New TBI, PTSD, SMC rating info

[Berta]

This question comes up a lot here- this AM too I think-

Should  a PTSD rating be separate from a TBI rating?

In most cases I sure think it should be . This BVA decision might help anyone with both PTSD and TBI:

 

“By rating decision dated October 2005, the RO granted the Veteran 

service connection for PTSD with major depressive disorder, 

cognitive deficit, headaches, residuals of a concussion.  In the 

body of the decision, the RO explained that it granted the 

benefit based on stressors the Veteran experienced during service 

in Kuwait and Iraq.  These stressors, mostly combat in nature, 

included being knocked unconscious during a parachute jump and 

getting rammed by a pickup truck.”  

“In November 2010, the Veteran filed a claim for service 

connection for a TBI.  Interpreting this claim as one for an 

increased rating, the RO granted it in part (increased the 

evaluation from 50 to 70 percent) by rating decision dated 

January 2009.  Thereafter, the Veteran filed a notice of 

disagreement with the decision.  He argued that the RO should 

have separately service connected him for residuals of the TBI 

and assigned those residuals a separate rating, that his PTSD 

results from in-service stressors and his TBI results from in-

service concussions, and that, although some of the symptoms of 

the PTSD and TBI overlap, most are distinct and separate, 

warranting separate disability ratings.”   

 

 

“FINDING OF FACT

 

The Veteran's headaches and cognitive deficits, recently

attributed to a TBI, and PTSD result from one of the same in-

service injuries/incidents and, although some of the emotional

and behavioral symptoms associated with the TBI and PTSD overlap,

the Veteran's headaches and cognitive deficits are post-

concussive in nature and therefore separate and distinct from his

stressor-induced psychiatric disability.

 

 

CONCLUSION OF LAW

 

The criteria for entitlement to a separate rating for residuals

of a TBI are met.  38 U.S.C.A. § 1155 (West 2002); 38 C.F.R. §

4.14 (2009); Esteban v. Brown, 6 Vet. App. 259 (1994).

https://www.va.gov/vetapp10/files4/1035821.txt

However, This new rule might also help:

https://www.federalregister.gov/documents/2018/05/08/2018-09736/special-monthly-compensation-for-veterans-with-traumatic-brain-injury

Not only does  it cover, part, SMC considerations:

The Department of Veterans Affairs (VA) amends its adjudication regulations to add an additional compensation benefit for veterans with residuals of traumatic brain injury (TBI). This final rule incorporates in regulations a benefit authorized by the enactment of the Veterans' Benefits Act of 2010. The Veterans' Benefits Act authorizes special monthly compensation (SMC) for veterans with TBI who are in need of aid and attendance, and in the absence of such aid and attendance, would require hospitalization, nursing home care, or other residential institutional care.

It also states:

Finally, in response to the commenter's last assertion that VA should define whether PTSD “is included under the definition of [TBI],” we note that PTSD is already a disability available for VA service connection and rating as a mental disorder under 38 CFR 4.130, Diagnostic Code 9411. Therefore, VA already compensates veterans for service-connected PTSD, including with PTSD that is somehow causally related to TBI.

https://www.federalregister.gov/documents/2018/05/08/2018-09736/special-monthly-compensation-for-veterans-with-traumatic-brain-injury

Not only does  it cover, part, SMC considerations:

The Department of Veterans Affairs (VA) amends its adjudication regulations to add an additional compensation benefit for veterans with residuals of traumatic brain injury (TBI). This final rule incorporates in regulations a benefit authorized by the enactment of the Veterans' Benefits Act of 2010. The Veterans' Benefits Act authorizes special monthly compensation (SMC) for veterans with TBI who are in need of aid and attendance, and in the absence of such aid and attendance, would require hospitalization, nursing home care, or other residential institutional care.

It also states:

Finally, in response to the commenter's last assertion that VA should define whether PTSD “is included under the definition of [TBI],” we note that PTSD is already a disability available for VA service connection and rating as a mental disorder under 38 CFR 4.130, Diagnostic Code 9411. Therefore, VA already compensates veterans for service-connected PTSD, including with PTSD that is somehow causally related to TBI.

https://www.federalregister.gov/documents/2018/05/08/2018-09736/special-monthly-compensation-for-veterans-with-traumatic-brain-injury

 

Thanks to anyone here who commented on this proposed Regulation. 

I think the last sentence, in VA's double talk there ,responding to a commenter, still reflects that PTSD is separate from TBI and should be rated that way (unl;ess the VA ha some very good rationale as to why not.

A TBI is ,in 99.9 cases, a stressor on it's own.If a vet files for PTSD and they have combat stressors independent of the TBI  incident, they should tell VA of all of them.

 

 

 

 

[Gastone]

Strictly a lay opinion, but a TBI Injury resulting in residuals similar to a Stroke, paralysis and/or speech issues, would result in Secondary TBI Issues not associated with PTSD.

[Berta]

Absolutely- and also -say a vet was in midst of TET, or Battle of Ia Drang (1986)and has CAB on his DD214-and saw a buddy or two KIA- and has PTSD from it- and then hits his head while inside a  tank ,due to an exposion, 1969, just before his DEROS...and has TBI from the tank incident.

Obviously one has nothing to do with the other and he should get separate ratings.

Even though there was the big TBI C & P scandal a few years ago I bet  many vets are still getting screwed up the ying yangs if their PTSD was combined with their TBI residuals, but  could have been separately rated.