TBI Pyramyding?

[SouthpawVet]

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 June 23, 2016 by SouthpawVet

[broncovet]

Here is the deal.  Once service connected, you are rated based on symptoms.  No symptoms means a 0 percent rating or just a denial.  

You  can only be rated on a symptom ONCE.  Ok example:

YOu have depression and PTSD.  (2 ratings).  Hypothetically, anyway.  In actual practice you will likely get rated for PTSD OR depression but not both.  Either of these are rated based on symptoms.  

So, lets say you have an "inability to get along with others."  

You wont get rated for that symptom twice, once for PTSD and again for depression.  

Back to you.  If a symptom of your TBI is "tinnitus" and you are paid for it under TBI, no, you wont also get tinnitus.  The VA is supposed to rate you how it will benefit you the most.  In other words if tinnitus was worth 30 percent on TBI, then you would not ALSO get 10 percent for tinnitus.  You get the higher of the two, but not both.  

[SouthpawVet]

OK Thanks! I am learning so much!

[armorer]

Who loves ya' Baby?

http://www.purpleheart.org/ServiceProgram/Training2009/NVLSP-Wed AM.pdf

[SouthpawVet]

Hey Armorer,

Thanks bud! That has a lot of info that breaks it down so it is easy to understand!

[SouthpawVet]

So I just back from the TBI clinic. I read the instructions wrong about the exam. It said be prepared to stay 3 hours. I mistakenly thought I would be examined for 3 hours. I was there 3 hours but I accomplished a lot of stuff. Filled out paperwork. Met the nurse and she prepped all the info for the doctor. She wanted to get a clear picture of what was going on with my case. Saw the doctor for about one hour. Gave me the test that is on one sheet of paper that was used for the TBI C&P Exam. Checked me out physically and then we talked about some of my problems and what I most needed to improve on. I am going to see him in three months but I am going to take some kind of memory class/rehab thingy. Nurse came back in and told me about all the programs they could set me up with. Then I went to meet my new caseworker. Spoke with her for about 30-45 minutes also. I actually wish I could have been refereed right after my TBI! OH WELL!

[armorer]

Mine was similar but I did not get to the C&P exam (or I didn't know it if she did.) She spun me around like a (325 lb.) ballerina in all kinds of orthopedic and neurology physical exams.

I got my pw today. It was just a real thorough tbi rehab department entry exam. She was just real thorough and a rehab specialists M.D. Neurologist. I'm just real apprehensive about everything though after a lifetime of failures since I had my tbi (and was just recently told I had it by my nexus expert.) It will be hard to shake the tbi blues after 34 years. At least it's a good defense mechanism, ha ha, not really.

http://benefits.va.gov/PREDISCHARGE/DOCS/disexm58.pdf

You are way ahead of me, so learn all you can from the web. It just takes hours of drilling on duckduckgo.com for every related thing I don't understand (which is everything.) But after piling up all the articles and looking at them, I eventually get a methodological hypothesis that is strong enough to stand on it's own.The expert IMO or nexus it your base, but you need to have good arguments ready for everything you can understand. Just remember, no one knows exactly about the brain, and you have experienced it! So listen, take notes, and remember VA's constantly changing definitions are biased to reduce their liability. If you object, make sure you have a logical rational.

They have never experienced it, so they don't know. And any proofs such as M.D.'s favorable opinions to yours and long-term time proof's of symptoms is as good as it gets for statistical proofs that prove your point. Of course IMO or nexus by MD's or Psychology Dr.s should be the golden touch: or that is what I am counting on! 

:)

Edited July 2, 2016 by armorer