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  • 14 Questions about VA Disability Compensation Benefits Claims

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    When a Veteran starts considering whether or not to file a VA Disability Claim, there are a lot of questions that he or she tends to ask. Over the last 10 years, the following are the 14 most common basic questions I am asked about ...
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  • Most Common VA Disabilities Claimed for Compensation:   

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  • Can a 100 percent Disabled Veteran Work and Earn an Income?

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    You’ve just been rated 100% disabled by the Veterans Affairs. After the excitement of finally having the rating you deserve wears off, you start asking questions. One of the first questions that you might ask is this: It’s a legitimate question – rare is the Veteran that finds themselves sitting on the couch eating bon-bons … Continue reading

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jfrei

Bilateral injuries? (won appeal)

Question

Are any of these considered Bilateral injuries?

Tbi

05/06/2016 NEW  
Dizziness And Lightheadedness 05/06/2016 NEW  
Headaches, Migraine 05/06/2016 NEW  
Tinnitus 05/06/2016 NEW  
Scars, Disfiguring,  Neck 05/06/2016 NEW  
Tbi 05/05/2016 INC  
Headaches 05/05/2016 INC  
Dizziness 05/05/2016

INC

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I would not think so.

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Tinnitus, however, it is assumed and limited at 10% total.

Bilaterals usually are arms, elbows, hands, legs, knees and feet, etc.

Hamslice

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Hamslice is right extremities (Arms,legs,feet ,hands etc.)

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My tbi states it involves my left an right frontal lobes. 

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Check this out about TBI's

d) Traumatic brain injury. (1) In a veteran who has a service-connected traumatic brain injury, the following shall be held to be the proximate result of the service-connected traumatic brain injury (TBI), in the absence of clear evidence to the contrary:

(i) Parkinsonism, including Parkinson's disease, following moderate or severe TBI;

(ii) Unprovoked seizures following moderate or severe TBI;

(iii) Dementias of the following types: presenile dementia of the Alzheimer type, frontotemporal dementia, and dementia with Lewy bodies, if manifest within 15 years following moderate or severe TBI;

(iv) Depression if manifest within 3 years of moderate or severe TBI, or within 12 months of mild TBI; or

(v) Diseases of hormone deficiency that result from hypothalamo-pituitary changes if manifest within 12 months of moderate or severe TBI.

(2) Neither the severity levels nor the time limits in paragraph (d)(1) of this section preclude a finding of service connection for conditions shown by evidence to be proximately due to service-connected TBI. If a claim does not meet the requirements of paragraph (d)(1) with respect to the time of manifestation or the severity of the TBI, or both, VA will develop and decide the claim under generally applicable principles of service connection without regard to paragraph (d)(1).

(3)(i) For purposes of this section VA will use the following table for determining the severity of a TBI:

Mild Moderate Severe
Normal structural imaging Normal or abnormal structural imaging Normal or abnormal structural imaging.
LOC = 0-30 min LOC > 30 min and < 24 hours LOC > 24 hrs.
AOC = a moment up to 24 hrs AOC > 24 hours. Severity based on other criteria.
PTA = 0-1 day PTA > 1 and < 7 days PTA > 7 days.
GCS = 13-15 GCS = 9-12 GCS = 3-8.

Note: The factors considered are:

Structural imaging of the brain.

LOC—Loss of consciousness.

AOC—Alteration of consciousness/mental state.

PTA—Post-traumatic amnesia.

GCS—Glasgow Coma Scale. (For purposes of injury stratification, the Glasgow Coma Scale is measured at or after 24 hours.)

(ii) The determination of the severity level under this paragraph is based on the TBI symptoms at the time of injury or shortly thereafter, rather than the current level of functioning. VA will not require that the TBI meet all the criteria listed under a certain severity level in order to classify the TBI at that severity level. If a TBI meets the criteria in more than one category of severity, then VA will rank the TBI at the highest level in which a criterion is met, except where the qualifying criterion is the same at both levels.

(Authority: 38 U.S.C. 501, 1110 and 1131)

 

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