Traumatic Stress Disorder w/o Post TSD...WHAT?

[kdavis478]

I was rated at 50% service connected Traumatic Stress Disorder after a severe TBI injury in which I was assaulted with a blunt object knocking me unconscious for several minutes. It was really bad and my head had a severe contusing and I still have the scarring to this day. Since I have been having progressively diminution cognitive issues as well as migraines and more recently been diagnosed to be bipolar which I had no issues before the incident. However, my confusion comes at why I was rate as a Traumatic Stress Disorder and not Post Traumatic Stress Disorder? Like they essentially are the same thing and the symptoms did not occur until after the incident meaning that it is "Post." This is extremely confusing to me as I have no explanation as to why. I can't even find anything in the Schedule Rating documentation. I really would like read up on it but I cannot. Please shed some light if you can.

[Berta]

If you claimed both the TBI residuals and the PTSD, then they should have rated both of these disabilities separately.

I not exactly  clear on the rating.

Is it 50% for PTSD ( TSD-,which as you said should be PTSD) or was that 50% solely  a TBI residual rating?

 

[kdavis478]

This now seems to be my mistake as I claimed the TBI and the symptoms accompanying the TBI however I was rated as Traumatic Stress Disorder. It was not Post Traumatic Stress Disorder. TBI related ratings are at 40, 70, and a 100 as I recall from my research but I was rated only 50% for the TSD. I don't understand why it just wouldn't be Post Traumatic Stress Disorder or just rated at the TBI ratings.

[Berta]

I know that what you said makes sense....

 A TBI incident is almost always a stressor event. How could it not be a stressor....

But the VA does not deal with common sense.

This recent BVA decision explains my post above:

http://www.index.va.gov/search/va/view.jsp?FV=http://www.va.gov/vetapp16/Files1/1600730.txt

In part it states:

"Adjudicators are to rate emotional/behavioral dysfunction under 38 C.F.R.
§ 4.130 (Schedule of ratings-mental disorders) when there is a diagnosis of a mental disorder.  When there is no diagnosis of a mental disorder, they are to evaluate emotional/behavioral symptoms under the criteria in the table titled "Evaluation of Cognitive Impairment and Other Residuals of TBI Not Otherwise Classified."  Id.

To gain the PTSD diagnosis, you need to file for PTSD. They have already acknowledged the stressor.

The rating will be comparable to your medical evidence under diagnostic code 9411.

Can you scan and attach here their decision as to the Reason and Bases part or their rationale and Evidence they used?

Cover C file # prior to scanning.

There are many BVA cases at www.bva.gov available under their search feature.

 

If you search for TBI PTSD in the top browser area and then rating in the second part , many cases will pop up and reveal the logic of VA at a higher

legal level than the ROs have.

BTW all, BVA has posted the 2016 decisions there.

 

 

[Buck52]

Excellent post Ms berta!

[Chuck75]

Herein lies a conundrum. PTSD is categorized as a mental/psychological  condition, and TBI is a physical condition resulting from an injury/event.

The VA basically considers mental and physical conditions differently, except when they can use a "pyramiding" excuse to avoid one or the other.

In general, it's better to have a rating for a physical condition than a mental one if one or the other is a choice.  The obvious exception would be a large difference in the rating percentage between the two. I'm sure that the newness of TBI as a recognized SC condition is causing a lot of inconsistency in the way the VA rates.

Edited March 13, 2016 by Chuck75

[Berta]

Chuck, you are so correct.

http://www.disabledveterans.org/2016/03/09/task-force-rebukes-va-tbi-examinations/  recent

 

http://www.disabledveterans.org/2014/05/16/va-screwing-tbi-vets-quick-facts-tbi-evaluation/        2014

Ben Krause has more articles at his site on the TBI conundrum.

I wonder if the C & P docs are actually using the new TBI rules.