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Confused about combining disabilities

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USNIPER07

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2010 - Discharge

40% memory problems, status post head injury

30% Major depressive disorder with history of Insomnia

2011 added seizure disorder to memory problems, status post head injury. (remained at 40%)

2012 I had a diagnosis of seizures because they showed up on two sleep studies and one EEG. I did not have a "frequency" to report because they were nocturnal seizures. They added seizures 10% only because I was prescribed medication for seizures.

2015 had a C&P for possible PTSD. PTSD denied and they basically increased my Major Depressive Disorder to 70% but dropped off the memory problems, post status head injury. They explained that they combined them.

What is your thoughts on me being able to challenge this now that it is years later? I really thought that my depression had increased to 70% and TBI remained at 40%. It reads that way on ebenefits and my 90% rating did not change.

 

 

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With the 70% they should, in the decision, consider you for TDIU unless you are employed.

Ebenefits is not always a good way to determine what the decision will be.

You might be eligible for CRDP or CRSC- did the Mil mention that at any TAPP class or briefing?

You asked a good question about the ratings but when the decision comes, and if you can scan and attach it here, 

(cover C file #, name etc prior to scanning it) we can determine what their rationale is for how they produced the decision and what you can do if you feel it is wrong.

(I am assuming that you have a claim pending, that resulted from  the 2015 C & P exam , and the ebenefits info in recent , but maybe I am wrong)

 

 

 

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I still work and don't have a claim pending right now. I am seeing my neurologist to have him complete a DBQ that states the frequency of my seizures to establish a rating for seizures. I have never requested TDIU. I am not that familiar with CRDP or CRSC. I'm retired with 20 years of service if that helps. I will upload the decision in question once I scan. Thank you for your help!

 

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To challenge a decision "years later" you have at least 3 choices:

1.  Challenge the decision using the "CUE" standard of review.  This may work, if the errors in the decision rise to the Cue standard of review.  An "error" is not the same as CUE, not all errors are CUE.  

2.  Resubmit new and material evidence.  If this evidence is SERVICE Records, you can get an earlier effective date under 38 cfr 3.156c.  Also 3.156 b, "pending claim" may also earn an EED provided that you submitted new evidence within a year of the RO decision.

3.  Refile the claim, and try to win an earlier effective date later, after its awarded.  

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According to Hill and Ponton's disability calculator, your rating  remains unchanged at 80 percent.   Of course you may have had more disabilities than what I know about.  

(40,40 and 30, 10 combines to 80 percent; while 70 and 40, 10 also combines to 80 percent.  )  

I can not explain the discrepency between the 80 percent and 90 percent you stated.  What is your monthly compensation and number of dependents?  If you post this, I can tell if VA is paying you at 90% or 80%.  

I agree with Berta..that TDIU is probably your next step if you are not working.  The VA should have inferred TDIU if there is evidence in your file you are not working due to SC disabilities, but, recently, a TDIU form is required.  So fill it in, pronto.  

You may also consider disputing the decision (that is, file a NOD), and challenge the 70 percent evaluation especially if you are unable to work.  The VA rating system is supposed to replace your income lost to not working because of sc disabilities, and, if you are not able to work, this equates to 100 percent.  

 

 

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