Jump to content
Using an Ad Blocker? Consider adding HadIt.com as an exception. Hadit.com is funded through advertising, ad free memberships, contributions and out of pocket. ×
  • 0

Ptsd, Tbi, Obs


Berta
This thread is over 365 days old and has been closed.

Please post your question as a New Topic by clicking this link and choosing which forum to post in.

For almost everything you are going to want to post in VA Claims Research.

If this is your first time posting. Take a moment and read our Guidelines. It will inform you of what is and isn't acceptable and tips on getting your questions answered. 

 

Remember, everyone who comes here is a volunteer. At one point, they went to the forums looking for information. They liked it here and decided to stay and help other veterans. They share their personal experience, providing links to the law and reference materials and support because working on your claim can be exhausting and beyond frustrating. 

 

This thread may still provide value to you and is worth at least skimming through the responses to see if any of them answer your question. Knowledge Is Power, and there is a lot of knowledge in older threads.

 

spacer.png

Question

Many OIF OEF vets as well as many vets from other wars have gotten the Personality Disorder disagnosis -with no real medical basis in fact-

Hopefully they all appeal their claims.

Many OIF OEF vets as well as any other vets can have both TBI residuals, or organic brain syndrome ( which could be from DMII strokes etc)and have PTSD as well.

These are all separate disabilities and cannot be considered as pyramiding-however they can be found as one secondary to the other or completely separate from each other.

In my reply to VAF here today-I tried to explain this- and I have discussed this situation with some lawyers who rep veterans.

This BVA decision explains it better than I can:

http://www.va.gov/vetapp08/files3/0825366.txt

In part:

"In a February 2007

VA compensation examination report, a physician offered Axis

I diagnoses of PTSD and of "cognitive disorder, no other

symptoms" which clearly distinguishes the cognitive disorder

from the primary psychiatric diagnosis of PTSD. The

physician further explained, "I did not find any evidence

that the veteran's cognitive disorder was related in any way

to his posttraumatic stress disorder symptomatology."

Finally, the physician stated, "I did not see any evidence

suggesting any etiology for his cognitive difficulties other

than his exposure to heat stroke."

The February 2007 VA physician specifically noted that a

cognitive disorder had caused memory impairment, whereas PTSD

symptoms included nightmares, intrusive thoughts, startled

response, discomfort around crowds, and avoidance of war

movies.

Not only do medical professionals agree that the cognitive

disorder is a separate disability. In fact, separate ratings

(for cognitive versus mental disorders) are also mandated by

38 C.F.R. § 4.126 © (2007), which states:

Delirium, dementia, and amnestic and other

cognitive disorders shall be evaluated under the

general rating formula for mental disorders;

Neurologic deficits or other impairments [emphasis

added] stemming from the same etiology (e.g. a head

injury) shall be evaluated separately [emphasis

added] and combined with the evaluation for

delirium, dementia, or amnestic or other cognitive

disorder (see § 4.25). "

While BVA decisions are not binding in any way as sent in to support a similiar claim regarding medical evidence-or a nexus --- BVA decisions that interpret VA regs are certainly acceptable submissions of evidence as to interpretations of basic VA 101 case law and regs.

This is a great decision as it does explain how VA must differentiate between organic and psychological disabilities.

And rate them separately.

As more OIF OEF men and women find hadit, this case might become very helpful for them.

Link to comment
Share on other sites

  • Answers 3
  • Created
  • Last Reply

Top Posters For This Question

Top Posters For This Question

3 answers to this question

Recommended Posts

Thank you Berta. Very interesting decision. For clarification: is it accurate to state then that if an organic brain syndrome / disorder results from an already service connected TBI rated under the new guidelines, there should be two separate ratings? i.e., one for the TBI and another for the OBS?

Link to comment
Share on other sites

As I understand it-

once a TBI has been established as having occurred-then the VA rates the residuals from it -if the residuals are disabling at a ratable and compensable level.

My husband had similiar issue OBS due to 1151 (and AO) stroke.

The stroke ,per se, wasnt rated -but the residuals of the disabling extent of the brain damage of the stroke was rated.

I

Link to comment
Share on other sites

Berta, Thanks for the reply. I understand it is the residuals that are rated. What I'm confused about is the meaning from use of the word "AND" in the passage below since separate ratinga are apparently mandated by 38 C.F.R. § 4.126 © (2007). What does "evaluated separately" and then "combined with the evaluation" mean? Any further thoughts please on if the VA should split off the TBI caused OBS residuals from the TBI residuals to arrive at 2 separate ratings: one for the TBI residuals and the other for the OBS residuals? Perhaps it might help for clarification of my question if the Organic Brain Syndrome might be considered a secondary condition resulting from the TBI?

Not only do medical professionals agree that the cognitive

disorder is a separate disability. In fact, separate ratings

(for cognitive versus mental disorders) are also mandated by

38 C.F.R. § 4.126 © (2007), which states:

Delirium, dementia, and amnestic and other

cognitive disorders shall be evaluated under the

general rating formula for mental disorders;

Neurologic deficits or other impairments [emphasis

added] stemming from the same etiology (e.g. a head

injury) shall be evaluated separately [emphasis

added] AND combined with the evaluation for

delirium, dementia, or amnestic or other cognitive

disorder (see § 4.25).

Link to comment
Share on other sites

  • veterans-crisis-line.jpg
    The Veterans Crisis Line can help even if you’re not enrolled in VA benefits or health care.

    CHAT NOW

  • Advertisemnt

  • question-001.jpegLooking for Answers? Here are tips for finding the answers you seek.

     

    All VA Claims questions should be posted on our forums. To post, you must register. Registration is free. You can register for a free account here.

     

    You can read the forums without registering.

     

    Tips on posting on the forums.
     

    1. Post a clear title like ‘Need help preparing PTSD claim’ or “VA med center won’t schedule my surgery” instead of ‘I have a question.
    2. Knowledgeable people who don’t have time to read all posts may skip yours if your need isn’t clear in the title. I don’t read all posts every login and will gravitate towards those I have more info on.
    3. Use paragraphs instead of one massive, rambling introduction or story. Again – You want to make it easy for others to help. If your question is buried in a monster paragraph, there are fewer who will investigate to dig it out.

     

    Leading to:

     

    Post straightforward questions and then post background information.

     

    Examples:
     
    • A. I was previously denied for apnea – Should I refile a claim?
      • Adding Background information in your post will help members understand what information you are looking for so they can assist you in finding it.
    • I was diagnosed with apnea in service and received a CPAP machine, but the claim was denied in 2008. Should I refile?
       
    • B. I may have PTSD- how can I be sure?
      • See how the details below give us a better understanding of what you’re claiming.
        • I was involved in a traumatic incident on base in 1974 and have had nightmares ever since, but I did not go to mental health while enlisted. How can I get help?

     

    This gives members a starting point to ask clarifying questions like “Can you post the Reasons for Denial from your claim?” etc.

     

    Note:

     

    • Your first posts on the board may be delayed before they appear as they are reviewed.
    • This process does not take long.
    • Your first posts on the board may be delayed before they appear as they are reviewed. The review requirement will usually be removed by the 6th post. However, we reserve the right to keep anyone on moderator preview.
    • This process allows us to remove spam and other junk posts before hitting the board. We want to keep the focus on VA Claims, and this helps us do that.
  • Most Common VA Disabilities Claimed for Compensation:   

    tinnitus-005.pngptsd-005.pnglumbosacral-005.pngscars-005.pnglimitation-flexion-knee-005.pngdiabetes-005.pnglimitation-motion-ankle-005.pngparalysis-005.pngdegenerative-arthitis-spine-005.pngtbi-traumatic-brain-injury-005.png

  • Advertisemnt

  • VA Watchdog

  • Advertisemnt

  • Ads

  • Can a 100 percent Disabled Veteran Work and Earn an Income?

    employment 2.jpeg

    You’ve just been rated 100% disabled by the Veterans Affairs. After the excitement of finally having the rating you deserve wears off, you start asking questions. One of the first questions that you might ask is this: It’s a legitimate question – rare is the Veteran that finds themselves sitting on the couch eating bon-bons … Continue reading

×
×
  • Create New...

Important Information

{terms] and Guidelines

<——>