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File One Claim, Or For Each Symptom

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timetowinarace

Question

With my brain injury there are a lot of symptoms that can be rated as illness's by themselves, if SC. I had in the past filed on fatigue and am rated at 20%, undiagnosed. I have a claim for depression, secondary to SC denied and appealed. My C&P examiner for the depression said my depression is caused by the brain injury and it is likely my fatigue and other problems as well. So, with no hospital records on file, -accident in Gulf War- they said sorry. literally. Being rather slow, thinking ability and whatnot, it took the brain damaged guy a while to find the records. The day they came in I filed on the brain. Am I going to have to file a claim for each of my symptoms? Fatuigue of course is the worste and 20% undiagnosed does not seem right for a guy that can only tolerate 2 hours a day of activity. ANY activity. And should not be undiagnosed any more. The C&P examiner was right. Tests show damage to my brain. Loss of smell. Depression, anxiaty. A number of cognitive deficits so it is unlikely I will be able to learn, and though my language skills are normal, my verbal skills are at 3%. There is more I'm sure I'm forgetting (oh, memory). Anyway, appeal in for depression secondary (though depression is a direct symptom of head trama). Appeal in on re-eval of fatigue wich remains at 20%. Claim in on brain injury.

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Time,

Maybe this will help you some.

carlie

38 CFR 4.25

(:unsure: Except as otherwise provided in this schedule, the disabilities

arising from a single disease entity, e.g., arthritis, multiple

sclerosis, cerebrovascular accident, etc., are to be rated separately as

are all other disabiling conditions, if any. All disabilities are then

to be combined as described in paragraph (a) of this section. The

conversion to the nearest degree divisible by 10 will be done only once

per rating decision, will follow the combining of all disabilities, and

will be the last procedure in determining the combined degree of

disability.

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  • In Memoriam

Try to get all of tjese condiotions tied together with your brain inbjury, not part of GW syndrome under sec. 1110, because once VA diagnoses a condition, it drops out of GWS presumption and must be individually service-connected.

alex

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