
  22. 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 been successful in winning an EDD due to never being notified of the diagnosis? Any other advice you can share while going through this process? Thanks so much in advance for your help.
  23. 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 dropped off the memory problems, post status head injury. They explained that they combined them. What is your thoughts on me being able to challenge this now that it is years later? I really thought that my depression had increased to 70% and TBI remained at 40%. It reads that way on ebenefits and my 90% rating did not change.
  24. Is TBI and Post Concussion Syndrome the same ? Will both fall under TBI?
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