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Is It An Order To This Madness And Is My Claim And Appeal In Order

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noslack404

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I filed my first claim for compainsation in 2005 with the DAV as part of my out processing at ft Campbell. The claim was for my back injury I got in jump school and was approved at 10% lower back. I later applied for ptsd and was approved at 10% for that also. I applied for an increase to the ptsd and was moved to 30% for that. I applied for an increase to the lower back in 2006 but was denied. I appealed this and requested the travel board. I applied for a claim for tbi do to an ied my gun truck hit but was denied. I got the hearing for the appeal in 2010 and the claim was remainded back to the Atlanta Va, with instructions to review my claim as a hold and summit a request for unemployeabilty. I last year applied for a increase to the ptsd, reopen the tbi, and summited a claim for the scars I got from the ied blast one in my face and one on my arm both pretty small. I have had a c/p for everything. I am awaiting the ruling of all of this. I check ebennys and get no info on my appeals but I get the status of the claims that I filed last year. What im wondering is what order will the va make a ruling all together for the claims and appeals are would I get spread out. P/s forgive me for the lack of grammer amd spelling im using a crazy phone and thanks agian for the help

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  • HadIt.com Elder

I am guessing from my own experience they will try and address all your claims. Have you ever gotten an independent medical opinion on your PTSD. That is the claim that is going to get you TDIU. 10% here and 10% there won't do it. The VA has very specific markers for your back to rate it. TBI and PTSD are more open to subjective opinion.

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Never got an outside opinion before I was put on long term from my job and I dont have the right kinda insurance to have it done now. If the BAV judge requested I summit the TDIU, will that help me get approved??. Im on long term disability and can not return to my job due to my back injury. Shouldn't that give me grounds for TDIU ? VA FORM 21-4192 is in my evidence with all the infromation of my status of long term with my employer

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  • HadIt.com Elder

If you can't work due to our SC disabilities then file for TDIU. You may have to ask for extraschedular since your combined rating is less than 60% with 40% for a single rating. The VA's rules contradict themselves. I think 4.16 b says if you can't work due to SC then you are entitled to TDIU. Then 4.16 a says you must be at least 60-70% disabled rated. I may not have the regs correct but that is the meaning. You need to get that PTSD rating bumped up to 70% if you can by any means necessary.

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At the travel board I explained that i was not able to work and placed on LTD from my employer thats way the judge requested I file a TDIU. Its included in the appeal now and I have a claim for increase to the ptsd and refiled the tbi with more evidence and claim for the scars also so hopefully I move to 70% thanks

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Got my award letter yesterday I was moved to 80%. Im very thankful but still have a few questions.the first is why I didnt get back pay for the date of the first claim. I first summited a claim for tbi in 2009. It was denied "evidence failed to show that you had been clinically dignosed with tbi that was incurred in or caused by your military service". It then goes on to say a review of service records show that on audiometric examination in 2004 you endorsed a history of being close to IED blast and post deployment questionnaire also from 2004. Treatment records from feb 2013 I was seen at tbi clinic. What the va did is say the my tbi is part of my ptsd and combined the two to increase my ptsd to 50% from 30%. im not understanding how they come up with just to combined the two and not back pay from the date I filed for tbi first in 2009 but just to increase and pay from the date I filed new claim

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