Tbi Rating Erased Due To Pyramiding?

[Scout Swimmer]

Hi everyone.

I was awarded 40%.TBI back in 2009.

I put in for depression at the behest of my physician and was just awarded 70%

It would have brought my total points to 95 so I was really happy until I read the rest of the decision.

Essentially, they cited "pyramiding" and erased my TBI, which really screwed me.

Does this sound right? I thought that rule was for multiple MH contentions that overlapped, but how do they site pyramiding for a physical injury with an MH?

Do I fight this or is this a normal thing?

[Berta]

A TBI often causes (almost always, such as those from IEDS) an obvious STRESSOR.

In that case the VA must consider the PTSD (if claimed due to the stressor or any other proven stressor) as separate from the TBI.

Did you ever claim, and has a VA MH professional ever diagnosed you with PTSD?

[Berta]

This might help too

Here is a vet who got TBI residuals rating, and then they separated not PTSD, but his acquired psychiatric condition from the TBI rating.

ORDER

An initial rating of 40 percent for residuals of TBI is granted, subject to the regulations applicable to the payment of monetary benefits.

An initial rating of 70 percent prior to May 6, 2011 for an acquired psychiatric condition, to include anxiety and depression, associated with residuals of TBI, is granted, subject to the regulations applicable to the payment of monetary benefits.

An initial rating in excess of 70 percent from May 6, 2011, for an acquired psychiatric condition, to include anxiety and depression, associated with residuals of TBI, is denied.

Entitlement to a TDIU due to service-connected residuals of a TBI and an acquired psychiatric condition, to include anxiety and depression, is granted, subject to the regulations applicable to the payment of monetary benefits.

http://www.va.gov/vetapp14/Files1/1409323.txt

At 90% are you still working?

[Scout Swimmer]

Berta, I think I see what your saying. My MH doctor told me I did suffer from PTSD, but I don't see it written in my progress notes. If I did pursue PTSD, would it be lumped together with my AD?

Would this rule then apply to me, even if the PTSD was a smaller % than my depression and anxiety?

And yes I still do work.