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Va Called Me Today On Iu Claim

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kris

Question

The regional office called me today and said they need stressor letters again with time lines. I am 50% going for IU. I am very confused on why I have to do this over again. I sent the VA my stressors in 2005.

I have been treated by the VA for well over two years for PTSD on almost a weekly basis and sometimes twice a week when I have classes.

My first CP exam I had the doctor dignosed me with panic attacks and major depression. Gafs 40 and 43. He did not give me PTSD. I got 50%

I had the same CP Doctor last month for a new exam and although I have been being seen for PTSD he again dignosed me with this time

Generalized anxiety Disorder Gaf 35

Panic attacks Gaf 38

Major Depression Gaf 38

\

I told the gentleman that called me that the VA already had stressor letters from 2005. He said they didn't. I told him they were in my C-file. He said no that they just got my service records the other day.

I know they had my Service Records already and the letters because I have a copy of my C-file, thanks to you guys. He said to write the letters again and that I could't send him copies of the letters from the first time around.

This is were I need your help. When I first wrote my stresser letters in 2005 I had never seen my service records. When I wrote one of my stressors I had to go by memory of this event that happened 30 years before and I was off by 6 months. Is this going to hurt me with my claim when I correct the time line.

Thank you Kris

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Kris,

It appears that you filed a claim for PTSD?? If you're already service-connected for a menatl condition at 50%, filing a claim for another menatal condition won't get you anything finacially.

If you did file another claim for PTSD, the RO must work that claim regardless of what you are already service-connected for, hence the request for a stressor letter.

What the VA will try to do now is determine which mental condition is the worse of the two and if PTSD can be granted service-connection, they'll assign the evaluation with the higher percentage.

Berta,

When a veteran has post cuncussion syndrome and only has subjective complaints, then they're rated under DC 9304 for Dementia, which is the "menatal residuals" so to speak of physical brain trauma. So if a veteran has also PTSD, then of course the VA would assign the higher of the ratings since they both are mental disabilities (DC 9304 and 9411). Does this make sense?? I've tried to explain this to Rocky many, many times. The only time a veteran can receive both a mental evaluation along with post concussion syndrom is if there is evidence of a neurological disabilty such as hemiplegia, epileptiform seizures, or facial nerve paralysis. Since these are neurological disabilities, the VA can award seperate evaluations without pyramiding;

"8045 Brain disease due to trauma:

Purely neurological disabilities, such as hemiplegia, epileptiform seizures, facial nerve paralysis, etc., following trauma to the brain, will be rated under the diagnostic codes specifically dealing with such disabilities, with citation of a hyphenated diagnostic code (e.g., 8045–8207).

Purely subjective complaints such as headache, dizziness, insomnia, etc., recognized as symptomatic of brain trauma, will be rated 10 percent and no more under diagnostic code 9304. This 10 percent rating will not be combined with any other rating for a disability due to brain trauma. Ratings in excess of 10 percent for brain disease due to trauma under diagnostic code 9304 are not assignable in the absence of a diagnosis of multi-infarct dementia associated with brain trauma"

Vike 17

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Makes sense to me Vike- the VA rated Rod's CVA (documented by VA as 1151 disability)

as you said - due to neurological deficits-

such as one prior stroke had damaged his vision-the major CVA had caused paraylsis etc-

I think VA rated these as residuals of CVA unde the code you gave -8045- and VA said he had multi-infarct demetia resulting from strokes too.

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