70% SC, Questions on new claim

[Combatmedic271]

 

 

Rating Award.docx

Edited October 17, 2018 by Combatmedic271

[Gastone]

Is there Evidence of Record regarding your TBI currently in your VA C-File and VMC Treatment Notes? Do you have a copy of your SMR's confirming the TBI Injury and any subsequent associated symptoms and treatment?

If so, file an E-Ben TBI FDC Claim referring to and/or attaching your MSR/SMR associated Evidence of Record relating to the TBI. Any external Brain Bucket damage apparent, Scars/Dents?

Many TBI Neurological symptoms can also be found under PTSD Ratings.  See Berta's recent post regarding VA OIG Report on findings of VA protocols for TBI C & P Exams. No NP's or PA's!

[Combatmedic271]

Thank you Gastone.  I do understanding that the bilateral factor is 10% of the rating and not 10% overall.  Is it true that the max rating is 40% per extremity?  How would that look if they rated me 30% for the flat feet condition..?

The evidence of my TBI (s) is based on my account and what I told them in 2009 when I exited from active duty, however, there is some evidence of the combat I was exposed to in my awards, and I have at least 3 buddies that I'm still in contact with that will write statements that they were there. I don't have any external damage or scarring, however, I was exposed to more than a dozen IEDs striking my 4 vehicle patrol with 4 of them hitting or within very close proximity to my vehicle. We hit so many roadside bombs that it rarely spiked our adrenaline towards the end.   I was never treated as we did not sustain severe injuries, but I was semi-unconscious at least once, maybe twice.

I did read Berta's TBI post this morning and it seems like they are trying to figure it out. My MH provider was a NP from 2009-2015.  I can tell you that I have been complaining of several conditions over the last 9 years without realizing how they may be related to TBIs, but the more I read, the more it makes sense. Is my "Award Letter" on ebenefits?  Is it different from the document I uploaded?  Thank you for your feedback.

 

[Berta]

Doc 271- I am posting an article in Claims Research that might help you and other vets with PTSD, and TBI.

[Combatmedic271]

Thanks Berta!

[Gastone]

It's OK for an NP or PA in the MH Dept to provide treatment and opinion regarding possible TBI Residuals, however, they can't DX a TBI so their completion of a TBI DBQ would be somewhat pointless. Only  VA TBI Certified  Dr's, Psychiatrist, Psychologist or Physiologists can conduct respective TBI C & P Exams. Same holds true for Contract C & P Services, No PAs or NPs.

[Gastone]

My bad, forgot to address your question regarding Max SC Rating of 40%. I haven't looked at the 38 CFR 4  regarding the Rating Schedule for your Chronic Foot, Ankle, and Shinsplint  SC conditions. A max rating of 40% could be appropriate, will have to put an eyeball on the Rating Criteria.