ptsd Whether It Is A Success Or Not, I'm Happy I've Heard Something Good.

[Hambone11B]

I'm not completely positive if its a victory or not but I got my SOC back from the VA for my NOD submitted in SEP10 and it states that after the DRO reviewed my case, their decision was to increase PTSD from 30% to 70% effective SEP09. They also denied my appeal for TBI after denying the initial claim, stating basically that although I do have TBI, the symptoms of TBI have been rated in conjunction with my SC PTSD. The interesting part to me is that in the SOC decision on my TBI they write the examiner did diagnose chronic headaches and that these headaches were in his opinion directly and definitively associated with my previous head trauma incurred during military service and AS such, a separate compensable evaluation has now been assigned for my headaches in association with my brain injury. If that means that I will get basically 70% for PTSD and TBI combined with a new claim for headaches opened than I'm all for it. If it doesn't mean that than oh well, at least I got something in my hands that says "Hey, you're currently not wasting away in a file cabinet". The best part is this new 70% rating puts me at about 92% overall using the calcs on here and with a GERD claim and perhaps this Headaches claim pending it might be just enough to push me over the hump to give me a 100% rating that doesn't involve TDIU (my TDIU claim is currently pending). Question I have though is with the headaches and the siezures and the balance problems I have and that are noted in the system, how do I accept the 70% for PTSD and say no to the rating they gave me for TBI? It says in the SOC to submit to the RO in writing if I accept the 70% rating as soon as possible but in the form 9 it just gives a blanket response to if I want to appeal these claims. I have more questions in the appealing Forum on here but after reading it over a hundred times it seems like this is my biggest question. Anyways...hopefully this is all good news but I dread hearing someone say that I am only in the beginning phases of the BS and none of this is the end all of what happens.

[jbasser]

Call the RO and ask them to call a Cue on themselves, They cannot group a TBI in with PTSD(rated under mental disorders). That is a mis application of the rating schedule big time.

Do you have a service officer helping you? Was the claim filed after 2008?

You need to appeal that one as they have to rate the TBI under the current TBI regs code 8045 (Neurological). It should not be rated with another disability. It can be a stressor, but needs to be rated under the correct criteria.

JBasser

[Berta]

John is Correct- TBI residuals cannot be lumped in with a PTSD rating.

"Question I have though is with the headaches and the siezures and the balance problems I have and that are noted in the system, how do I accept the 70% for PTSD and say no to the rating they gave me for TBI? It says in the SOC to submit to the RO in writing if I accept the 70% rating as soon as possible but in the form 9 it just gives a blanket response to if I want to appeal these claims."

I dont get the "blanket response" part.

On a I-9 Form you tell them why the RO is wrong for any7 disability decision that the BVA has jurisdiction over on the appealed decision.

Can you scan and attach here the entire decision (cover your name, C file # etc)

It would be more helpful if we can read VA actual wording of their SOC.Something doesn't seem right here.

[Hambone11B]

JBasser, the claim was started in MAR09 and yes I do have a VSO but they worry me in as they first informed me to wait to submit my NOD after recieving the initial claim, I then came back to find that guy didn't work there anymore and the guy that replaced him told me that I only had 60 days to submit an NOD and almost cost me 18 months of retro because of his misinformation. I then went to another lady in the same organization for help, and although she was much more helpful, I still had more knowledge about my case because of the help through you guys. Instead of her telling me or suggesting me what to write in my NOD and my claim for TDIU, she was asking me how to word it and seeing as how my training was done in the fields of Kansas, I was rather dumbfounded at the lack of know how on there part. I'm actually afraid to go into my VSO to have them tell me what my next course of action should be because they seem to just look at me like I might do a trick while I'm asking about it. TBH you guys should be a VSO as you've given me the most help.

Berta, I actually didnt read the Form 9 very carefully and thought that the 2 boxes in question 9 read that A. I want to appeal all and I thought that B. was saying that I accepted everything, I didn't realize it said I am only appealing these issues at the end so thats my bad and I apologize for the confusion. Now I don't have a scanner and I'm not sure where to go get it scanned so I am just going to type what they wrote out word for word. I will first just write the TBI denial response and after, if you think you'd like to see the PTSD response as well, I will type that out for you as well.

2. Service connection for residuals of traumatic brain injury (to include post concussive syndrome).

A review of the evidence indicates that service connection for residuals of traumatic brain injury, because although the evidence shows that you had a mild traumatic brain injury in service, upon previous examination, it was determinedthat none of your current residual disabilities were associated or casually related to your traumatic brain injury in service.

You appealed this decision and requested a Decision Review Officer to review your claim. Please be advised that a DRO reviewed all of the evidence in your claims file, to include the evidence considered in the prior decision as well as all evidence received since that decision. This review was conducted without consideration given to the prior decision.

In conjunction with your appeal, a complete review of the claims folder evidence was undertaken.

On March 2009, we recieved your claim for traumatic brain injury. We recieved VA treatment records noting that you were subjected to IED explosions during service. It was also noted that some of your symptoms overlapped with your symptoms of post traumatic stress disorder.

A review of your medical records from service document post concussion syndrome with headaches, fainting spells,and difficulty with balance. At the time of discharge, it was cited that your headaches and fainting spells had resolved. Additionally there was no mention of balance problems at the time of separation.

A VA examination was scheduled to evaluate your condition. The examiner noted that you had a mild TBI during service. He indicated that your headaches have resolved and are no longer active. He indicated that there was normal coordination and no evidence of abnormal cranial nerve function. No cognitive deficits, memory problems or attention deficits related to your TBI were identified. He did find that you suffered from tinnitus, cervical strain and knee strain. However, none of these disabilities were casually related to your brain injury incurred during service. Additionally, service connection was established for your tinnitus and cervical strain with separate evaluations assigned for each. Your night terrors were found to be correlated with your PTSD and not your TBI. (This paragraph is so ludicrous it makes me want to vomit. I don't know what examiner it was that wrote this but he must've examined someone else.)

Several statements were recieved fellow servicemen, attesting to the fact that you were injured in service and suffered a traumatic brain injury.

VA treatment records speak to the fact that you sustained a TBI and also document ongoing mental health treatment for your PTSD.

Another VA examination was scheduled in respect to your TBI to determine if you suffered from any residual disability in association with the same.

An examination was conducted onMarch 30, 2011, and it was duly noted that you sustained a head injury during military service. You reported headaches, difficulties with memory, difficulties with concentration, and pain in your lower back. You reported several episodes of syncope as well. It was also noted that your VA records confirm that you were started on medication for your episodes of syncope. You reported ongoing headaches but denied any current treatment for same.

In terms of cognitive deficits, you stated that these make it difficult for you to find or maintain a job. The examiner noted that you contend with psychiatric symptoms to include mood swings, anxiety, depression, irritability and restlessness. Fatigue, malaise and ongoing sleep disturbances were also noted.

Cognitive impairment, to include problems with memory and concentration were noted and you reported that they affect daily functioning to include functions like paying bills. You reported ongoing headaches but denied any treatment for same. You did cite that your headaches occur on a daily basis and are exacerbated by light and sometimes you need to stay in a darkened room to help mitigate the headaches.

In terms of cognitive deficits, you stated that these make it difficult for you to find or maintain a job. The examiner noted that you contend with psychiatric symptoms to include mood swings, anxiety, depression, irritability and restlessness. Fatigue, malaise and ongoing sleep disturbances were also noted.

Cognitive impairment, to include problems with memory and concentration were noted and you reported that they affect daily functioning to include functions like paying bills.

Following examination, the examiner indicated that your subjective complaints of memory impairment and poor concentration were casually related to your service connected PTSD and have been given due consideration in the current evaluation assigned for this disability.

In terms of your balance issues, the examiner sited the fact that this does not cause you to fall or impede your daily activities. It was determined that it was less likely than not that your balance problems were attributable to your TBI in service.

However, the examiner did diagnose chronic headaches, mixed type with a tension component as well as a migranous component. He went on to state that it was his opinion that these headaches were directly and definitively associated with your previous head trauma incurred during military service. AS such, a separate compensable evaluation has now been assigned for your headaches in association with your previous brain injury in service.

In terms of other cognitive symptoms, to include memory impairment, concentration difficulties, word finding difficulties, all these symptoms have been ascribed to your service connected PTSD, and as previously noted these symptoms have been rated in conjunction with your service connected PTSD and given due credence in the current 70 percent evaluation assigned for same.

In the absence of any other current residual disabilities associated with your TBI incurred in service, service connection remains denied.

That is the denial response in its entirety. My apologies for not having a method of scanning it.

[Notorious Kelly]

Congratulations, Hambone, and all the best with your continuing claims!