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I need some help, please

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angelasmalley449

Question

My husband was diagnosed with a TBI years ago, but was never rated by the VA. Now he has been diagnosed with frontotemporal neurocognitive disorder, and there is no family history. How do I get the TBI rated and where do I even start? I have been gathering research and doctor's notes and everything. This life is hard, and his multiple TBIs--at least 5--are service connected. I'd appreciate any insight and assistance. He is already rated 100% for PTSD and additional injuries are rated at 30%, I believe. 

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sorry for typos -I have CTS- and am going to lose internet if this cloud doesnt break up.

I bet many here get tired of my renditions on the proven , and documented malpractice my husband received from VA...that caused his death.

I believe the VA SAVES lives every day!!!!!!!!!!!!!!!!!!!!

But if I see something here that does not sound medically  'right'- I certainly want to know why-

If the H VAC ever gets my Bill S 221, that will save lives of veterans.It is a medical VA committee and the Senate passed it unanimously.Once out of committee the House will pass it ( I HOPE!!!!)

 

 

 

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To add, these are recent BVA successful claims due to a neurocognitive disorder, frontotemporal type, and show how this disability can be caused by many medical factors:

(PS -the VA also uses th medical term Lewy Body dementia for many of these claims.Also My husband's psychologist gave him 2 days of extensive tests- 6 tests, that cmpletely separated his 100% PTSD from his 1151 100% stroke.)

If your husband has full blown dementia , he would obviously need a lot of care. Our locl VA gave me a respite situation-I assume your husband is not longer able to drive,or leave the house alone.

This could set him up for SMC HB or 100% plus 60% SMC or even a higher level of SMC.

Our member Asknod is an exert on those higher levels.

But we need more info. I know how difficult it can be ,dealing with dementia. my husband had very lucid moments and his intelligence was in tact, but that could switch fast to other problems.

Has VA or SSDI ever stated your husband was incompetent? If so what for?

Reason I ask- My husband had a SSDI award solely for his 1151 stroke. We asked for reconsideration and they tried to talk him out of that but they failed- they had to reconsider based on what he felt was his prime disability ( PTSD)-he was granted SSDI then for PTSD with a very favorable EED.

SSDI however told him they had to declare him incompetent due to their PTSD findings but he coud appeal that. (VA had not declared him incompetent). But he told the SSDI person- 'No-I like it and wont appeal because the next time those Student Loan people call me I can tell them I am incompetent and cant deal with their calls.( Hs VA doctor signed a Student Loan waiver for him-he only owed them a few hundred bucks and they called relentlessly.He wanted to pay it but someone told him if you make any payment at all ,after you are 100% disabled, they will call even more!

 

 

 

 

 

In December 2019, the Veteran’s treating VA physician submitted a medical opinion which stated that she had been the Veteran’s primary care physician since August 2018.  She further stated that the Veteran’s progressive frontotemporal neurocognitive disorder or dementia was due to and aggravated by his service connected bilateral hearing loss.  The examiner also submitted a medical treatise which supported her opinion.   
 
In December 2019, the Veteran’s treating VA physician submitted a medical opinion which stated that she had been the Veteran’s primary care physician since August 2018.  She further stated that the Veteran’s progressive frontotemporal neurocognitive disorder or dementia was due to and aggravated by his service connected bilateral hearing loss.  The examiner also submitted a medical treatise which supported her opinion.   

In a December 2019 VA examination, the examiner found that the Veteran’s dementia was not at least as likely as not proximately due to or the result of the Veteran’s bilateral hearing loss.  

Secondary service connection requires a finding that that the current disability was either caused by or aggravated by a service-connected disability. In the current matter, such a connection is supported by the evidence of record. The Veteran is service-connected for bilateral hearing loss and the Veteran’s primary care provider stated that the Veteran’s dementia was exacerbated by his bilateral hearing loss.  The Board is aware of the December 2019 VA examination opinion, however, the Board finds that the evidence for and against the claim is at least in equipoise and, as such, reasonable doubt must be resolved in his favor.  

Accordingly, resolving all reasonable doubt in favor of the Veteran, the Board finds that a grant of service connection for dementia, as secondary to his bilateral hearing loss, is warranted.
 
Accordingly, resolving all reasonable doubt in favor of the Veteran, the Board finds that a grant of service connection for dementia, as secondary to his bilateral hearing loss, is warranted.
 
 
"ORDER
 
Entitlement to service connection for a neurocognitive disorder, frontotemporal type, due to service-connected hypertensive heart disease with cardiomyopathy, thoracic aneurysm, and mild aortic dilatation (“hypertensive heart disease”) is granted."
 
 
ORDER
 
Entitlement to a 100 percent disability rating for posttraumatic stress disorder (PTSD) and fronto-temporal lobe disorder with neurocognitive disorder related to temporal lobe syndrome is granted.
 
Entitlement to a total disability rating for compensation purposes based on individual unemployability (TDIU) is granted.
 
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Here is what I mean about a higher SMC level:

In part:

"ORDER

Entitlement to an initial rating for service-connected posttraumatic stress disorder (PTSD) in excess of 30 percent from March 17, 2014 to May 23, 2018, is denied.

Entitlement to a rating of 100 percent for PTSD since May 24, 2018, but no earlier, is granted.

Entitlement to an effective date of May 24, 2018, but no earlier, for the grant of special monthly compensation (SMC) based on aid and attendance is granted.

Entitlement to an effective date of May 24, 2018, but no earlier, for establishment of basic eligibility to Chapter 35 Dependents' Educational Assistance (DEA) benefits is granted."

"Medical treatment records from the appeal period fail to detail any PTSD symptoms other than a negative February 2014 PTSD screening. A May 24, 2018 memory clinic evaluation report detailed symptoms of progressing frontotemporal dementia with agitation, impulsivity, apathy, and poor judgment. Medical records dated October 31, 2019 confirmed diagnosis of severe dementia."

 

https://www.va.gov/vetapp21/Files5/A21009773.txt

 

 

 

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Thank you all! You have been extremely helpful. Sometimes the wording eludes me--I have research from Dr. Corrigan at Ohio State University who leads a team of graduate student working on the correlates of TBI and aging and the relationship to dementia. Frontotemporal dementia can certainly be caused by a TBI. Research is clear.

IOM report.pdf

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Thi is a long and interesting report- but I don't see how it will help your husband-

there are Many medical reports on the internet regarding inservice TBIs in veterans----

what will help is if you can scan and attach here his last decision from the VA , and the evidence list, and any rating info from the va. Years ago they alwaysincluded a rating sheet.

You stated :

." This life is hard, and his multiple TBIs--at least 5--are service connected. "

1) If they were service connected he should have been rated for them-

    ( 5 TBIs is Very unusual.)

2) Was he ever rated for TBI at "0" SC percent?

3)Transcient ischemia of brain can cause multiple brain lesions, but how do you know he had 5 TBIs?

He needs to have documented  proof that he suffered from TBIs in the service.

He also needs medical proof that these are, in fact, TBIs

I assume and could be wrong, that his PTSD is from combat.It could be from an incident that caused the TBIs.

4)Did he ever have CT scans or an MRI from the VA or a private doctor that revealed the TBIs ? 

5)Did he suffer from a concussion ( in his SMRS), from the TBIs?

TBI is a traumatic Brain injury .

6) Does he have any other non service disabilities such as diabetes, or heart disease?

I know how difficult and exhausting it can be when someone we love has brain trauma and both of my dead veteran husbands had it, and dementia.

"I'd appreciate any insight and assistance. He is already rated 100% for PTASD and additional injuries are rated at 30%, I believe." Thatis the decision we need to see.

I asked 6 questions, and they are the same questions a VSO or a vet lawyer would ask-and are  questions I am sure others would ask as well.

We can help more when we get more info.

 

 

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On 2/17/2022 at 9:24 PM, angelasmalley449 said:

My husband was diagnosed with a TBI years ago, but was never rated by the VA.

I think everyone missed the question above. So what I am getting is he was never rated for his TBI but was rated 100% for PTSD and additional injuries are rated at 30%.  How long has he bee n rated at 100%?  it makes a difference how you approach it. Was he diagnosed with frontotemporal neurocognitive disorder by the VA? It is possible that they are calling the TBI that. 

How do I get the TBI rated and where do I even start? If he has filed a claim for TBI and the VA has failed to rate him even if it was 0 it is considered an "open claim." I would ask them to reopen the TBI claim to the ordinal date because of there CUE error.

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