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    When a Veteran starts considering whether or not to file a VA Disability Claim, there are a lot of questions that he or she tends to ask. Over the last 10 years, the following are the 14 most common basic questions I am asked about ...
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  • Can a 100 percent Disabled Veteran Work and Earn an Income?

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    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

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drilledcheese

Dbq Not Accurately Recorded.

Question

Hi everyone, I am new to the forum and just had an odd experience with a C&P.

I have an instance of mild concussion on my c-file from 01, additionally; I had a motorcycle accident in which I was unconscious. This second TBI was not recorded because I downplayed the symptoms at the time. My CO, “had a talk” with me about my reckless behavior, as I was into action sports, i.e. freestyle skiing and motocross, and had gotten injured a few times. My performance was always great, but my off-duty hobbies were fairly dangerous.

I put in for TBI residuals in 2012, and after a year completed a C&P, which included a DBQ. I am familiar with a DBQ, and read the questions before going in. I knew my responses when I went in and was honest. However, the physician seeing me did not accurately record my responses. He used extremely downplayed versions of what I said in the notes, such as “occasionally forgets names,” and “sometimes get anxious when he gets lost occasionally in unfamiliar situations.” I know for a fact that I responded that “[i struggle with getting lost, even in familiar settings, but I can use tools like a GPS. I need a GPS, even in familiar settings, i.e. my own neighborhood. ]“

I respect his medical opinion that a nexus between my concussion and symptoms do not exist, but he did downplay my responses to a point where I am concerned about his professionalism. I am an educated professional myself, and my TBI does effect me, and I was sure to respond with all of my subjective symptoms. He failed to document my responses.

I have some objective evidence that was entered during the polytrauma exam, and a diagnosis of TBI on my C-file. However, the C&P DBQ was not accurately recorded. I am concerned that this will impact my rating, and my claim is now with the VBA, so a decision will likely be made in the very near future. I was certain that I was qualified for 40%, but now I don’t even think I will get 10%.

What should I do?

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Welcome

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"I have some objective evidence that was entered during the polytrauma exam, and a diagnosis of TBI on my C-file."

2 questions......

do you have proof of the initial inservice TBI in your SMRs?

do you have documented disabilities that you claimed as residuals from the TBI inservice,which fit into the TBI criteria here at hadit??

I am curious as to what the 'objective evidence' was during the polytrauma exam.

Do you have a copy yet of the TBI exam results?

We can help more if we can read exactly what the doc wrote down..

"I respect his medical opinion that a nexus between my concussion and symptoms do not exist,"....

By concussion do you mean the initial TBI? or did he refer to the accident where you lost consciousness?

Welcome here and thank you for your service.

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Are you saying he stated your accidents did NOT cause your TBI residuals? If so, then there will be no service connection-in effect, a denial.

If he did agree that at least one of your in service accidents caused your TBI and he did not write down what you said, you have the option to upload a statement to your claim through Ebenefits & ask the rater for a new exam because that one was insufficient & faulty.

You have a copy of the exam, right?

I assume you are familiar with the way the rating works for this contention? They rate your percentage based not on the average of your score, but instead on your single highest score. As long as any one category is scored a "2", then your percentage would be 40. Likewise, if your highest score is a "1", then your rating would be 10%, and if your highest score is a "3", then the percentage would be 70.

Edited by NavyWife

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He said my symptoms were unlikely caused by my concusion. However, I do have a polytrauma exam where several providers stated my symptoms were due to the concussion.

Yes, there is a note of concussion on my c-file, but the major concussion was from the motorcycle accident, and that does not list any concussion, but that is the one that messed me up.

I am hoping I don't have to fight this, I feel that the c&p doc was misleading, or rather he misunderstood me. I am just hoping for the best, and I think I could formulate a good argument as to why I should receive a rating.

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I just looked in ebenifits, it says I am in the "review of evidence" phase. What should I submit to defend my posistion?

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