TBI Claims

[JB&JB]

Hello All,

I'm currently 100% unemployable.  I was referred to the TBI Clinic by a VA rep that I spoke with n a call.  So, I contacted the TBI and was accepted into the program. One day I received a call from a VA Rep that informed me that I need to file a TBI claim, so I did.  The Doctor in the TBI clinic said that I gave mild TBI and set me up on a treatment plan.  So, them it came time for my C&P appointment for TBI, I went to three different appointments concerning the TBI.  Two of the appointments weren't bad, the last appointment, the Doctor was very nasty and treated me really bad.  When she came back with her notes, she said really dogged me out and said I was malingering and that I didn't even have PTSD, the way she talked about me was very hurtful.  Can anyone give me some advice on how to move forward.  I’m really afraid to pursue this, although I am 100% employable total and permanent.  Can someone point me to help in Tampa FL.     Thanks

[broncovet]

Did you actually see the docs report that he stated this?  Order a copy of your cfile so you know what you are dealing with.  

Since you are 100 percent you really dont have to do anything, but be prepared for a reduction IF it ever happens (unlikely).  Here is why this is unlikely:

1.  Read 38 CFR, below:

2.  Ask to change doctors, dont go back to that one again.  

 

Quote

 

§ 3.344 Stabilization of disability evaluations.

(a)Examination reports indicating improvement. Rating agencies will handle cases affected by change of medical findings or diagnosis, so as to produce the greatest degree of stability of disability evaluations consistent with the laws and Department of Veterans Affairs regulations governing disability compensation and pension. It is essential that the entire record of examinations and the medical-industrial history be reviewed to ascertain whether the recent examination is full and complete, including all special examinations indicated as a result of general examination and the entire case history. This applies to treatment of intercurrent diseases and exacerbations, including hospital reports, bedside examinations, examinations by designated physicians, and examinations in the absence of, or without taking full advantage of, laboratory facilities and the cooperation of specialists in related lines. Examinations less full and complete than those on which payments were authorized or continued will not be used as a basis of reduction. Ratings on account of diseases subject to temporary or episodic improvement, e.g., manic depressive or other psychotic reaction, epilepsy, psychoneurotic reaction, arteriosclerotic heart disease, bronchial asthma, gastric or duodenal ulcer, many skin diseases, etc., will not be reduced on any one examination, except in those instances where all the evidence of record clearly warrants the conclusion that sustained improvement has been demonstrated. Ratings on account of diseases which become comparatively symptom free (findings absent) after prolonged rest, e.g. residuals of phlebitis, arteriosclerotic heart disease, etc., will not be reduced on examinations reflecting the results of bed rest. Moreover, though material improvement in the physical or mental condition is clearly reflected the rating agency will consider whether the evidence makes it reasonably certain that the improvement will be maintained under the ordinary conditions of life. When syphilis of the central nervous system or alcoholic deterioration is diagnosed following a long prior history of psychosis, psychoneurosis, epilepsy, or the like, it is rarely possible to exclude persistence, in masked form, of the preceding innocently acquired manifestations. Rating boards encountering a change of diagnosis will exercise caution in the determination as to whether a change in diagnosis represents no more than a progression of an earlier diagnosis, an error in prior diagnosis or possibly a disease entity independent of the service-connected disability. When the new diagnosis reflects mental deficiency or personality disorder only, the possibility of only temporary remission of a super-imposed psychiatric disease will be borne in mind.

(b)Doubtful cases. If doubt remains, after according due consideration to all the evidence developed by the several items discussed in paragraph (a) of this section, the rating agency will continue the rating in effect, citing the former diagnosis with the new diagnosis in parentheses, and following the appropriate code there will be added the reference “Rating continued pending reexamination ___ months from this date, § 3.344.” The rating agency will determine on the basis of the facts in each individual case whether 18, 24 or 30 months will be allowed to elapse before the reexamination will be made.

(c)Disabilities which are likely to improve. The provisions of paragraphs (a) and (b) of this section apply to ratings which have continued for long periods at the same level (5 years or more). They do not apply to disabilities which have not become stabilized and are likely to improve. Reexaminations disclosing improvement, physical or mental, in these disabilities will warrant reduction in rating.

 

 

[JB&JB]

10 minutes ago, broncovet said:

Did you actually see the docs report that he stated this?  Order a copy of your cfile so you know what you are dealing with.  

Since you are 100 percent you really dont have to do anything, but be prepared for a reduction IF it ever happens (unlikely).  Here is why this is unlikely:

1.  Read 38 CFR, below:

2.  Ask to change doctors, dont go back to that one again.  

 

 

Thank you, I actually saw the notes she wrote....I think it's probably in my best interest to leave well enough alone.

[broncovet]

Dont worry too much about it..I had that happen to me.  You see, the docs get a bonus when they write stuff like that in your file, but it isnt taken seriously unless it happens with several docs.  

[Berta]

????

Do you believe that this C & P exam could prevent a proper TBI Rating?

And also do you believe her comments could affect any PTSD rating you have now?

I have had to fight every posthumous C & P exam VA has ever done on my dead husband.

Otherwise I would have never succeeded in multiple claims I had regarding his PTSD and other disabilities.

Almost 25,000 veterans were offered new TBI exams, some years ago when Ben Krause uncovered the VA's 

TBI scandal.https://www.disabledveterans.org/2018/02/28/va-oig-report-traumatic-brain-injury-disability-tbi-scandal/

The latest VA IG TBI report of 2018 is linked into that article.

You posted your concerns here but now seem willing to accept what she said.

I found an email from the former director of my VARO the other day getting my stuff organized.

I was aggressively fighting  a terrible C & P exam result.The director stated the way the doctor had ended the actual exam, but that part had been left out by the RO.I had already called the doctor- who was furious that the RO did not give him ,my husband's 6 page autopsy.He said his opinion would have been radically different for the post- humous C & P exam, as to cause of death.It did not concern their former director at all, that this autopsy was deliberately withheld from the examiner.The RO also pulled it out of the med recs and C file (I had sent by then 12 copies of it , via USPS to them,when the whole stack went to the OGC.OGC was going to deny my FTCA case at that point, and they too were furious when they also found what the RO had done.As soon  as I sent them the autopsy they called me to settle for wrongful death.

Maybe the C & P exam was not as bad as you thought.Or maybe it was just what your RO wants, in order to deny your claim.

I just hope you dont get a proposed reduction on your PTSD.

 

 

 

 

 

Edited October 1, 2018 by Berta

[Buck52]

Ask your MH or TBI Dr to rebute what this  C&P Dr mention.

you really need to keep moving on up with your TBI Disability  TBI'S MILD OR NOT can cause you problems with other health conditions later on down the road   even if you are 100% at present...check with Member jfrei  he is perusing his TBI CLAIMS and is up to SMC L  I Believe.

TBI's are not to be taken likely.  Mild or not.

Edited October 1, 2018 by Buck52