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  • Trouble Remembering? This helped me.

    I have memory problems and as some of you may know I highly recommend Evernote and have for years. Though I've found that writing helps me remember more. I ran across Tom's videos on youtube, I'm a bit geeky and I also use an IPad so if you take notes on your IPad or you are thinking of going paperless check it out. I'm really happy with it, I use it with a program called Noteshelf 2.

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  • 14 Questions about VA Disability Compensation Benefits Claims

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    When a Veteran starts considering whether or not to file a VA Disability Claim, there are a lot of questions that he or she tends to ask. Over the last 10 years, the following are the 14 most common basic questions I am asked about ...
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  • Most Common VA Disabilities Claimed for Compensation:   

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

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    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

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    • Exams that were being sent strictly to contractors before, due to VAMCs not being open, are starting to be routed back to VAMCs. This is going forward from last Friday- not sure if prior scheduled exams will be re-created for VAMC vs vendor.
      • 7 replies
    • Mere speculation in your VA C and P exam

      M21-1, Part III, Subpart iv, Chapter 3, Section D – Examination Reports III.iv.3.D.2.r. Examiner Statements that an Opinion Would be Speculative Pay careful attention to any conclusion by the examiner that an opinion could not be provided without resorting to mere speculation (or any similar language to that effect). VA may only accept a medical examiner’s … Continue reading
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    • Howdy all,

      The VA DRO denied my claim for an earlier effective date for my sleep apnea. They originally denied it in 2008 but granted it in Nov 2019 secondary to my GERD. I was rated for GERD in 2001. So I had it in 2008. I have attached the 2008 denial, 2018 approval, and the NOD SOC. All of my medical files and the medical articles and VA Citations referenced were in existence in or before Jan 2008. The only new items were the NEXUS letter from Dr Bash and a few extra buddy letters. The original denial states that my medical records show no diagnosis or treatment and only isolated complaints of symptoms. The denial does not even list my wife's or my lay statements as evidence reviewed. I have symptoms listed numerous times in my SMRs:

      a. Medical visit dated 24 Feb 76 for problem sleeping and depression.
      b. Physical exam dated 24 Jan 79 listed frequent/severe headaches" dizziness, and
      nervousness.
      c. Physical exam dated 07 Nov 83 listed frequent/severe headaches.
      d. Physical exam dated 16 Jan 85 listed frequent/severe headaches.
      e. Admitted to hospital 05 Aug 86 for chest pains and anxiety.
      f. Medical visit dated 14 Jul 87 for problem sleeping and morning confusion.
      g. Physical exam dated 25 Feb 88 listed dizziness.
      h. Physical exam dated 07 Oct 91 listed frequent/severe headaches
      i. Physical exam dated 25 Aug 93 listed headache.
      j. Hernia repair surgery dated 22 Ang 94 surgeon had to insert devices of some
      kind in each of my nostrils that went down into my throat to keep rny airway
      open and stop my disruptive snoring.
      k. Physical exam dated 29 Sep 99 listed frequent/severe headaches.

      So could you all take a look and let me know what you think.

      Redacted VA NOD SOC 04-09-2020.pdf
      VA 2008 Denial of OSA Redacted.pdf
      VA Claim Decision Ltr 08 Nov 2018 Redacted.PDF
      • 3 replies
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SameOldSong

TBI and Pyramiding

Question

 

I had a fall in the military that resulted in a C2 cervical spinal fracture. Years later, after complaining of headaches for 30 years, an MRI showed that the C2 dens is still broken and flexes a bit too much.  I have a rating for headaches and tinnitus, and in the process of the evaluation for my vertigo a brain lesion was found on my temporal lobe near my sinuses that looks like trauma damage. The lesion hasn't been seen before because this is one of the first MRIs that I've done with a contrast.

The neurologists think this is related to the C2 fracture nonunion as the vertigo has been a constant element for 30 years also. It's still in evaluation. But, if they pin this on that lesion, I'm wondering if it will reduce my 50% headaches and 10% tinnitus down to 40% TBI subjective symptom residual based on pyramiding.

Does anyone have any experience with this that they could share? 

(One of my military friends was diagnosed with "fibromyalgia" from his Iraqi combat. It started after his Humvee hit an IED and rolled while everyone was wearing 70 lbs of armor and gear. The VA has capped him at 40% despite massive headaches and other residuals that combined could rate higher as part of fibromyalgia symptoms.  He's been fighting it for 15 years now.)

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In order to reduce VA must prove that your condition has improved. Keep taking your meds. and keep going to treatment.

As to your friend invite him to come to Hadit.com where he can get advice on his disabilities.  Also, fibromyalgia is like a catch all but the symptoms can be evaluated and rated separately.

 

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SameOldSong

You might want to check out all your diagnostic codes, as if they are different , then its not pyramiding.

 

Check out this link Esteban vs Brown

https://www.knowva.ebenefits.va.gov/system/templates/selfservice/va_ssnew/help/customer/locale/en-US/portal/554400000001018/content/554400000066775/Esteban-v.-Brown

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They probably won't reduce your migraines.  Those are secondary to your TBI.  But who knows when it comes to VA.  I have 70% tbi, 10% migraines.  They combined TBI with my PTSD for 100% P&T.  

40% is max for Fibro.  Basically it's a widespread body pain rating that your friend has.  Usually when they can't find what's causing the pain.  He needs to look into TBI.  It is not an easy fight with the VA.  I had an outside Dr. and Psyc. Dr. diagnose me.  Then I proceeded to have 3 different C&P for it (long crazy ones).  It's tough because they were trying to differentiate TBI & PTSD symptoms.  I got denied CFS because of TBI/PTSD symptoms, which makes sense.

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Thank you all for your answers.  Is it even possible to be rated for a TBI from a fall that happened in 1986?  I have hospital records that show that I was unconscious when found and from the records, I was probably out for about 30 minutes.

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Yes.  It would help if you had an MD diagnose it though.  I hired one for all my issues.  Then I hired a psyc Dr. to verify the Md's diagnosis and do an additional DBQ.  The VA then proceeded to do a total of 3 C&P's for it.  The first QTC psyc Dr. agreed with both outside medical opinions.  The additional C&P's were just for clarification I assume.  I'm still waiting to get the C&P's I asked for 6 months ago.

My TBI was from a training accident which knocked me out.  It's in my medical records.  But now mention of being knocked out.  I think your records are better than mine, stating you we're knocked out.  

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    • Exams that were being sent strictly to contractors before, due to VAMCs not being open, are starting to be routed back to VAMCs. This is going forward from last Friday- not sure if prior scheduled exams will be re-created for VAMC vs vendor.
      • 7 replies
    • Mere speculation in your VA C and P exam

      M21-1, Part III, Subpart iv, Chapter 3, Section D – Examination Reports III.iv.3.D.2.r. Examiner Statements that an Opinion Would be Speculative Pay careful attention to any conclusion by the examiner that an opinion could not be provided without resorting to mere speculation (or any similar language to that effect). VA may only accept a medical examiner’s … Continue reading
      • 0 replies
    • A favor please - just changed servers so if you have a moment...
      A favor please - just changed servers so if you have a moment go to https://www.hadit.com I'd like to see how the server handles a lot of traffic. So if you have a moment click the link and i can see how things are going on the back end.
      • 11 replies
    • It's time to ask for help from the community. If you can help with a gift it would be very appreciated.

      Fund HadIt.com Veteran to Veteran LLC


      Give a financial gift to help with the upkeep of HadIt.com. HadIt.com is NOT a non profit. Gifts are not tax deductible, they are just gifts. 
      • 11 replies
    • Howdy all,

      The VA DRO denied my claim for an earlier effective date for my sleep apnea. They originally denied it in 2008 but granted it in Nov 2019 secondary to my GERD. I was rated for GERD in 2001. So I had it in 2008. I have attached the 2008 denial, 2018 approval, and the NOD SOC. All of my medical files and the medical articles and VA Citations referenced were in existence in or before Jan 2008. The only new items were the NEXUS letter from Dr Bash and a few extra buddy letters. The original denial states that my medical records show no diagnosis or treatment and only isolated complaints of symptoms. The denial does not even list my wife's or my lay statements as evidence reviewed. I have symptoms listed numerous times in my SMRs:

      a. Medical visit dated 24 Feb 76 for problem sleeping and depression.
      b. Physical exam dated 24 Jan 79 listed frequent/severe headaches" dizziness, and
      nervousness.
      c. Physical exam dated 07 Nov 83 listed frequent/severe headaches.
      d. Physical exam dated 16 Jan 85 listed frequent/severe headaches.
      e. Admitted to hospital 05 Aug 86 for chest pains and anxiety.
      f. Medical visit dated 14 Jul 87 for problem sleeping and morning confusion.
      g. Physical exam dated 25 Feb 88 listed dizziness.
      h. Physical exam dated 07 Oct 91 listed frequent/severe headaches
      i. Physical exam dated 25 Aug 93 listed headache.
      j. Hernia repair surgery dated 22 Ang 94 surgeon had to insert devices of some
      kind in each of my nostrils that went down into my throat to keep rny airway
      open and stop my disruptive snoring.
      k. Physical exam dated 29 Sep 99 listed frequent/severe headaches.

      So could you all take a look and let me know what you think.

      Redacted VA NOD SOC 04-09-2020.pdf
      VA 2008 Denial of OSA Redacted.pdf
      VA Claim Decision Ltr 08 Nov 2018 Redacted.PDF
      • 3 replies
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