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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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SouthpawVet

TBI Pyramyding?

Question

I have a question and I would appreciate info from anybody.

I had a vehicle accident stateside (while on duty) about a year and a half before I was deployed. They told me I had a concision but later the VA told me it was a TBI. The VA sent me to a TBI C&P and I was rated at 0%. I also have real bad migraines from the accident. The VA decided I was rated 30% (I think this is a low ball, I told the rater that I have several migraines a month that are deliberating). I also have tinnitus, can't smell or taste all due to the accident, that I haven't been rated for. Well I found out that my local VA has a TBI clinic. Been going to my local VA for other reasons since 2013 and just now found out there is a clinic. So I am going to this clinic next week. The first appointment is supposed to be three hours. I want to see what residual effects I have from my TBI.

My question is- Should I just be happy that I got 30% for migraines and file for the tinnitus, smell and taste? Or should I get re rated for my TBI and have everything rolled up into one rating? I figure if I get re rated for my TBI the VA will just low ball me on it and take away any other claim associated with it.

I forgot to mention that I also have Photo-phobia and am not rated for it also.

Edited by SouthpawVet

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It's very complicated, not known by many/most, but I think Headaches, Tinnitus, and something else are included in TBI ratings.

Start looking to where all the symptoms you claim are located on your brain and where you were injured. Some sound like the side of your head, maybe a forehead in an auto accident, or your midbrain maybe. Everything is so close in your brain it's hard to tell: but they are giving you a comprehensive exam so that's good. Don't forget blast/noise trauma (since you can't wear earplugs driving any Service vehicle I think.)

Report back please. I go next week for my 1st visit, but yours sounds like a more advanced diagnosis (for 3 hours) where you already may have a significant TBI claim in the process. Good luck!

http://www.militarydisabilitymadeeasy.com/tbi.html

Spoiler

 

 

Edited by armorer

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Im confused.  Are you rated 30% for TBi OR 0 PERCENT?

Did you appeal the zero percent rating?  Has it been a year or is it too late to appeal.?

If you feel entitled to TBI/tinnitus, then apply.  Are you working?

Rememeber, VA compensation is to replace the percenage of average loss of income from the disability.  So, if you are not working and unable to work, then you should be at or near 100%.  If you can still work, then it is normally less than 100%.  

Dont worry about VA reducing benefits.  You either meet the criteria or not.  If they do a proposal to reduce, then you can request a hearing and explain how/why your condition did not "actually improve".  You dont have to meet the criteria all over again, but you need only show you did not improve.   Unless you have actually improved, your rating should not be reduced, so go ahead and apply for all the benefits you deserve.  I think I would seek TBI and tinnitus, and let VA do their job and figure out which ones you deserve and if there is any pyramiding.  

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This is what I am rated for.

Shoulder ROM 10% Scar 10% (These are from the accident and I was rated before I deployed)

Migraines 30% TBI 0% Neck 20% (These are from the accident and I was rated after I got back)

PTSD 50% (This was caused solely from my deployment)

In total I am 80%

My deployment was difficult for me because of the migraines, neck pain, shoulder pain and concentration,attention problems.

I stopped working when I got back because of the PTSD. VA keeps telling me I can work and that I am rated right. I keep appealing. Because there is no way I can work at any job. I also applied for IU and the VA denied it. I am on appeal for that also.

I didn't appeal the 0% (I should have) on my TBI and yes it has been over a year.

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I am going to the TBI clinic next Wednesday. I have heard from other Vets that the clinic is really good and the people are helpful. These same Vets had TBI's and PTSD. The most important thing is this will be my first time I see a specialist for TBI. The C&P exam was a joke. So after next Wednesday I will have more information about my TBI. I can't really make any decisions till I have all the facts.

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It's good that you at least have the SC,

(I'm not yet SC for TBI, we'll see in perhaps another month or so)

(although it should have been part of when I was separated, instead, the DoD said I was 10% because of nerve damage to my left arm, and notthing else...which is BS, and never acknowledged my other injuries, and so many people missed this during the audit that it ought to be considered criminal negligence considering the VA's "duty to assist")

With the SC, at least now all you have to do is provide IMO/IME of your level of disability in your favor (and the submit it).

I still haven't seen a TBI C & P person, yet the ebennies is reporting "we'll have your claim completed in another month." ha----fat chance.

 

 

Edited by awgv001

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