Jump to content

Ask Your VA Claims Questions | Read Current Posts 
Read VA Disability Claims Articles
Search | View All Forums | Donate | Blogs | New Users | Rules 

  • tbirds-va-claims-struggle (1).png

  • 01-2024-stay-online-donate-banner.png

     

  • 0

Tbi C&p Exam

Rate this question


manni

Question

Here is my TBI C&P which lasted 20 minutes only. I'm thinking of 0%-10%. Thanks in advance

Muscle Injuries

Disability Benefits Questionnaire

Indicate method used to obtain medical information to complete this

document:

[X] In-person examination

Evidence review

---------------

Was the Veteran's VA claims file reviewed?

[ ] Yes[X] No

If no, check all records reviewed:

[X] Veterans Health Administration medical records (VA treatment records)

E-FOLDER ON VBMS.

SECTION I: DIAGNOSIS

--------------------

Does the Veteran now have or has he/she ever been diagnosed with a muscle injury?

[X] Yes[ ] No

Diagnosis #1: RESIDUALS OF CLOSED LEFT RIB FRACTURE

Date of diagnosis: S/C

Side affected: [ ] Right [X] Left [ ] Both

SECTION II: HISTORY OF MUSCLE INJURY

------------------------------------

a. Does the Veteran have a penetrating muscle injury, such as a gunshot or shell fragment wound?

[ ] Yes[X] No

b. Does the Veteran have a non-penetrating muscle injury (such as a muscle strain, torn Achilles tendon or torn quadriceps muscle)?

[X] Yes[ ] No

c. Describe the history (including onset and course) of the Veteran's muscle

injury: (brief summary):

THIS EXAM IS FOR CURRENT STATUS OF S/C LEFT RIB FRACTURE. PATIENT SAYS HE GETS OCCASIONAL MILD PAIN IN LEFT RIB IF SITS TOO LONG BUT NO NEED OF MEDICINE.

d. Dominant hand

[X] Right[ ] Left[ ] Ambidextrous

SECTION III: LOCATION OF MUSCLE INJURY

--------------------------------------

1. Shoulder girdle and arm

--------------------------

Does the Veteran now have or has he/she ever had an injury to a muscle group of the shoulder girdle or arm?

[ ] Yes[X] No

2. Forearm and hand

-------------------

Does the Veteran now have or has he/she ever had an injury to a muscle group of the forearm or hand?

[ ] Yes[X] No

3. Foot and leg

---------------

Does the Veteran now have or has he/she ever had an injury to a muscle group of the foot or leg?

[ ] Yes[X] No

4. Pelvic girdle and thigh

--------------------------

Does the Veteran now have or has he/she ever had an injury to a muscle group of the pelvic girdle or thigh?

[ ] Yes[X] No

5. Torso and neck

-----------------

Does the Veteran now have or has he/she ever had an injury to a muscle group in the torso and/or neck?

[ ] Yes[X] No

6. Additional conditions

------------------------

a. Does the Veteran have a history of rupture of the diaphragm with herniation?

[ ] Yes[X] No

b. Does the Veteran have a history of an extensive muscle hernia of any muscle, without other injury to the muscle?

[ ] Yes[X] No

c. Does the Veteran have a history of injury to the facial muscles?

[ ] Yes[X] No

SECTION IV: MUSCLE INJURY EXAM

------------------------------

1. Scar, fascia and muscle findings

-----------------------------------

a. Does the Veteran have any scar(s) associated with a muscle injury?

[ ] Yes[X] No

b. Does the Veteran have any known fascial defects or evidence of fascial defects associated with any muscle injuries?

[ ] Yes[X] No

c. Does the Veteran's muscle injury(ies) affect muscle substance or function?

[ ] Yes[X] No

2. Cardinal signs and symptoms of muscle disability

---------------------------------------------------

Does the Veteran have any of the following signs and/or symptoms attributable to any muscle injuries?

[X] Yes[ ] No

If yes, check all that apply, and indicate side affected, muscle group and frequency/severity.

[X] Fatigue-pain

If checked, indicate side affected: [ ] Right [X] Left [ ] Both

Indicate muscle group(s) affected (I-XXIII) if possible: LEFT RIBS

Indicate frequency/severity:

[X] Occasional[ ] Consistent[ ] Consistent at a more severe level

3. Muscle strength testing

--------------------------

Rate strength according to the following scale:

0/5 No muscle movement

1/5 Visible muscle movement, but no joint movement

2/5 No movement against gravity

3/5 No movement against resistance

4/5 Less than normal strength

5/5 Normal strength

Shoulder abduction (Group III)

Right: [X] 5/5 [ ] 4/5 [ ] 3/5 [ ] 2/5 [ ] 1/5 [ ] 0/5

Left: [X] 5/5 [ ] 4/5 [ ] 3/5 [ ] 2/5 [ ] 1/5 [ ] 0/5

Elbow flexion (Group V)

Right: [X] 5/5 [ ] 4/5 [ ] 3/5 [ ] 2/5 [ ] 1/5 [ ] 0/5

Left: [X] 5/5 [ ] 4/5 [ ] 3/5 [ ] 2/5 [ ] 1/5 [ ] 0/5

Elbow extension (Group VI)

Right: [X] 5/5 [ ] 4/5 [ ] 3/5 [ ] 2/5 [ ] 1/5 [ ] 0/5

Left: [X] 5/5 [ ] 4/5 [ ] 3/5 [ ] 2/5 [ ] 1/5 [ ] 0/5

Wrist flexion (Group VII)

Right: [X] 5/5 [ ] 4/5 [ ] 3/5 [ ] 2/5 [ ] 1/5 [ ] 0/5

Left: [X] 5/5 [ ] 4/5 [ ] 3/5 [ ] 2/5 [ ] 1/5 [ ] 0/5

Wrist extension (Group VIII)

Right: [X] 5/5 [ ] 4/5 [ ] 3/5 [ ] 2/5 [ ] 1/5 [ ] 0/5

Left: [X] 5/5 [ ] 4/5 [ ] 3/5 [ ] 2/5 [ ] 1/5 [ ] 0/5

Hip flexion (Group XVI)

Right: [X] 5/5 [ ] 4/5 [ ] 3/5 [ ] 2/5 [ ] 1/5 [ ] 0/5

Left: [X] 5/5 [ ] 4/5 [ ] 3/5 [ ] 2/5 [ ] 1/5 [ ] 0/5

Knee flexion (Group XIII)

Right: [X] 5/5 [ ] 4/5 [ ] 3/5 [ ] 2/5 [ ] 1/5 [ ] 0/5

Left: [X] 5/5 [ ] 4/5 [ ] 3/5 [ ] 2/5 [ ] 1/5 [ ] 0/5

Knee extension (Group XIV)

Right: [X] 5/5 [ ] 4/5 [ ] 3/5 [ ] 2/5 [ ] 1/5 [ ] 0/5

Left: [X] 5/5 [ ] 4/5 [ ] 3/5 [ ] 2/5 [ ] 1/5 [ ] 0/5

Ankle plantar flexion (Group XI)

Right: [X] 5/5 [ ] 4/5 [ ] 3/5 [ ] 2/5 [ ] 1/5 [ ] 0/5

Left: [X] 5/5 [ ] 4/5 [ ] 3/5 [ ] 2/5 [ ] 1/5 [ ] 0/5

Ankle dorsiflexion (Group XII)

Right: [X] 5/5 [ ] 4/5 [ ] 3/5 [ ] 2/5 [ ] 1/5 [ ] 0/5

Left: [X] 5/5 [ ] 4/5 [ ] 3/5 [ ] 2/5 [ ] 1/5 [ ] 0/5

If other movements/muscle groups were tested, specify:

THORACIC MUSCLE GROUPS.

Right: [X] 5/5 [ ] 4/5 [ ] 3/5 [ ] 2/5 [ ] 1/5 [ ] 0/5

Left: [X] 5/5 [ ] 4/5 [ ] 3/5 [ ] 2/5 [ ] 1/5 [ ] 0/5

Does the Veteran have muscle atrophy?

[ ] Yes[X] No

SECTION V: OTHER

----------------

1. Assistive devices

--------------------

a. Does the Veteran use any assistive devices as a normal mode of locomotion, although occasional locomotion by other methods may be possible?

[ ] Yes[X] No

2. Remaining effective function of the extremities

--------------------------------------------------

Due to the Veteran's muscle conditions, is there functional impairment of an extremity such that no effective function remains other than that which would be equally well served by an amputation with prosthesis? (Functions of the upper extremity include grasping, manipulation, etc., while functions for the lower extremity include balance and propulsion, etc.)

[ ] Yes, functioning is so diminished that amputation with prosthesis would equally serve the Veteran.

[X] No

3. Other pertinent physical findings, complications, conditions, signs and/or symptoms

----------------------------------------------------------------------

Does the Veteran have any other pertinent physical findings, complications, conditions, signs and/or symptoms?

[ ] Yes[X] No

4. Diagnostic Testing

---------------------

a. Have imaging studies been performed and are the results available?

[X] Yes[ ] No

b. Is there x-ray evidence of retained metallic fragments (such as shell fragments or shrapnel) in any muscle group?

[ ] Yes[X] No

c. Were electrodiagnostic tests done?

[ ] Yes[X] No

d. Are there any other significant diagnostic test findings and/or results?

[X] Yes[ ] No

If yes, provide type of test or procedure, date and results (brief summary):

Exam Date/Time 09/03/2014

Procedure Name

CHEST 2 VIEWS, FRONTAL & LATERAL

Impression

No active lung disease.

Report

Cardiomediastinal silhouette is normal in size, shape and position. The lungs are clear bilaterally with sharp costophrenic angles and posterior recesses. The osseous structures and soft tissues are intact.

5. Functional impact

--------------------

Does the Veteran's muscle injury(ies) impact his or her ability to work, such as resulting in inability to keep up with work requirements due to muscle injury(ies)?

[ ] Yes[X] No

6. Remarks, if any:

-------------------

THERE IS NO TENDERNESS AT SITE WHICH PATIENT MENTIONED HE HAD CLOSED RIB FRACTURE. THERE IS NO EVIDENCE OF OTHER RESIDUALS ON CURRENT EXAM.

****************************************************************************

Headaches (including Migraine Headaches)

Disability Benefits Questionnaire

Indicate method used to obtain medical information to complete this document:

[ ] Review of available records (without in-person or video telehealth examination) using the Acceptable Clinical Evidence (ACE) process because the existing medical evidence provided sufficient information on which to prepare the DBQ and such an examination will likely provide no additional relevant evidence.

[ ] Review of available records in conjunction with a telephone interview with the Veteran (without in-person or telehealth examination) using the ACE process because the existing medical evidence supplemented with a telephone interview provided sufficient information on which to prepare the DBQ and such an examination would likely provide no additional relevant evidence.

[ ] Examination via approved video telehealth

[X] In-person examination

Evidence review

---------------

Was the Veteran's VA claims file reviewed?

[ ] Yes [X] No

If yes, list any records that were reviewed but were not included in the Veteran's VA claims file:

If no, check all records reviewed:

[ ] Military service treatment records

[ ] Military service personnel records

[ ] Military enlistment examination

[ ] Military separation examination

[ ] Military post-deployment questionnaire

[ ] Department of Defense Form 214 Separation Documents

[X] Veterans Health Administration medical records (VA treatment records)

[ ] Civilian medical records

[ ] Interviews with collateral witnesses (family and others who have known the Veteran before and after military service)

[ ] No records were reviewed

[X] Other:

E-FOLDER ON VBMS.

1. Diagnosis

------------

Does the Veteran now have or has he/she ever been diagnosed with a headache condition?

[X] Yes [ ] No

[X] Migraine including migraine variants

Date of diagnosis: S/C

2. Medical History

------------------

a. Describe the history (including onset and course) of the Veteran's headache conditions (brief summary):

THIS EXAM IS FOR CURRENT STATUS OF S/C HEADACHE DUE TO TBI. PATIENT SAYS HE GETS MILD CONSTANT HEADACHE IN BACK AND OCCASIONALLY GETS LEFT SIDE HEADACHE 4-5 TIMES A WEEK WHICH IS MILD TO MODERATE AND LAST FOR ABOUT AN AN HOUR AND SUBSIDE AFTER REST OR MEDICINE.

b. Does the Veteran's treatment plan include taking medication for thediagnosed condition?

[X] Yes [ ] No

If yes, describe treatment (list only those medications used for the diagnosed condition):

GABAPENTIN 600 MG PO TID

3. Symptoms

-----------

a. Does the Veteran experience headache pain?

[X] Yes [ ] No

[X] Constant head pain

[X] Pain localized to one side of the head

b. Does the Veteran experience non-headache symptoms associated with headaches? (including symptoms associated with an aura prior to headache pain)

[X] Yes [ ] No

[X] Nausea

[X] Sensitivity to light

[X] Sensitivity to sound

c. Indicate duration of typical head pain

[X] Less than 1 day

d. Indicate location of typical head pain

[X] Left side of head

4. Prostrating attacks of headache pain

---------------------------------------

a. Migraine / Non-Migraine- Does the Veteran have characteristic prostrating attacks of migraine / non-migraine headache pain?

[ ] Yes [X] No

5. Other pertinent physical findings, complications, conditions, signs and/or symptoms

-----------------------------------------------------------------------------

a. Does the Veteran have any scars (surgical or otherwise) related to any conditions or to the treatment of any conditions listed in the Diagnosis section above?

[ ] Yes [X] No

b. Does the Veteran have any other pertinent physical findings, complications, conditions, signs and/or symptoms related to any conditions listed in the Diagnosis section above?

[ ] Yes [X] No

6. Diagnostic testing

---------------------

Are there any other significant diagnostic test findings and/or results?

[X] Yes [ ] No

If yes, provide type of test or procedure, date and results (brief summary):

9/23/2014

Unremarkable MRI of the brain.

7. Functional impact

--------------------

Does the Veteran's headache condition impact his or her ability to work?

[ ] Yes [X] No

8. Remarks, if any:

-------------------

No remarks provided.

****************************************************************************

Review Evaluation of Residuals of Traumatic Brain Injury (R-TBI)

Disability Benefits Questionnaire

* Internal VA or DoD Use Only*

Indicate method used to obtain medical information to complete this document:

[X] In-person examination

Evidence review

---------------

Was the Veteran's VA claims file (hard copy paper C-file) reviewed?

[ ] Yes[X] No

If no, check all records reviewed:

[X] Veterans Health Administration medical records (VA treatment records)

[X] Other:

E-FOLDER ON VBMS.

SECTION I: Diagnosis and medical history

----------------------------------------

1. Diagnosis

------------

Does the Veteran now have or has he/she ever had a traumatic brain injury

(TBI) or any residuals of a TBI?

[X] Yes [ ] No

[X] Traumatic brain injury (TBI)

Date of diagnosis: S/C

2. Medical history

------------------

Describe the history (including onset and course) of the Veteran's TBI and residuals attributable to TBI (brief summary):

THIS EXAM IS FOR CURRENT STATUS OF S/C TBI. PATIENT SAYS SINCE ABOUT AND YEAR GETTING DIZZINESS AND THINKS IT IS DUE TO TBI.

SECTION II: Assessment of facets of TBI-related cognitive impairment and subjective symptoms of TBI

-----------------------------------------------------------------------------

1. Memory, attention, concentration, executive functions

--------------------------------------------------------

[X] A complaint of mild memory loss (such as having difficulty following a conversation, recalling recent conversations, remembering names of new acquaintances, or finding words, or often misplacing items), attention, concentration, or executive functions, but without objective evidence on testing If the Veteran has complaints of impairment of memory, attention, concentration or executive functions, describe (brief summary):

OCCASINALLY FORGETFULLNESS

2. Judgment

-----------

[X] Normal

3. Social interaction

---------------------

[X] Social interaction is routinely appropriate

4. Orientation

--------------

[X] Always oriented to person, time, place, and situation

5. Motor activity (with intact motor and sensory system)

--------------------------------------------------------

[X] Motor activity normal

6. Visual spatial orientation

-----------------------------

[X] Normal

7. Subjective symptoms

----------------------

[X] Subjective symptoms that do not interfere with work; instrumental activities of daily living; or work, family or other close relationships.

Examples are: mild or occasional headaches, mild anxiety If the Veteran has subjective symptoms, describe (brief summary):

MILD HEADACHE, SUBJECTIVE DIZZINESS

8. Neurobehavioral effects

--------------------------

[X] No neurobehavioral effects

9. Communication

----------------

[X] Able to communicate by spoken and written language (expressive communication) and to comprehend spoken and written language.

10. Consciousness

-----------------

[X] Normal

SECTION III: Additional residuals, other findings, diagnostic testing, functional impact and remarks

-----------------------------------------------------------------------------

1. Residuals

------------

Does the Veteran have any subjective symptoms or any mental, physical or neurological conditions or residuals attributable to a TBI (such as migraine headaches or Meniere's disease)?

[X] Yes [ ] No

2. Other pertinent physical findings, scars, complications, conditions, signs and/or symptoms

-----------------------------------------------------------------------------

No answer provided.

3. Diagnostic testing

---------------------

a. Has neuropsychological testing been performed?

[ ] Yes [ ] No

b. Have diagnostic imaging studies or other diagnostic procedures been performed?

[ ] Yes [ ] No

c. Has laboratory testing been performed?

[ ] Yes [ ] No

d. Are there any other significant diagnostic test findings and/or results?

[ ] Yes [ ] No

4. Functional impact

--------------------

No answer provided.

5. Remarks, if any:

-------------------

No remarks provided.

****************************************************************************

Ear Conditions

(including Vestibular and Infectious Conditions)

Disability Benefits Questionnaire

Indicate method used to obtain medical information to complete this document:

In-person examination Evidence review

-----------------

Was the Veteran's VA claims file (hard copy paper C-file) reviewed: No

Check all records reviewed:

[X] Veterans Health Administration medical records (VA treatment records)

[X] Other: E-FOLDER ON VBMS.

1. Diagnosis

------------

Does the Veteran now have or has he/she ever been diagnosed with an ear or peripheral vestibular condition? Yes

Other diagnosis #1: SUBJECTIVE DIZZINESS/ VERTIGO BY HISTORY.

Date of diagnosis: 2014

2. Medical history

------------------

Description of the history (including onset and course) of the Veteran's ear or peripheral vestibular condition: PATIENT SAYS HE STARTED GETTING

DIZZINESS MANY TIME AGO BUT WENT TO DOCTOR FEW MONTHS AGO. SEEN PRIVATE ENT AND HE GAVE SOME MEDICINE. DIZZINESS IS INTERMITTENT LASTS FOR FEW MINUTES AND TAKES REST. NOT ALWAYS WITH HEADACHES. DURING ATTACK FEELS HE IS SPINNING AND MAY LOSE BALANCE.

Does the Veteran's treatment plan include taking continuous medication for the diagnosed condition: Yes

Medications used for the diagnosed condition:

DON'T NO THE NAME BUT GIVEN BY PRIVATE ENT DOCTOR.

3. Vestibular conditions

------------------------

Does the Veteran have any of the following findings, signs or symptoms attributable to Meniere's syndrome (endolymphatic hydrops), a peripheral vestibular condition or another diagnosed condition from Section 1: No

4. Infectious, inflammatory and other ear conditions

----------------------------------------------------

Does the Veteran have any of the following findings, signs or symptoms attributable to chronic ear infection, inflammation, cholesteatoma or any of the diagnoses in Section 1: No

5. Surgical treatment

---------------------

Has the Veteran had surgical treatment for any ear condition: No

Does the Veteran have any residuals as a result of the surgery: No

6. Physical exam

----------------

External ear:

Normal

Ear canal:

Normal

Tympanic membrane:

Normal

Gait:

Normal

Romberg test:

Normal or negative

Dix Hallpike test (Nylen-Barany test) for vertigo:

Normal, no vertigo or nystagmus during test

Limb coordination test (finger-nose-finger):

Normal

7. Tumors and neoplasms

-----------------------

Does the Veteran have a benign or malignant neoplasm or metastases related to any of the diagnoses in the Diagnosis section: No

8. Other pertinent physical findings, complications, conditions, signs and/or symptoms

-----------------------------------------------------------------------------

Does the Veteran have any scars (surgical or otherwise) related to any conditions or to the treatment of any conditions listed in the Diagnosis section above: No

Does the Veteran have any other pertinent physical findings, complications, conditions, signs and/or symptoms related to any conditions in the Diagnosis section above: No

9. Diagnostic testing

---------------------

Have diagnostic imaging studies or other diagnostic procedures been performed: Yes

Magnetic resonance imaging (MRI)

Date: 9/23/2014

Results: Unremarkable MRI of the brain.

Has the Veteran had an audiogram: No

Are there any other significant diagnostic test findings and/or results: No

10. Functional impact

---------------------

Do any of the Veteran's ear or peripheral vestibular conditions impact his or her ability to work? No

11. Remarks, if any: No response provided

---------------------

NOTE: VA may request additional medical information, including additional examinations if necessary to complete VA's review of the Veteran's application.

****************************************************************************

Medical Opinion

Disability Benefits Questionnaire

Indicate method used to obtain medical information to complete this document:

[ ] Review of available records (without in-person or video telehealth examination) using the Acceptable Clinical Evidence (ACE) process because the existing medical evidence provided sufficient information on which to prepare the DBQ and such an examination will likely provide no additional relevant evidence.

[ ] Review of available records in conjunction with a telephone interview with the Veteran (without in-person or telehealth examination) using the ACE process because the existing medical evidence supplemented with a telephone interview provided sufficient information on which to prepare the DBQ and such an examination would likely provide no additional

relevant evidence.

[ ] Examination via approved video telehealth

[X] In-person examination

Evidence review

---------------

Was the Veteran's VA claims file reviewed? No

If no, check all records reviewed:

[X] Veterans Health Administration medical records (VA treatment records)

[X] Other:

E-FOLDER ON VBMS.

MEDICAL OPINION SUMMARY

-----------------------

RESTATEMENT OF REQUESTED OPINION:

a. Opinion from general remarks: CLAIMS FILE BEING SENT FOR REVIEW BY THE EXAMINER.

**All evidence needed for review is available electronically through VBMS**

The Veteran has filed a fully developed claim. Please expedite.

Date of claim: 09/29/2014

Days pending: 22

Veteran has a power of attorney.

Please send a courtesy copy of the exam notice letter to PARALYZED VETERANS

OF AMERICA, INC.

The Veteran will need to report for the following exam(s):

DBQ NEURO TBI Review

DBQ MUSC Muscle injuries

___________________________________________________________________________

DBQ MUSC Muscle injuries:

Clinician: If using the ACE process to complete the DBQ, please explain the basis for the decision not to examine the Veteran, and identify the specific materials reviewed to complete the DBQ.

Please review the Veteran's electronic folder in VBMS and state that it was reviewed in your report.

The Veteran is service connected for residuals rib fracture which is currently evaluated at 0%. Please evaluate for the current level of severity of the Veteran's service connected disability. If the diagnosis rendered is different from the disability for which the Veteran is service connected, please indicate whether the Veteran's current diagnosis is a progression of the service connected disability or the original diagnosis was in error.

***************************************************************************

DBQ NEURO TBI Review:

Clinician: If using the ACE process to complete the DBQ, please explain the basis for the decision not to examine the Veteran, and identify the specific materials reviewed to complete the DBQ.

Please review the Veteran's electronic folder in VBMS and state that it was reviewed in your report.

***The Veteran is service connected for traumatic brain injury with subjective memory impairment and headaches which is currently evaluated at 10%. Please evaluate for the current level of severity of the Veteran's service connected disability. If the diagnosis rendered is different from the disability for which the Veteran is service connected, please indicate whether the Veteran's current diagnosis is a progression of the service connected disability or the original diagnosis was in error.

If the Veteran has a co-existing psychiatric condition, please state, to the extent possible, which emotional/behavioral signs and symptoms are part of a co-morbid mental disorder and which represent residuals of TBI. If it is impossible to make such a determination without speculation, please state so.

*** The Veteran is claiming that his dizziness was proximately due to or the result of his service connected traumatic brain injury with subjective memory impairment and headaches.

Opinion Requested:

Is the Veteran's dizziness at least as likely as not (50 percent or greater probability) proximately due to or the result of his service connected traumatic brain injury with subjective memory impairment and headaches.

Rationale must be provided in the appropriate section below. Your review is not limited to the evidence identified on this request form, or tabbed in the claims folder. If an examination or additional testing is required, obtain them prior to rendering your opinion.

If not caused, but aggravated by service, please provide the following information:

" The baseline manifestations of the aggravation which are due to the effects of the disease or injury.

" The increased manifestations which, in your opinion, are proximately due to the service connected disability based on medical considerations.

" The medical considerations supporting an opinion, that increased manifestations of a non-service connected disease or injury are proximately due to the service connected disability.

===========================================

b. Indicate type of exam for which opinion has been requested:

DIZZINESS/VERTIGO

TYPE OF MEDICAL OPINION PROVIDED: [ MEDICAL OPINION FOR DIRECT SERVICE CONNECTION ]

b. The condition claimed was less likely than not (less than 50% probability) incurred in or caused by the claimed in-service injury, event or illness.

c. Rationale: AFTER REVIEWING E-FOLDER, VA TREATMENT RECORDS PATIENT COMPLAINED HAVING DIZZINESS/VERTIGO IN 2014 THAT IS SIX YEARS AFTER INSIDENT OF MILD TBI. THESE LONG TIME DELAY BETWEEN TBI INSIDENT AND SYMPTOMS ARE NOT CONSISTENT WITH PATTERN OF MILD TBI.

Link to comment
Share on other sites

  • Answers 1
  • Created
  • Last Reply

Top Posters For This Question

Top Posters For This Question

1 answer to this question

Recommended Posts

  • 0

Some advice for your treatment of your TBI get a neuropsych test done by your local VA with the findings as evidence for your next file for an increase if the Results show deficits... just some advice they want to see testing done prior and it’s easier to show your examiner At the C and P hard evidence for your increase...

Link to comment
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now


  • Tell a friend

    Love HadIt.com’s VA Disability Community Vets helping Vets since 1997? Tell a friend!
  • Recent Achievements

    • Lebro earned a badge
      First Post
    • stuart55 earned a badge
      Week One Done
    • stuart55 earned a badge
      One Month Later
    • Lebro earned a badge
      Conversation Starter
    • Sparklinger earned a badge
      First Post
  • Our picks

    • Caluza Triangle defines what is necessary for service connection
      Caluza Triangle – Caluza vs Brown defined what is necessary for service connection. See COVA– CALUZA V. BROWN–TOTAL RECALL

      This has to be MEDICALLY Documented in your records:

      Current Diagnosis.   (No diagnosis, no Service Connection.)

      In-Service Event or Aggravation.
      Nexus (link- cause and effect- connection) or Doctor’s Statement close to: “The Veteran’s (current diagnosis) is at least as likely due to x Event in military service”
      • 0 replies
    • Do the sct codes help or hurt my disability rating 
    • VA has gotten away with (mis) interpreting their  ambigious, , vague regulations, then enforcing them willy nilly never in Veterans favor.  

      They justify all this to congress by calling themselves a "pro claimant Veteran friendly organization" who grants the benefit of the doubt to Veterans.  

      This is not true, 

      Proof:  

          About 80-90 percent of Veterans are initially denied by VA, pushing us into a massive backlog of appeals, or worse, sending impoverished Veterans "to the homeless streets" because  when they cant work, they can not keep their home.  I was one of those Veterans who they denied for a bogus reason:  "Its been too long since military service".  This is bogus because its not one of the criteria for service connection, but simply made up by VA.  And, I was a homeless Vet, albeit a short time,  mostly due to the kindness of strangers and friends. 

          Hadit would not be necessary if, indeed, VA gave Veterans the benefit of the doubt, and processed our claims efficiently and paid us promptly.  The VA is broken. 

          A huge percentage (nearly 100 percent) of Veterans who do get 100 percent, do so only after lengthy appeals.  I have answered questions for thousands of Veterans, and can only name ONE person who got their benefits correct on the first Regional Office decision.  All of the rest of us pretty much had lengthy frustrating appeals, mostly having to appeal multiple multiple times like I did. 

          I wish I know how VA gets away with lying to congress about how "VA is a claimant friendly system, where the Veteran is given the benefit of the doubt".   Then how come so many Veterans are homeless, and how come 22 Veterans take their life each day?  Va likes to blame the Veterans, not their system.   
    • Welcome to hadit!  

          There are certain rules about community care reimbursement, and I have no idea if you met them or not.  Try reading this:

      https://www.va.gov/resources/getting-emergency-care-at-non-va-facilities/

         However, (and I have no idea of knowing whether or not you would likely succeed) Im unsure of why you seem to be so adamant against getting an increase in disability compensation.  

         When I buy stuff, say at Kroger, or pay bills, I have never had anyone say, "Wait!  Is this money from disability compensation, or did you earn it working at a regular job?"  Not once.  Thus, if you did get an increase, likely you would have no trouble paying this with the increase compensation.  

          However, there are many false rumors out there that suggest if you apply for an increase, the VA will reduce your benefits instead.  

      That rumor is false but I do hear people tell Veterans that a lot.  There are strict rules VA has to reduce you and, NOT ONE of those rules have anything to do with applying for an increase.  

      Yes, the VA can reduce your benefits, but generally only when your condition has "actually improved" under ordinary conditions of life.  

          Unless you contacted the VA within 72 hours of your medical treatment, you may not be eligible for reimbursement, or at least that is how I read the link, I posted above. Here are SOME of the rules the VA must comply with in order to reduce your compensation benefits:

      https://www.law.cornell.edu/cfr/text/38/3.344

       
    • Good question.   

          Maybe I can clear it up.  

          The spouse is eligible for DIC if you die of a SC condition OR any condition if you are P and T for 10 years or more.  (my paraphrase).  

      More here:

      Source:

      https://www.va.gov/disability/dependency-indemnity-compensation/

      NOTE:   TO PROVE CAUSE OF DEATH WILL LIKELY REQUIRE AN AUTOPSY.  This means if you die of a SC condtion, your spouse would need to do an autopsy to prove cause of death to be from a SC condtiond.    If you were P and T for 10 full years, then the cause of death may not matter so much. 
×
×
  • Create New...

Important Information

Guidelines and Terms of Use