DDD How to prove incapacitating episodes

[VAodyssey :(]

Hello HadIt,

I'm super new to this site but have been searching around for about month since I'm waiting on a BVA "Decision Soon." I'm not too hopeful but that's another story. 

I'm currently rated for a few issues but want to file for an increase on my DDD, currently 10%, on the basis of incapacitating episodes.  I want to know what is the minimum evidence the VA will take.  When I have a flareup I may be down for 1-2+ weeks, but I don't always go to the doctor, or when I do the flare is already subsiding by the time I'm seen. Many times its simply discussed with physician and every 1-2 years I get an updated MRI to monitor issue. I'm just wondering if anyone has been successful with an increase or proving incapacitating episodes so I can set myself up for success from the beginning.

[brokensoldier244th]

Usually range of motion is easier but if you’ve missed time from work, I’ve used those records before, along with prescriptions receipts and whatnot. Phone call records from your doctor when you called them, maybe?

[Lemuel]

I went to walk in clinics.  Took a year to get a wheel chair for those episodes.  Another 2 years to get a fitted one.  And now I don't need them.  I presume you are talking about a back problem.

I eventually did hydro therapy and except for my neck, I've been doing good.  Have to wear a back brace to do anything but I can lift significantly more than the 3 # limit initially.

 Secondary injury to a confirmed at the time epileptic episode which is still in adjudication after 30 years.  A 26 year old unadjudicated substantive appeal that was never docketed at the BVA.  The epilepsy (TLE) secondary to and my TBI caused me to miss the substantive appeal hidden in 3,000 pages of what seems to be a purposefully disorganized file.  Had written to the VA OIG about the failure to forward my claim to the BVA and then do a denial.  Was living homeless at the time without my copies.  The Denver VARO denied the existence of the 11/26/1994 timely substantive appeal to the OIG on 07/20/1998.  Attaching both redacted.

Some who have received TBI awards in 2008-2011 may be interested.  At the time 38 CFR 3.155 allowed a broader "next of friend" claim.  I forwarded documentation to nvlsp a firm that does class action for veterans. "info@nvlsp.org"

There are two possible EED (earlier effective date) actions for those of us that had SC TBI prior to 2008. 

My 1988 District Court case filing, 38 CFR 3.155 in 1994 and 38 CFR 4.42 because the C&P exams were strictly limited to what the RO ordered and examiners were not allowed to include "other affected body systems" as required.  So, for example, if you claimed a leg injury from a blast in which you were unconscious for hours, particularly more than 24 hours, your TBI may not have made the hospital summary and was ignored as mine was until I obtained the inpatient records (IPTR).

Many individuals who suffered multiple trauma and were hospitalized for more than a week are not even aware of how long they were unconscious.

Personally, I have a new decision granting me TDIU back to my last day of full time employment which was September 16, 1985.  So the only avenue for EED for me is 38 CFR 4.42.  Temporal lobe epilepsy is subtle in presentation.  If you weren't followed up for your TBI with an EEG and neurobehavioral testing 6 months later (which was supposed to be included in your first "injury" examination you may find it is the cause of your inability to find and maintain employment.  Although we don't notice it ourselves, others consider us "drifty" or inattentive.  We are unconscious of the episodes and even deny them..

19941126 Lem to BVA sub appeal copy Cheye_Redacted.pdf 19980720 VARO Den response to OIG_Redacted.pdf

Edited July 4, 2020 by Lemuel
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