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Vet Dog and wife

Could we please get help on my husband's decision in my husbands C-file?

Question

 

found some more interesting documents in my husband's C-File. we are also ordering more recent medical files so I am going to reorganize his documents, add the new ones, and repost them later.

Thank you again,

This site is amazing in how you help so many in need.

 

 

 

 

Edited by Vet Dog and wife
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We will post doctor letters later

 

 

 

 

 

 

Edited by Vet Dog and wife
privacy

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What is your question?

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I saw that too, Berta.  The file was posted but no questions?  

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 I posted his claim decision about TBI  with PTSD   maybe being separate ratings.

Thanks for all you and all the other Hadit members help in the past.

you helped my husband many years ago also on the old site

Edited by Vet Dog and wife

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I see that he did claim 'psychological 'disorders in a very old 21-4138 and it seems that they lumped it all into the 100% award.

The rating sheet (1999) lumps it all under DC 9304 and did this in some 1999 BVA decisions:

2.  For the period prior to June 17, 1998, the criteria for 
an evaluation of 50 percent for the veteran's residuals of a 
head injury with cognitive disorder and depression have been 
met.  38 U.S.C.A. §§ 1155, 5107 (West 1991); 38 C.F.R. §§ 
4.1, 4.2, 4.7, 4.16(c), 4.129, 4.130, Diagnostic Code 8045, 
9304 (1991-1996), Diagnostic Code 8045, 9304 (1996-1998).

3. The criteria for an evaluation of 70 percent for the 
veteran's residuals of a head injury with cognitive disorder 
and depression have been met as of June 17, 1998.  38 
U.S.C.A. §§ 1155, 5107 (West 1991); 38 C.F.R. §§ 4.1, 4.2, 
4.7, 4.16(c), 4.129, 4.130, Diagnostic Code 8045, 9304 (1991-
1996), Diagnostic Code 8045, 9304 (1996-1998).

https://www.va.gov/vetapp99/files3/9923630.txt

But another case reads:

"Service connection is currently in effect for cerebral concussion residuals manifested by headaches under DCs 8045- 8100. DC 8045 contemplates brain disease due to trauma, and ratings are assigned under DC 8100 for migraines. Under DC 8045, purely neurological disabilities, such as hemiplegia, epileptiform seizures, facial nerve paralysis, etc., following trauma to the brain, will be rated under the diagnostic codes specifically dealing with such disabilities, with citation of a hyphenated diagnostic code (e.g., 8045- 8207). Purely subjective complaints such as headache, dizziness, insomnia, etc., recognized as symptomatic of brain trauma, will be rated 10 percent and no more under diagnostic code 9304. This 10 percent rating will not be combined with any other rating for a disability due to brain trauma. Ratings in excess of 10 percent for brain disease due to trauma under diagnostic code 9304 are not assignable in the absence of a diagnosis of multi-infarct dementia associated with brain trauma. 38 C.F.R. § 4.124a, Diagnostic Code 8045 (1998)."

"ORDER Entitlement to a 100 percent evaluation for service-connected PTSD has been established, and to that extent, the appeal is granted, subject to regulations applicable to the payment of monetary benefits. Entitlement to an evaluation greater than 10 percent for service-connected cerebral concussion residuals manifested by headaches has not been established, and to that extent, the appeal is denied."

https://www.va.gov/vetapp99/files1/9905784.txt

I am repeating this part, so that hopefully others will chime in-

"Ratings in excess of 10 percent for brain disease due to trauma under diagnostic code 9304 are not assignable in the absence of a diagnosis of multi-infarct dementia associated with brain trauma. 38 C.F.R. § 4.124a, Diagnostic Code 8045 (1998)."

It seems the VA is not consistent in these 2 cases.....

Did your husband have multi-infarct dementia ? That is show via a Ct Scan or an MRI.

I will have to dig out an old rating sheet I have-

In 1998 I received a DIC award whereby VA awarded posthuously 80% for organic brain trauma----I forget the exact codes- will find it,  due to 1151 malpractice on multiple brain infarcts and a major stroke.

But my husband has a claim pending for  PTSD (DC 9411) and they awarded that as accrued at 100% P & T.

So PTSD can obviously be separated from Brain trauma-and awarded separately-----and my award letter was dated 1998- 

But the VA gave my husband (after a battle) 6 separate tests to determine how to separate his PTSD from the Stroke brain residuals.His Gaf ranged from 34 at one point to 26.

I will try to find the 1998 decision I have with the ratings to see if that would help-I found 4 CUEs in that decision so there might well be a CUE in this older decision your husband got.

One of the best places I learned from as to CUE claims, was at the BVA. This is the search feature I used to day:

https://www.index.va.gov/search/va/bva_search.jsp?QT=Diagnostic+code+9304&EW=PTSD&AT=&ET=&RPP=10&DB=2018&DB=2017&DB=1999&DB=1995

You might  find something there that shows a separate rating of PTSD in addition to whatever they rated under 9304.

TBI vets these days have been able to receive both TBI residual comp as well as PTSD comp.

This vet got both:   (although they denied TBI increase)

https://www.va.gov/vetapp18/files2/1810810.txt

This might be a case for a lawter- as to any potential CUE......but others will chime in because it seems they used 9304 but that might not have been the correct Diagnostic code at all.

I do remember your husband's case...gee how time flies....

 

 

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