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Doctor wrote letter stating I could not work do to TBI

Mr.B

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Mr.B Enthusiast

Mr.B 9

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My doctor stated I cannot work do to my TBI! I never applied for TBI benefits because I was told they would label my condition under other! I am 100% TDIU T & P since 2002! Will they back pay me from this date of letter or before! My Psychiatrist states he documented this all throughout my records! He wrote this letter back then for something else! I cannot remember!  My VA doctors states he will confirm it again that I cannot work due to TBI! Is this letter strong enough along with VA records! Will I need another exam? 50 depression , 50 sleep apnea, 20 back pain, 10 feet, 0 knees,! Agreed to give me T&P for dropping seizures but was in treatment for seizures like on meds.  DAV lawyer’s Stated to take 100% T&P at the time when I retired! Never had a job since!

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awgv001
awgv001

https://www.healthline.com/health/white-matter-disease

Mr.B
Mr.B

My doctor stated I cannot work do to my TBI! I never applied for TBI benefits because I was told they would label my condition under other! I am 100% TDIU T & P since 2002! Will they back pay me f

awgv001
awgv001

Hey @Vync if he's going for SMC (t) then...(i'll take a crack at this) @Mr.B -- A single disability evaluated as 100-percent disabling under a schedular evaluation is generally a prereq

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awgv001 Community Regular

awgv001 97

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33 minutes ago, Mr.B said:

My doctor stated I cannot work do to my TBI! I never applied for TBI benefits because I was told they would label my condition under other! I am 100% TDIU T & P since 2002! Will they back pay me from this date of letter or before! My Psychiatrist states he documented this all throughout my records! He wrote this letter back then for something else! I cannot remember!  My VA doctors states he will confirm it again that I cannot work due to TBI! Is this letter strong enough along with VA records! Will I need another exam? 50 depression , 50 sleep apnea, 20 back pain, 10 feet, 0 knees,! Agreed to give me T&P for dropping seizures but was in treatment for seizures like on meds.  DAV lawyer’s Stated to take 100% T&P at the time when I retired! Never had a job since!

 

If you have been 100% TDIU since 2002, there are no retroactive benefits...the date of your IMO letter is Aug 2003.

You haven't been working, and your doctor says to continue - not working. Not sure what the question is here to be honest.

There is no difference in pay whether 100% schedular or P&T, unless you have a single disability rated at 100% alone - AND a combination of 60% total disability combined beyond the 100% for SMC (s), or housebound SMC.

TBI also has its own criteria that can apply to SMC as well. Research SMC (t)

What is your goal here?

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Vync Grand Master

Vync 2,286

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Coming from a fellow veteran who is 100% P&T and also diagnosed with white matter disease (normally that happens around age 60+, but I'm in my 40's), I don't want to come off against you but believe the only bad questions are those which are not asked.

You're already 100% TDIU back to 2002. The letter is dated 2003. Because the VA already was paying you at the 100% rate, they would have no basis to pay you any extra unless SMC is applicable. If your disability negatively impacts you in the bedroom department, you might consider filing for SMC-K, which is about $130/month more. I'm not an SMC expert, but there are a lot of factors to other levels of SMC.

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awgv001 Community Regular

awgv001 97

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Hey @Vync if he's going for SMC (t) then...(i'll take a crack at this)

@Mr.B

--

A single disability evaluated as 100-percent disabling under a schedular evaluation is generally a prerequisite for entitlement to A&A.  Any lesser disability would be incompatible with the requirements of 38 CFR 3.352(a).
 
Explanation:  Both the nature of the impairment (being in need of regular A&A) and the compensation indicate that a greater level of disability is required for entitlement to the additional allowance for A&A than for
  • entitlement to SMC at the housebound rate, or
  • a 100-percent schedular evaluation.
Important: 
  • The single disability rated as totally disabling must be the sole or partial cause of the need for A&A.
  • 38 CFR 4.16 applies only to IU determinations.  It does not permit decision makers to apply 38 CFR 4.16 guidelines on what constitutes a single disability to A&A determinations.
  • Temporary 100-percent evaluations under 38 CFR 4.28, 4.29, and 4.30 qualify for the single schedular evaluation needed for entitlement to A&A.  However, grants of entitlement to A&A are not routine in these circumstances.
  • To establish entitlement to SMC (t), the need for A&A must be due to traumatic brain injury (TBI) or multiple disabilities due to TBI that combine to a 100-percent evaluation.
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GBArmy Grand Master

GBArmy 1,436

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Vync What is white matter disease???

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