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Vike17, Berta, I Got The Decision Letter From The Va

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RockyA1911

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I just received the letter from the VA in a white envelope.

Here is what they said pertaining to the skull loss, PTSD, and Unemployabiltiy claim.

Skull Loss

"The issues of service connection of skull loss and an earlier effective date for service connection of skull loss are deferred pending results of VA review examination."

Unemployability

"The issue of whether or not the veteran is entitled to Individual employability is deferred pending receipt of additional information."

PTSD

"As mentioned above, service connection of residuals of post concussion syndrome with brain trauma, left temporal contusion was previously established November 28, 1976, by Rating Decision dated April 25, 1977(rated at 10%). The evaluation of the same disability under various diagnosis is to be avoided. Disability injuries may overlap to a great extent, so that special rules are included in the appropriate bodily system for their evaluation; therefore, your two mental disabilities, residuals of post concussion syndrome with brain trauma/left temporal lobe contusion with post-traumatic stress disorder have been combined and are now shown as post concussion syndrome, brain trauma/left temporal lobe contusion with post-traumatic stress disorder and a 50 percent evaluation is assigned effective April 19, 2005."

I didn't think they could combine the PTSD into this because the stressor of PTSD was Vietnam service and they stated "Your DD-214 for the period of April 15, 1969 through November 27 1973, documents receipt of Combat Action Ribbon, therefore an in-service stressor is conceded."

The head injury happened in 1972 stateside while on duty and the post concussion residuals left temporal lobe contusion with brain trauma is the result of a physical injury and yes they mentioned the cognitive disorder and Memory loss in the increase due to that.

Can they do that? I have seen BVA decision making the VA separate the PTSD from head injury residuals.

So the total results are so far 60% combined:

50% - Post concussion syndrome/brain trauma, left temporal lobe contusion and post-traumatic stress disorder.

10% - Scar secondary to service- connected post concussion syndrome/brain trauma. left temporal lobe contusion (and post traumatic stress disorder).

10% - Recurrent Tinnitus

Skull loss - Deferred pending results of VA review examination.

Individual Empoyability - Deferred pending receipt of additional information.

Service connection of headaches - deferred pending results of VA review examination.

Chloracne - Denied

Barrett's Esophagus - Denied

So it looks like I they still owe me a decision for the Skull Loss and EED, and IU, and the headaches.

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Carlie,

No! I never did claim headaches period and there is no mention of that in any of my C&Ps exams, or specialists consults recently at the VAMC. It is beyond me. I am going to ask they withdraw that because I don't want to have a C&P exam and go through tests for headaches that I never claimed to beging with. Yeah, I have them sporadically but not continuous enough to warrant any compensation according to the CFR 38.

Vike17,

OK, I get it now. I'll just sit on everything and wait and see what the Tiger Team does with the skull loss and IU.

It is still nerving that the Tiger Team, a special unit, how the combined the PTSD with the Post Concussion Syndrome that clearly must be separate evaluations. They had to know that. I feel if they can screw that up, just like Berta said I'd be very skeptical of them and wonder if since they thought they could get away with combining and anxiety disorder (PTSD) with a PCS, how do I know they won't try and combine the skull loss with the PCS too! Even though the DC 5296 states will not be combined with intracranial complications.

I'm just going to take my pack off, relax, and forget about it for a few months. Thanks Vike

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