Jump to content
Using an Ad Blocker? Consider adding HadIt.com as an exception. Hadit.com is funded through advertising, ad free memberships, contributions and out of pocket. ×
  • 0

Doctor wrote letter stating I could not work do to TBI


Mr.B
This thread is over 365 days old and has been closed.

Please post your question as a New Topic by clicking this link and choosing which forum to post in.

For almost everything you are going to want to post in VA Claims Research.

If this is your first time posting. Take a moment and read our Guidelines. It will inform you of what is and isn't acceptable and tips on getting your questions answered. 

 

Remember, everyone who comes here is a volunteer. At one point, they went to the forums looking for information. They liked it here and decided to stay and help other veterans. They share their personal experience, providing links to the law and reference materials and support because working on your claim can be exhausting and beyond frustrating. 

 

This thread may still provide value to you and is worth at least skimming through the responses to see if any of them answer your question. Knowledge Is Power, and there is a lot of knowledge in older threads.

 

spacer.png

Question

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!

BA740FA7-216A-4AAD-8120-CB557DB0BEE1.jpeg

  • Like 1
Link to comment
Share on other sites

6 answers to this question

Recommended Posts

  • 0
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?

Link to comment
Share on other sites

  • 0
  • Content Curator/HadIt.com Elder

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.

Link to comment
Share on other sites

  • 0

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.
  • Like 1
Link to comment
Share on other sites

  • 0
  • Moderator

Vync What is white matter disease???

Link to comment
Share on other sites



  • veterans-crisis-line.jpg
    The Veterans Crisis Line can help even if you’re not enrolled in VA benefits or health care.

    CHAT NOW

  • question-001.jpeg

    Have Questions? Get Answers.

    Tips on posting on the forums.

    1. Post a clear title like ‘Need help preparing PTSD claim’ or “VA med center won’t schedule my surgery instead of ‘I have a question.
       
    2. Knowledgeable people who don’t have time to read all posts may skip yours if your need isn’t clear in the title.
      I don’t read all posts every login and will gravitate towards those I have more info on.
       
    3. Use paragraphs instead of one massive, rambling introduction or story.
       
      Again – You want to make it easy for others to help. If your question is buried in a monster paragraph, there are fewer who will investigate to dig it out.
     
    Leading too:

    exclamation-point.pngPost straightforward questions and then post background information.
     
    Examples:
     
    • Question A. I was previously denied for apnea – Should I refile a claim?
      • Adding Background information in your post will help members understand what information you are looking for so they can assist you in finding it.
    Rephrase the question: I was diagnosed with apnea in service and received a CPAP machine, but the claim was denied in 2008. Should I refile?
     
    • Question B. I may have PTSD- how can I be sure?
      • See how the details below give us a better understanding of what you’re claiming.
    Rephrase the question: I was involved in a traumatic incident on base in 1974 and have had nightmares ever since, but I did not go to mental health while enlisted. How can I get help?
     
    This gives members a starting point to ask clarifying questions like “Can you post the Reasons for Denial of your claim?”
     
    Note:
     
    • Your first posts on the board may be delayed before they appear as they are reviewed. This process does not take long.
    • Your first posts on the board may be delayed before they appear as they are reviewed. The review requirement will usually be removed by the 6th post. However, we reserve the right to keep anyone on moderator preview.
    • This process allows us to remove spam and other junk posts before hitting the board. We want to keep the focus on VA Claims, and this helps us do that.
  • Most Common VA Disabilities Claimed for Compensation:   

    tinnitus-005.pngptsd-005.pnglumbosacral-005.pngscars-005.pnglimitation-flexion-knee-005.pngdiabetes-005.pnglimitation-motion-ankle-005.pngparalysis-005.pngdegenerative-arthitis-spine-005.pngtbi-traumatic-brain-injury-005.png

  • VA Watchdog

  • Can a 100 percent Disabled Veteran Work and Earn an Income?

    employment 2.jpeg

    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

×
×
  • Create New...

Important Information

{terms] and Guidelines