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How long an appeal takes? (Legacy appeals)

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broncovet

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18 hours ago, vetquest said:

They probably did not mention MDD because you can only have one mental health rating.  I have PTSD and a depressive disorder but they only rated the PTSD.

vetquest,

That may be true when trying to link PTSD and MDD, personally I do not know that at this time.  What I do know though, is that TBI and MDD are service connected under:

https://www.law.cornell.edu/cfr/text/38/3.310

38 CFR §3.310—Disabilities that are proximately due to, or aggravated by service-connected disease or injury
(d) Traumatic brain injury.
     (1) In a veteran who has a service-connected traumatic brain injury, the following shall be held to be the proximate result of the service-connected traumatic brain injury (TBI), in the absence of clear evidence to the contrary:

          (i) Parkinsonism, including Parkinson’s disease, following moderate or severe TBI;
          (ii) Unprovoked seizures following moderate or severe TBI;
          (iii) Dementias of the following types: presenile dementia of the Alzheimer type, frontotemporal dementia, and dementia with Lewy bodies, if manifest within 15 years following moderate or severe TBI;
          (iv) Depression if manifest within 3 years of moderate or severe TBI, or within 12 months of mild TBI; or

          (v) Diseases of hormone deficiency that result from hypothalamo-pituitary changes if manifest within 12 months of moderate or severe TBI.

 

As I noted in a previous post, this was added in 2013, relatively recently.  How FAST the VA catches up on "their own" updated/added regulations IS THE QUESTION. 🙈🙉🙊 ?  Only time will tell...

 

 

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