Best Avenue for TBI Claim

[Smirak]

I am currently rated at 90% total (70% PTSD, 10 asthma, 10 tinitus, 20 each shoulder).  I was recently diagnosed with a TBI by a non-VA provider and am going to file for that as a new claim.  However, here's the question.  Since I'm already rated PTSD, would that stand on its own, or would it be considered secondary to TBI?  If secondary, does that somehow affect the rating?  And lastly, what other secondary claims can I be looking at that can accompany a TBI rating?  I know migraines could be one, and I am diagnosed with migraines, but I have never filed a claim for that.  Just looking to get all my options here.

Thanks - Kevin

[blahsaysme2u]

2 hours ago, Lemuel said:

Depending upon your work income history, you might submit an extra-schedular claim to the Director, Compensation Services.  Especially if your past employers made special considerations for you because you were a veteran such as my last employer and a couple of the full-time employers before that.  I only had evidence of that in the file for my last employer

I am currently employed but my current employer does make significant considerations for me for my disabilities and if I ever lost this job I would never find a job that I could work lime this again...especially for the salary I make...what do you mean extra-sched claim to director? Like smc? Dunno I would be eligible since I'm employed 

[Lemuel]

10 hours ago, blahsaysme2u said:

I am currently employed but my current employer does make significant considerations for me for my disabilities and if I ever lost this job I would never find a job that I could work lime this again...especially for the salary I make...what do you mean extra-sched claim to director? Like smc? Dunno I would be eligible since I'm employed 

You are eligible.  Just need a full statement from your employer about what considerations he gives you and that you would be unemployable if he did not grant you those considerations because of your service-connected disabilities.

Search 38 CFR TDIU and 38 CFR Extra-schedular ratings.  If you do not find the eCFR sections, reply to this and I will go to my claim quotes and copy and paste them.  Or you can look up my posts by clicking on my green "L" in the upper left corner and go through my posts to find them.

Found this quickly and the attachment also:

§ 4.18 Unemployability.

A veteran may be considered as unemployable upon termination of employment which was provided on account of disability, or in which special consideration was given on account of the same, when it is satisfactorily shown that he or she is unable to secure further employment. With amputations, sequelae of fractures and other residuals of traumatism shown to be of static character, a showing of continuous unemployability from date of incurrence, or the date the condition reached the stabilized level, is a general requirement in order to establish the fact that present unemployability is the result of the disability. However, consideration is to be given to the circumstances of employment in individual claims, and, if the employment was only occasional, intermittent, tryout or unsuccessful, or eventually terminated on account of the disability, present unemployability may be attributed to the static disability. Where unemployability for pension previously has been established on the basis of combined service-connected and nonservice-connected disabilities and the service-connected disability or disabilities have increased in severity, § 4.16 is for consideration.

[40 FR 42536, Sept. 15, 1975, as amended at 43 FR 45349, Oct. 2, 1978]

To file an extra-schedular claim see a VSO and have him help you get it in.  Extra-schedular claims do not have to be just for TDIU but are required to be submitted by the RO when, for example, you report your circumstance in your clinical or mental evaluations and the reports are recorded.  It becomes a CUE if the claim is not referred by the RO for extra-schedular evaluation per 38 CFR.

 

1 38 CFR 4.16.pdf

[Lemuel]

11 hours ago, blahsaysme2u said:

I am currently employed but my current employer does make significant considerations for me for my disabilities and if I ever lost this job I would never find a job that I could work lime this again...especially for the salary I make...what do you mean extra-sched claim to director? Like smc? Dunno I would be eligible since I'm employed 

I was employed in circumstances similar to yours from 1987 to September of 1990.  I did get the employer's statement.

In April of 2020, I was granted TDIU back to September of 1985 the last date of full-time employment.

I believe I should also have been granted TDIU minimally for the periods between my multiple employments, most of which lasted less than a year, if not going back to my Discharge from the Navy in 1974.

We will see what the BVA has to say about that, and I will and have ask the BVA to refer my claim to the Director, Compensation Services, to include the 11/26/1994 and 1987 "next of friend" claim for all veterans suffering under similar circumstances.  It is unfortunate that too many of them committed suicide because of their untenable financial and social circumstances.

I have an attorney firm that is supported by the State of Nebraska that will review my BVA Decision for further action upon its release.  Still waiting over 2 years for a hearing which obviously includes the COVID period.  Plus, my brief opened some complicated issues such as obstruction by the VAMC in providing medical evidence to the VARO and the issue of mistreatment with Tegretol contrary to the precautions in the PDR.

 

[Kitkat]

I’m going to write my hello post, but I wanted to chime in on your post before I lost it. (Newbie!) My first thought was what injury did you get both shoulder ratings for? 
 

My next thought holds no foundation at this point but is something my Dr. At the Polytrama center are looking at. I was really sick before my TBI. Even ended up in the infectious disease office but nothing could be diagnosed for certain. I was in CA and at one point it was listed as Valley Fever. This was early 90s and until my son found a chunk of medical records and put them in order I had no memory of being so sick before the accident. There are a few articles out about infections being more important to the immune system then injury. That would possibly create issues for a head trauma if you might have been sick at the time.

Just thought I would share in cause you might remember something. 

[GBArmy]

Welcome to Hadit Kitkat. 

I would suggest to contact Dr Craig Bash, 240-506-1556. He has a fantastic medical background, including neurology. He writes nexus letters and dbq's for disability claims and I would be surprised if he could help you or stear you in the right direction. even if you didn't sign on to his services.

[Kitkat]

That’s one of my local area codes too.  Do I just call him? Please forgive my ignorance of chat etiquette.

 

Thank you for the warm welcome.