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PfcBrink65th

Granted Sc For Tbi, But Nonsc 0% For Epilepsy, That Va Doctors Diagnosed As Resulting From Tbi

Question

When my claim was referred by my VA doctors and advocates to the Compensation and pension board, the ratings officers have either denied, dismissed, or stalled the doctors claims and test results without even reviewing the records or test results provided by the VA hospital. I am a medically retired veteran who was awarded and diagnosed with a Traumatic Brain Injury resulting in permanent epilepsy and organic severe mood disorder. These Diagnosed conditions were formally made and entered into my permanent records, by 2 VA neurologist, several VA psychologists, and my VA primary care physician. I have since been prescribed a number of several seizure medications and mood stabilizers. I have also experienced seizures on the EEG machine recorded and witnessed on the machine and by staff. I have also spent weeks in a VA psych ward before being diagnosed with Post traumatic Seizure disorder not to be confused with PTSD. Post traumatic SEIZURE disorder is a form of epilepsy only caused by Brain injuries, that also causes severe mood disorders. The VA actually reported my condition to the department of motor vehicles, resulting in the revocation of my driving privileges. However when my claim and records were sent to the review board for Compensation and Pension, It was entered that my records were not available for review, but that yes i have a service connected Traumatic Brain Injury, and was granted a 20% ($251.00 dollars a month) but that my epilepsy and mood disorder couldn't be connected to my TBI because my "Traumatic" Brain Injury that resulted in my official medical military retirement was only a Mild TBI. Somehow this was obvious without even looking in my records because they were not available. This is the exact wording of the entry into my records which they now claim to have found and givin me a copy of containing all this information, but i am required to file an appeal that they say will take 3-4 years. At this time my case has been in review and in process for over two years, In that time they have made and retracted 2 decisions. Once I filed the apeall my appointments and medication has been discontinued by VAMC and I have been told to withdrawl and file a new claim.

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http://www.ecfr.gov/cgi-bin/text-idx?c=ecfr&SID=72cab73a50af92c91f9bcd13cac61367&rgn=div8&view=text&node=38:1.0.1.1.5.2.110.63&idno=38

4.121 Identification of epilepsy.

When there is doubt as to the true nature of epileptiform attacks, neurological observation in a hospital adequate to make such a study is necessary. To warrant a rating for epilepsy, the seizures must be witnessed or verified at some time by a physician. As to frequency, competent, consistent lay testimony emphasizing convulsive and immediate post-convulsive characteristics may be accepted. The frequency of seizures should be ascertained under the ordinary conditions of life (while not hospitalized).

http://www.ecfr.gov/cgi-bin/text-idx?c=ecfr&SID=72cab73a50af92c91f9bcd13cac61367&rgn=div8&view=text&node=38:1.0.1.1.5.2.110.64&idno=38

4.122 Psychomotor epilepsy.

The term psychomotor epilepsy refers to a condition that is characterized by seizures and not uncommonly by a chronic psychiatric disturbance as well.

(a) Psychomotor seizures consist of episodic alterations in conscious control that may be associated with automatic states, generalized convulsions, random motor movements (chewing, lip smacking, fumbling), hallucinatory phenomena (involving taste, smell, sound, vision), perceptual illusions (deja vu, feelings of loneliness, strangeness, macropsia, micropsia, dreamy states), alterations in thinking (not open to reason), alterations in memory, abnormalities of mood or affect (fear, alarm, terror, anger, dread, well-being), and autonomic disturbances (sweating, pallor, flushing of the face, visceral phenomena such as nausea, vomiting, defecation, a rising feeling of warmth in the abdomen). Automatic states or automatisms are characterized by episodes of irrational, irrelevant, disjointed, unconventional, asocial, purposeless though seemingly coordinated and purposeful, confused or inappropriate activity of one to several minutes (or, infrequently, hours) duration with subsequent amnesia for the seizure. Examples: A person of high social standing remained seated, muttered angrily, and rubbed the arms of his chair while the National Anthem was being played; an apparently normal person suddenly disrobed in public; a man traded an expensive automobile for an antiquated automobile in poor mechanical condition and after regaining conscious control, discovered that he had signed an agreement to pay an additional sum of money in the trade. The seizure manifestations of psychomotor epilepsy vary from patient to patient and in the same patient from seizure to seizure.

(b) A chronic mental disorder is not uncommon as an interseizure manifestation of psychomotor epilepsy and may include psychiatric disturbances extending from minimal anxiety to severe personality disorder (as distinguished from developmental) or almost complete personality disintegration (psychosis). The manifestations of a chronic mental disorder associated with psychomotor epilepsy, like those of the seizures, are protean in character.

http://www.ecfr.gov/cgi-bin/text-idx?c=ecfr&SID=72cab73a50af92c91f9bcd13cac61367&rgn=div8&view=text&node=38:1.0.1.1.5.2.110.67&idno=38

4.124a Schedule of ratingsneurological conditions and convulsive disorders.

[With the exceptions noted, disability from the following diseases and their residuals may be rated from 10 percent to 100 percent in proportion to the impairment of motor, sensory, or mental function. Consider especially psychotic manifestations, complete or partial loss of use of one or more extremities, speech disturbances, impairment of vision, disturbances of gait, tremors, visceral manifestations, etc., referring to the appropriate bodily system of the schedule. partial loss of use of one or more extremities from neurological lesions, rate by comparison with the mild, moderate, severe, or complete paralysis of peripheral nerves]

8045 Residuals of traumatic brain injury (TBI):

The Epilepsies

Rating

A thorough study of all material in §§ 4.121 and 4.122 of the preface and under the ratings for epilepsy is necessary prior to any rating action.

8910 Epilepsy, grand mal.

Rate under the general rating formula for major seizures.

8911 Epilepsy, petit mal.

Rate under the general rating formula for minor seizures.

Note (1): A major seizure is characterized by the generalized tonic-clonic convulsion with unconsciousness.

Note (2): A minor seizure consists of a brief interruption in consciousness or conscious control associated with staring or rhythmic blinking of the eyes or nodding of the head (pure petit mal), or sudden jerking movements of the arms, trunk, or head (myoclonic type) or sudden loss of postural control (akinetic type).

General Rating Formula for Major and Minor Epileptic Seizures:

Averaging at least 1 major seizure per month over the last year 100

Averaging at least 1 major seizure in 3 months over the last year; or more than 10 minor seizures weekly 80

Averaging at least 1 major seizure in 4 months over the last year; or 9-10 minor seizures per week 60

At least 1 major seizure in the last 6 months or 2 in the last year; or averaging at least 5 to 8 minor seizures weekly 40

At least 1 major seizure in the last 2 years; or at least 2 minor seizures in the last 6 months 20

A confirmed diagnosis of epilepsy with a history of seizures 10

Note (1): When continuous medication is shown necessary for the control of epilepsy, the minimum evaluation will be 10 percent. This rating will not be combined with any other rating for epilepsy.

Note (2): In the presence of major and minor seizures, rate the predominating type.

Note (3): There will be no distinction between diurnal and nocturnal major seizures.

8912 Epilepsy, Jacksonian and focal motor or sensory.

8913 Epilepsy, diencephalic.

Rate as minor seizures, except in the presence of major and minor seizures, rate the predominating type.

8914 Epilepsy, psychomotor.

Major seizures:

Psychomotor seizures will be rated as major seizures under the general rating formula when characterized by automatic states and/or generalized convulsions with unconsciousness.

Minor seizures:

Psychomotor seizures will be rated as minor seizures under the general rating formula when characterized by brief transient episodes of random motor movements, hallucinations, perceptual illusions, abnormalities of thinking, memory or mood, or autonomic disturbances.

Mental Disorders in Epilepsies: A nonpsychotic organic brain syndrome will be rated separately under the appropriate diagnostic code (e.g., 9304 or 9326). In the absence of a diagnosis of non-psychotic organic psychiatric disturbance (psychotic, psychoneurotic or personality disorder) if diagnosed and shown to be secondary to or directly associated with epilepsy will be rated separately. The psychotic or psychroneurotic disorder will be rated under the appropriate diagnostic code. The personality disorder will be rated as a dementia (e.g., diagnostic code 9304 or 9326).

Epilepsy and Unemployability: (1) Rating specialists must bear in mind that the epileptic, although his or her seizures are controlled, may find employment and rehabilitation difficult of attainment due to employer reluctance to the hiring of the epileptic.

(2) Where a case is encountered with a definite history of unemployment, full and complete development should be undertaken to ascertain whether the epilepsy is the determining factor in his or her inability to obtain employment.

(3) The assent of the claimant should first be obtained for permission to conduct this economic and social survey. The purpose of this survey is to secure all the relevant facts and data necessary to permit of a true judgment as to the reason for his or her unemployment and should include information as to:

(a) Education;

(b) Occupations prior and subsequent to service;

© Places of employment and reasons for termination;

(d) Wages received;

(e) Number of seizures.

(4) Upon completion of this survey and current examination, the case should have rating board consideration. Where in the judgment of the rating board the veteran's unemployability is due to epilepsy and jurisdiction is not vested in that body by reason of schedular evaluations, the case should be submitted to the Director, Compensation and Pension Service.

(Authority: 38 U.S.C. 1155)

[29 FR 6718, May 22, 1964, as amended at 40 FR 42540, Sept. 15, 1975; 41 FR 11302, Mar. 18, 1976; 43 FR 45362, Oct. 2, 1978; 54 FR 4282, Jan. 30, 1989; 54 FR 49755, Dec. 1, 1989; 55 FR 154, Jan. 3, 1990; 56 FR 51653, Oct. 15, 1991; 57 FR 24364, June 9, 1992; 70 FR 75399, Dec. 20, 2005; 73 FR 54705, Sept. 23, 2008; 73 FR 69554, Nov. 19, 2008; 76 FR 78824, Dec. 20, 2011]

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"In that time they have made and retracted 2 decisions."

Can you explain what you mean by retracted ?

"Once I filed the apeall my appointments and medication has been discontinued by VAMC and I have been told to withdrawl and file a new claim."

Who told you that? a VSO or service officer? or the VA????

"This is the exact wording of the entry into my records which they now claim to have found and givin me a copy of containing all this information, but i am required to file an appeal that they say will take 3-4 years."

?????????????????? Can you possibly scan and attach here the Reasons and bases on the last decision you got? Cover the name,address C file etc but make sure we can see the date of that decision.

How long were you in before they medically retired you??????

Do you get TRICARE?

Somethingt sure is drastically wrong here......

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I was medically retired from active duty with service connected TBI with residuals july of 2002seizure th at 30%SC. During my last six months of service I sought and recieved treatment for waking up sore and incontinent. I did not know at the time I was developing epilepsy. In 2003 after a family member witnessed a gran mal seizure I went to the St Louis VAMC and underwent a sleep deprived EEG. I had a seizure on the EEG and it was recorded into my records and was prescribed Dilantin seizure medication. In Feb 2004 I began suffering severe abnormal behavior and was takin back to the VAMC psych ward for two weeks during that time I was medicated with Depicote mood stabilizers but the behavior continued. I was then given an MRI and the results were abnormal showing damage to the Temporal lobe. The behavior was diagnosed as a result of epileptiform activity rather than a psychiatric condition and My seizure medications were changed accordingly. I was then diagnosed with Post Tramatic Seizure Disorder with secondary Mood disorder caused by Petit mal seizures resulting from a Brain injury. I did not file a VA claim at this time because of Pride. I continued recieving medical and psychiatric treatment from the VA however. In Feb 2009 My epilepsy medications started not to work anymore and I began having seizures twice to three times a week. After having a seizure that resulted in a concussion requiring stitches at my job, I was reported by the VAMC to DMV and my driving priveledges were suspended and medication changed. I was also required by my employer to get medical clearance to return to work which the VAMC neurologist refused saying my seizures were too frequent. I then filed a claim with the VA. In 2010 I recieved an award letter saying they were lowering my rating to 0% because my records weren't available at the time of decision and no evidence was present. After contacting the VARO and supplying my personal copy the 0% was wirhdrawn and I recieved a new award letter of 10% 20% lower than from the one givin by the Army. I requested a DOR and the 10% was withdrawn again and I was awarded 20%. I filed an appeall. Because of financial hardships and continued denial of driving privledges because of continued seizure activity and lack of employment I moved in with my parents in SC. I then went to the Charlston VAMC and enrolled and recieved notification that when the RO my previous state of residence sent my records I would recieve treatment again. After my claim and recordsd were sent to the SC VARO and VAMC and was reviewed the SC VARO refused to process my claim because the amount of backpay accrued and my claim and C-file were returned to the VARO in which They had been sent from. After not recieving any appointments or medication from the SC VAMC I contacted the SC VARO to see what was going on. I was told then to contact the VARO who was processing my claim and have my records returned th SC VAMC. I asked isn't my med records in a computer system as I had been told? They answered that South Carolina isn't electronic as of this time and they needed my hard copy C-file. After contacting the VARO who was handling my Claim and had my C-file, I was told to withdrawl my 3 yr old claim and file a new one in my new state of residence and they would send my C-file to SC. It has been nearly 11 months since I have recieved medication or psychiatric care or seen a neurologist due to the claim that they need my records first.

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"In that time they have made and retracted 2 decisions."

Can you explain what you mean by retracted ?

"Once I filed the apeall my appointments and medication has been discontinued by VAMC and I have been told to withdrawl and file a new claim."

Who told you that? a VSO or service officer? or the VA????

"This is the exact wording of the entry into my records which they now claim to have found and givin me a copy of containing all this information, but i am required to file an appeal that they say will take 3-4 years."

?????????????????? Can you possibly scan and attach here the Reasons and bases on the last decision you got? Cover the name,address C file etc but make sure we can see the date of that decision.

How long were you in before they medically retired you??????

Do you get TRICARE?

Somethingt sure is drastically wrong here......

I was medically retired from active duty with service connected TBI with residuals july of 2002seizure th at 30%SC. During my last six months of service I sought and recieved treatment for waking up sore and incontinent. I did not know at the time I was developing epilepsy. In 2003 after a family member witnessed a gran mal seizure I went to the St Louis VAMC and underwent a sleep deprived EEG. I had a seizure on the EEG and it was recorded into my records and was prescribed Dilantin seizure medication. In Feb 2004 I began suffering severe abnormal behavior and was takin back to the VAMC psych ward for two weeks during that time I was medicated with Depicote mood stabilizers but the behavior continued. I was then given an MRI and the results were abnormal showing damage to the Temporal lobe. The behavior was diagnosed as a result of epileptiform activity rather than a psychiatric condition and My seizure medications were changed accordingly. I was then diagnosed with Post Tramatic Seizure Disorder with secondary Mood disorder caused by Petit mal seizures resulting from a Brain injury. I did not file a VA claim at this time because of Pride. I continued recieving medical and psychiatric treatment from the VA however. In Feb 2009 My epilepsy medications started not to work anymore and I began having seizures twice to three times a week. After having a seizure that resulted in a concussion requiring stitches at my job, I was reported by the VAMC to DMV and my driving priveledges were suspended and medication changed. I was also required by my employer to get medical clearance to return to work which the VAMC neurologist refused saying my seizures were too frequent. I then filed a claim with the VA. In 2010 I recieved an award letter saying they were lowering my rating to 0% because my records weren't available at the time of decision and no evidence was present. After contacting the VARO and supplying my personal copy the 0% was wirhdrawn and I recieved a new award letter of 10% 20% lower than from the one givin by the Army. I requested a DOR and the 10% was withdrawn again and I was awarded 20%. I filed an appeall. Because of financial hardships and continued denial of driving privledges because of continued seizure activity and lack of employment I moved in with my parents in SC. I then went to the Charlston VAMC and enrolled and recieved notification that when the RO my previous state of residence sent my records I would recieve treatment again. After my claim and recordsd were sent to the SC VARO and VAMC and was reviewed the SC VARO refused to process my claim because the amount of backpay accrued and my claim and C-file were returned to the VARO in which They had been sent from. After not recieving any appointments or medication from the SC VAMC I contacted the SC VARO to see what was going on. I was told then to contact the VARO who was processing my claim and have my records returned th SC VAMC. I asked isn't my med records in a computer system as I had been told? They answered that South Carolina isn't electronic as of this time and they needed my hard copy C-file. After contacting the VARO who was handling my Claim and had my C-file, I was told to withdrawl my 3 yr old claim and file a new one in my new state of residence and they would send my C-file to SC. It has been nearly 11 months since I have recieved medication or psychiatric care or seen a neurologist due to the claim that they need my records first.

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No i do not recieve tri-care and elegibilty is pending availability of my C-file from the state it is being processed in. I served for almost 5 years but began having seizures about two years after the TBI. I guess I need to update my member profile as I am not a seaman or a recruit.

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