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    When a Veteran starts considering whether or not to file a VA Disability Claim, there are a lot of questions that he or she tends to ask. Over the last 10 years, the following are the 14 most common basic questions I am asked about ...
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  • Can a 100 percent Disabled Veteran Work and Earn an Income?

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    You’ve just been rated 100% disabled by the Veterans Affairs. After the excitement of finally having the rating you deserve wears off, you start asking questions. One of the first questions that you might ask is this: It’s a legitimate question – rare is the Veteran that finds themselves sitting on the couch eating bon-bons … Continue reading

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Okemos_Veteran74

Looking To File A Claim For Vertigo

Question

I was on ebenefits looking to file a claim for Vertigo.  I do not see it listed as a separate condition.  I know that I have it, and I know that my VA doctor told me not to drive because of it.  So it wouldn’t hurt to file.  How would I list it?

 

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If it is secondary to your TBI or any other SC condition (like hearing loss, etc)you could file it that way.

Did your doctor attribute it to a service connected condition in the medical record?

All disabilities and ratings are found about halfway down the VA Schedule of Ratings here:

 

https://www.ecfr.gov/cgi-bin/text-idx?SID=e01889934e16ee0751373657d3b13a6e&mc=true&tpl=/ecfrbrowse/Title38/38cfr4_main_02.tpl

 

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Thank you.  I’m not exactly sure of how I will file it.  If it is secondary to TBI, would it be pyramiding?

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On 10/3/2018 at 9:41 AM, Okemos_Veteran74 said:

Thank you.  I’m not exactly sure of how I will file it.  If it is secondary to TBI, would it be pyramiding?

Maybe this will help you

https://www.ecfr.gov/cgi-bin/text-idx?SID=d2f003512d5aedce7915d4aea9a977f0&mc=true&node=se38.1.4_114&rgn=div8

 

§4.14   Avoidance of pyramiding.

The evaluation of the same disability under various diagnoses is to be avoided. Disability from injuries to the muscles, nerves, and joints of an extremity may overlap to a great extent, so that special rules are included in the appropriate bodily system for their evaluation. Dyspnea, tachycardia, nervousness, fatigability, etc., may result from many causes; some may be service connected, others, not. Both the use of manifestations not resulting from service-connected disease or injury in establishing the service-connected evaluation, and the evaluation of the same manifestation under different diagnoses are to be avoided.

As I read it, and based on your post, if the vertigo is connected as a secondary to your TBI, then no it is not pyramiding. If you have other rated or documented conditions that your are trying to get vertigo connected to and or rated for then you enter the pyramid zone.

Maybe Berta or one of the other wise elders here will chime in.

 

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