ptsd Appeal on docket, opinions on

[Eileen Gabellini]

 My name is Eileen. My appeal is going before the BVA seeking an increase for specific phobias increase evaluation for hearing loss earlier effective date for both increase in the valuation for residuals of right clavicular fracture which is currently 10%. Earlier effective date for residuals all right clavicular fracture. Evaluation in excess of 40% for traumatic brain injury. Service connection for PTSD. Entitlement for TDIU. I am currently at 80% disability. I am paid for 60% disability. 40% is for the brain injury 10% is for phobias 10% is for tonight is  at 80% disability. I am paid for 60% disability. 40% is for the brain injury 10% is for phobias 10% is for tinnitus tonight us tinnitus. 0% for a hearing loss. 10% for right clavicle fracture. I can't remember the other 10% of the moment.

 0% for a hearing loss. 10% for right clavicle fracture. I can't remember the other 10% of the moment.  I have a letter from the neurologist at VA in North Carolina. His statement is pretty long but the summary is after this type of injury when I would expect to see memory loss and poor organizational skills from the temporal lobe damage, mood swings and panic attacks and powerful emotional outbursts  from the frontal lobe damage as well as depression from the temporal and frontal lobe damage. She has poor balance and dizziness which is also consistent with head injury. These ongoing and permanent effects of her head injury Will not improve. They affect her daily. She is unable to function in any employment situation due to these problems Will not improve. They affect her daily. She is unable to function in any employment situation due to these problems. 

 My legal representation also had a vocational expert review my entire file and interview me about the effects I experience from my brain damage. When we got to the part of dizziness and disequilibrium  he said that he didn't need any more information from me. Do any of you have an opinion as to how you think this may play out? I would appreciate your input. It's been a long eight years getting to this point 

Edited February 15, 2016 by Eileen Gabellini
Typo

[broncovet]

Since you are represented by an attorney at the BVA, the BVA chairmans repost says you have about a 13% chance of denial at the BVA.  This means you have an 87% chance of an award (all or part) 

or a remand.  

[Eileen Gabellini]

Thank you broncovet. All my issues arise from one common etiology. I appreciate your knowledgable opinions and the percntage of probable increase looks good. I am just remaining calm as I can. These things desicions, can be nerve wrecking. So i choose not to think about it as much as I can. The work is done, presented and now wait.

[Eileen Gabellini]

Last Saturday  I received a 54 page document from the BVA. I will gloss over a great deal of it as I don't have the papers with me and I am out of town. I was awarded a 10% increase in the clavicular deformity which put me at 70% rating. I was also awarded TDIU. Other aspects of claim severe degenerative disk disease, hearing loss, autonomic dysreflexia, neurogenic bladder, bowel issues, PTSD being remanded to RO for assessment rate, also for increased overall rating of TBi which is diagnosed by doctor and MRI as significant to severe and was being paid for mild TBI. Also rating for SMC to be determined. I cried when i read this letter. It took two days for joy to start creeping in. I wont get pay change for a while. My legal counsel said to expect 90 days more or less. So now I need to learn about benefit changes. Dental, increased insurance policy I know, and will go to University with son to see how the change impacts him. I am over the moon with this. My PTSD is non combat in service, so Praying that will be in my favor. I have so many of the symptoms, been treated in PRRC for the specific ptsd trying to be rated on. Hoping very much it owrks out. I guess I will have an answer sooner rather than later. Will keep you updated.

[Berta]

That is wonderful news!

You mentioned your son...Chapter 35 (DEA) benefits are available to him for college if the VA states that you are Permanently and Totally disabled  by your service connected conditions.

They will make that decision in the formal award letter you get from the RO.

They  will enclose the DEA application with the decision.

If you son is now in a VA approved college, there could be retro DEA for him depending on the decision and EED.

If he is seeking a college, most of them but not all, are VA approved for DEA.

Also if the VA declares you as P & T solely due to service, he would be eligible for CHAMPVA.

That has to be applied for on line.

CHAMPVA is the Civilian Health and Medical Program- VA.

It is the kicker to my Medicare but don't know how if works with other forms of primary insurance.

I had cataract surgery last year and between all the doc visits .post ops, pre ops etc, the only thing I had to pay was a few bucks for a small bottle of prescribed eye drops which I didn't even need, but was afraid the pre op drops they  gave me would run out.

CHAP 35 paid for half of my degree, American Military University.

Both of these programs are GREAT! And we have more info here on both of them.

His eligibility will be determined in the award letter. If VA does not award P & T you can ask them for it, with evidence of P & T...such as a  strong IMO.

Great news Eileen.....!!!!!

 

 

Edited May 21, 2016 by Berta

[Eileen Gabellini]

Thank you so much for all of the above information. My son goes to UNCC here in Charlotte NC. He will be doing his senior level of his bachelors in social work. He will be doing an internship next year and is in the Phi  Alpha honor society at school. He intends to apply for the Master level program. He has done all of this while driving to my medical appointments , doing all the sriving for our household needs and helping out in many ways. I am proud of the man he has grown to be. It would be very wonderful if he were to be eligible for education benefits! I know it will take time for everything remanded to RO to sort out. I just wnated to share the news, because it is nice to let others know that it can happen. Perserverance, and getting help from the right people made so much difference for me. VA claims are so complex. Just so very glad to have made it to this very sweet victory.

[Berta]

There is an age requirement to Chapter 35....usually a cut off at age 26.....but it all depends on that P & T rating.

They extend the age factor for Military service , as they did in my daughter's case. She was about to turn 26 but they added on her 7 years of service in the Armed Services to her Chap 35 award letter.

You sound Very proud of him and rightly so!

My daughter ( NSA) recently received a very big award at work....from our Military forces in Afganistan..!!!

She is classified Top Secret so I don't know what it involved.

NSA,for the first time ever, had some brief blips at Fox News last week on what they are doing, in Afganistan and elsewhere.

And she insisted that I re opened my DIC claim years ago, and only because of her insistence, I re opened it and

although it took many years, I won the claim. I had already been granted DIC on a prior issue but this was the most important claim I ever filed.

Sometimes our kids see things we do not notice, that can impact on VA issues.

The newer award extended my and her Chap 35 EED eligibility. The VA had to back pay me under Chap 35 due to that.

We can help if the award is P & T , as to how your son might recover some of his tuition payments....but that depends on the EED of P & T ,as well as the P & T status.

You son sounds like a wonderful young man!

 

 

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Edited May 22, 2016 by Berta