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Please Give Me Some Insight On My Husbands Claim


cbras9
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My husband was a narcotic agent severly beaten in the line of duty. He is brain damaged and I am trying to get a increase in his disability from the injuries received in the Army. My husband just received the following C&Ps. The first I think service connected his right upper extremity. The doctor wrote the following he is not able to make any movement at right shoulder,right elbow or right wrist. He is not able to make any movement of right thumb or right hand fingers,not able to make a right hand grip.

Diagnoses:

1 Right upper extremity pain and weakness is likely due to status post injury/surgery of right shoulder joint.

2 opinion regarding right hand grip: In my opinion patient does not have any grip on the right hand and this condition is likely due to status post right shoulder condition and unlikely due to traumatic brain injury

Another C&P the same week found him incompident to handle his affairs

I wrote a letter today for aid and attendance also unemployable (Did I do the right thing)

Edited by cbras9
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What SC comp % does he get now- and what for-

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Huh? Did he get a military retirement?

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What I mean is what % was he discharged with?

Did you file the formal TDIU form? I will attach it- question # 18- put yes and then have him apply for SSA-

Under # 25 remarks- elaborate a little on the service connected injury and the brain damage-

I am assuming he has had MRIs etc that confirm ischemia of traumatic nature to his brain?

TDIU_form.pdf

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What I mean is what % was he discharged with?

Did you file the formal TDIU form? I will attach it- question # 18- put yes and then have him apply for SSA-

Under # 25 remarks- elaborate a little on the service connected injury and the brain damage-

I am assuming he has had MRIs etc that confirm ischemia of traumatic nature to his brain?

He has been getting social security disability for the brain injury since 1997 He was beaten in 1995

He never received anything from the Army on discharge He went to VA and his first rating was 10% in 1974

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GEEEEZ----did he NOD that in 1974?

Is the VA fully aware that he gets SSA for this injury?

Has the SSA records appeared at all as listed Evidence in his claim???

Even if he filed the SSA record authorization form-I always tell vets double check to see if the VA really got them-

been there on that- good thing I am quick to use phone-SSA in Baltimore told me the VA never requested Rods SSA files- yet he had sent the the authorization form and it is in his c file-

GEEEEEEZ---- when did he re-open this claim?

Di he get a VCAA erection Notice- the real one we have discussed here?

With two boxes-he elects one -and they send specific VCAA statement as to what he needs.

Edited by Berta
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He has been getting social security disability for the brain injury since 1997 He was beaten in 1995

He never received anything from the Army on discharge He went to VA and his first rating was 10% in 1974

The brain injury occured as a narcotic agent not service connected The shoulder is service connected I was told to wait until I receive my husbands rating increase before filling aid and attendance and unemployable but the n I read somewhere to get it filed So I did I hope I did the right thing From what I have read he should get at least 90 % for his shoulder elbow wrist and hand

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"My husband was a narcotic agent severly beaten in the line of duty. He is brain damaged and I am trying to get a increase in his disability from the injuries received in the Army"

I thought he was narcotic agent for the Army- possible- but nevertheless-

are you going by the Schedule of Ratings in 38 CFR and does his medical evidence support the 90%?

I am curious how you have determined that.

The medical evidence and C & P results must be indicative of the specific percentage-

Did they use a goinometer on him?

Do you have the blank C & Ps as well as any results of any he got?

The blank C & P s show you what the VA doc is supposed to do-to determine their opinion.

PS yes you are correct -the VA can assess what is due to the NSC brain injury and what is related to the service injury.

Edited by Berta
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"My husband was a narcotic agent severly beaten in the line of duty. He is brain damaged and I am trying to get a increase in his disability from the injuries received in the Army"

I thought he was narcotic agent for the Army- possible- but nevertheless-

are you going by the Schedule of Ratings in 38 CFR and does his medical evidence support the 90%?

I am curious how you have determined that.

The medical evidence and C & P results must be indicative of the specific percentage-

Did they use a goinometer on him?

Do you have the blank C & Ps as well as any results of any he got?

The blank C & P s show you what the VA doc is supposed to do-to determine their opinion.

PS yes you are correct -the VA can assess what is due to the NSC brain injury and what is related to the service injury. Yes I have the C&Ps I wrote in my first post what the Doctor said in the c&P report

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Yes I have the C&Ps I wrote in my first post what the Doctor said in the c&P report

My husbands right arm shoulder wrist and hand are useless and frozen The C&P doctor confirmed this

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If he was beaten in the line of Duty why are you seeking VA benefits if the Beating took place after service. I am sure there are Service conneced items he may be entitled to but the most important thing is to go after the place where he worked and get them to pay a retirement. You may need to get an attorney.

Who did he work for? He was beaten in 1995 and SSA Disabled in 1997. ERISA Came into effect I believe in 1996. He should qualify for OWCP.

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If he was beaten in the line of Duty why are you seeking VA benefits if the Beating took place after service. I am sure there are Service conneced items he may be entitled to but the most important thing is to go after the place where he worked and get them to pay a retirement. You may need to get an attorney.

Who did he work for? He was beaten in 1995 and SSA Disabled in 1997. ERISA Came into effect I believe in 1996. He should qualify for OWCP.

Yes he receives a small retirement

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OWCP would pay 75% of his salary at the time that he was disabled. Did he file an on the job injury claim?

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OWCP would pay 75% of his salary at the time that he was disabled. Did he file an on the job injury claim?

In 1975 our state did not require it, all he was entitled too was a small pension. We had a law firm he got everything he could get which was nothing

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

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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.

 

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