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Are IED explosions considered toxic exposures?

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Bluntly

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Happy New Year to all and good afternoon. My tbi has been remanded then denied at the RO on Nov 28th 2022. It says I meet the requirements for service connection but my tbi should have resolved already. Now it’s back at the BVA and is being reviewed by a judge. I was just curious is it still hope that this may be considered under the Pact Act?

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TBI 'should have' resolved itself.  There's the variable.  It easily could read TBI 'may have not' resolved itself, if you still have symptoms.  They don't know.  Did you do a C&P with a Psyc. Neurologist Dr?  Did they do the MOCA test?  That's how they will rate you for a TBI.  It depends on how poorly you did in any of those test categories.  In my case, I did poorly on one of the categories.  That put me at the 70% rate for TBI. BTW, I had four or five C&P exams for TBI and PTSD.  They were trying to separate all the symptoms.  It's a complicated process.

I had two IME from outside Dr's that helped out my TBI claim.  One by a forensic MD and one by a Psychologist.

If you haven't got a copy of your C&P exam, I would do that.

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I’m just following up with a new update. I’ve received a text about 30 mins ago saying “The Board of Veterans' Appeals has issued a decision on your appeal and will be sent to you and to your representative, if you have one, shortly.” No update on vet.gov yet, still saying a judge is reviewing your appeal. Did anyone else ever received a text message regarding their appeals also? And was it positive lol just hoping for the best. 

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Ive never gotten a text "from the BVA", however, I have not done a lot of things that many others have done.  For example, I have never done heroin, but that does not mean that no Veterans have ever tried heroin.  

So, its possible VA started sending texts, even tho I never got any texts from them.  

My advice is to check "the letters section" of VA.gov or ebenefits. Not the other stuff, just the letters section.  

Most of the stuff on VA.gov/ebenefits is unreliable, out of date, or just plain wrong, with the exception of the letters section.  

You see, VA does not want Vets running around with an official letter stating they are 100 percent P and T, "unless" they really are 100 percent P and T.  

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Well called the 1800# and they confirmed a decision was made today. He said it’s going back to the RO so they can work out some details. He emailed me the decision but it haven’t arrived yet and that was over a couple hours ago. Vet.gov still says judge is reviewing your appeal but on ebenefits it has no open appeals on file for me. Hopefully the email will arrive tomorrow I guess and I’ll update y’all on the rest once it’s received. Good luck to all that’s still staying in the fight and hoping for the best to all that deserve their benefits.

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In regard to your question "are IED's considered toxic exposure", that's a good question, and Im guess you are wondering about the Pact ACT.  

TBI (Traumatic Brain Injury) is closely related to mental health disorders, such as PTSD.  

Many TBI patients also have PTSD.  

I have a family member who has shrapnel in his head (even today..most of the metal shrapnel is still in his head).

He also has PTSD.  His problem (part of it, anyway), is that he wont apply for PTSD benefits because he fears he will not be able to own a gun.  (not true).  

Yes, its true that some PTSD victims are not allowed to carry weapons.  This is a determination made by a doctor.  If the doctor feels you are, or could become violent, especially around weapons, then he can make a note you should not carry weapons.  But not every PTSD/TBI victim is violent, or dangerous, or cant be trusted with a weapon.  

 

If someone robs a bank wearing a red shirt, this does not mean every one with a red shirt is a bank robber.  

 

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I can’t thank this site enough about everything I learned going through the VA process. Tbi granted! Vet.gov updated this morning after 6 and a half years finally. All done on my own with no lawyer, no extra outside opinions from any doctors. I argued everything that’s already in my file because I know my case better than anyone and what I’m going through.
 

I don’t know the answer to my question either lol until I get the letter in the mail or the email I’m still waiting on. No more claims on file from me and finally finish with the VA. Hopefully they don’t lowball my percentage or effective date which I’ll be appealing if they do. Just like to thank all for the information y’all provide on this site and I’m grateful to have found this site.

I’m already 90% total with Tdiu P&T, which I’m hoping now with this granted appeal it will put me in the SMC range. Best of luck to all moving forward & Semper Fi!!!

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