Question

[719joshua]

I have been on hadit for a little while but i never post anything im only rated at 50 present (for headaches due to a tbi that i have been fighting for over 3 years) but have filed for unemployabiltiy per vfw rep i have had 3 C&P appointments and i have been told by 2 of the C&P doctors that i can not be gainfully employed on a physical job or in a sedentary job (i also have the notes from my file and they did put the same in the notes) and the third doctor said it wouldn't limit a physical job but would limit a sedentary job. The va then tryed to get paper work from Social Security and i have never received or filed for it. Is this normal or should i be worried or do you guys think i should be Ok. I also have a letter from my previous employer that say due to my tbi and headaches he can no longer employee me due the problems i have been having. I cant even go one day without have at least 1 headache

[broncovet]

You have the right idea. If you have not already, get copies of those exams and see what they wrote down. It is not necessarily the same as what they tell you.

After you review the exams, you will know better what way to go. I do think if, indeed, you have 2 out of 3 docs state that you are "unable to maintain substantial gainful employment" due to SC condition(s), you should be able to get IU.

However, its not always that easy.

First, it seems peculiar to me that you would have 3 c and p exams for the same thing.

Next, the VA may attack the credibility of one or more of the examiners.

For example, did they all read your file and say so in their opinion?

Secondly, did the examiner give reasons as to why their opinion?

Third, how long had you sought treatment for each of these, or were they all "one time visits". (A doc who has seen you for years demonstrates he knows your medical history much better than someone who just met you) .

Lastly, you may be able to attack a poor C and P exam, by using this wording (in blue) if you have to file a NOD:

[719joshua]

With this claim i filled tbi and unemployable but as of now i have 0 present on blurred vision and 30 present migraine headaches and then 10 present on photophobia. I had them for tbi i beleve. I know for sure it was headaches because when they denied my last tbi calmed they said there was no connections between the two but this doctor said my headaches are from my tbi because i sometimes wake up with headaches.

[Philip Rogers]

You should also file for SSDI, using the day you last worked as your disability onset date. jmo

pr

[719joshua]

Philip Rogers , I did apply but was denied do to lack of evidence im not sure what more they could want i sent them everything i have and they pulled info from the va . I even gave them the notes from my c&p appointment thats says i cant be employed in a physical job or in a sedentary job. So Im not sure where to go from here?

In the claim side of thinks nothing has really changed it has been stuck in Preparation for Decision for what seems like for ever and when i called the va they said there is ABOUT a 10 day wait for it to move from there to Pending Decision Approval

[Buck52]

You should go get a private medical exam and make sure you use a specialist in TBI's, you need to ask the Dr to write in his/her report that it is his/her expert opinion this veteran is not employable due to your TBI And have him to write his credentials and expertise certificates/degrees down.

you can go to hadit's forum for the how to get a Dr to use VA guidelines.

This will off set the Dr that opine ''it wouldn't limit a physical job but would limit a sedentary job''. (that don't make a lick of sense to me?) but I'm no Doc.

It may cost you a few hundred bucks but its worth it.

Favorable Medical reports from specialized Dr;s are your best evidence!

Also appeal SSDI , usually they deny on the 1st and second rounds.

Save all your medical reports keep them in a safe place.& in all snail mail correspondence with the VA always get sign return receipt & save them too!

jmo

....................Buck

[719joshua]

The va has said that I have a tbi but haven't Givin it to me as SC c&p say there is contradictions in my records on the doctor reports.with the c&p that I have had its all been related to tbi but it's my secondary like headaches and vision and depression that I have been seen for.

[Buck52]

check your SMR's and request your C-file you need to see what is in it!

if you had a trauma or head injury while on active duty it will show up in your SMR's.. if doubt is there with VA? Then presumption to this injury can be used to be service connected.

What are you SC for >for the 50%? (Headaches due to TBI?) you need to file for increase and ask for TDIU because it keeps you from finding gainful employment. If you have not already done so?

Other members hopefully will chime in.

jmo

.............Buck

[719joshua]

i have 30% headaches 10% right knee 10%peripheral neuropathy, right upper extremity,10% photophobia 10% tinnitus and 0% diplopia, claimed as blurred vision.

The doubt that the va is having it i the had all the testiing done for tbi including the big 4 hour test that came back positive for tbi

"23a) In your clinical judgment the current clinical symptom presentation is most consistent with

___ Traumatic Brain Injury (TBI) residual problems

___ Behavioral Health conditions (e.g., PTSD, depression, etc.)

_x__ A combination of TBI and Behavioral Health condition(s)

___ Other condition not related to TBI or Behavioral Health condition(s)"

this is from one of my va files

I Just noticed this will this make a difference

7. Functional impact --------------------

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

[ ] Yes [X] No

8. Remarks, if any: -------------------

Last worked in April 2014 as an odd job man with a property maintainance company. He is unable to focus, work, stand or concentrate at this job ,was unable to continue. Given the intensity and frequency of HAs and associated prostration with these, he won't be able to be gainfully employed at a sedentary or physical job.

As Of right now i am appealing there tbi not s/c and filling for tdiu

[Berta]

Is it me or are these two statements conflicting with each other:( #7 No and #8,to me means the No should been been Yes)

7. Functional impact --------------------

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

[ ] Yes [X] No

8. Remarks, if any: -------------------

Last worked in April 2014 as an odd job man with a property maintainance company. He is unable to focus, work, stand or concentrate at this job ,was unable to continue. Given the intensity and frequency of HAs and associated prostration with these, he won't be able to be gainfully employed at a sedentary or physical job.

[broncovet]

I agree with Berta and add that 50% is not high enough to meet the "schedular" requirements for IU. You will be going for extra schedular, unless you get an increase.

IMHO "Extra schedular" IU is probably the hardest claim to win, ever. The VA "does not like" granting extra schdular IU. You should, however, read what Chris Attig had to say about "Bennet".

To have a chance at extra schedular IU, read over Bennet thoroughly:

http://www.attiglawfirm.com/tdiu/va-extra-schedular-tdiu/

Bennet, unfortunately, is non-precedential. However, the cases that Bennet cites ARE precedential.

Also consider this, a portion of The VBM on IU:

http://www.lexisnexis.com/veterans/offer/images/vbm_sample.pdf

[georgiapapa]

Berta,

You are correct, the responses to questions #7 and #8 do conflict with each other. Like you, I assume the correct response to #7 should have been yes.

GP

[Buck52]

I agree with broncovet,

you need an increase to your 50% for the iu but I was thinking you already had a 70%rating?

I am not sure what regs I read this in? nor does it read just like this but it seem to state if a veteran can not be gainfully employed by reason of his /her SC disability and has SC disability less of the 60% can qualify for IU (under special ratings)

.....................Buck

[Buck52]

(Authority: 38 U.S.C. 501)

(b) It is the established policy of the Department of Veterans Affairs that all veterans who are unable to secure and follow a substantially gainful occupation by reason of service-connected disabilities shall be rated totally disabled. Therefore, rating boards should submit to the Director, Compensation Service, for extra-schedular consideration all cases of veterans who are unemployable by reason of service-connected disabilities, but who fail to meet the percentage standards set forth in paragraph (a) of this section. The rating board will include a full statement as to the veteran's service-connected disabilities, employment history, educational and vocational attainment and all other factors having a bearing on the issue.