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Disability claim - TBI specific

Discussion in 'Military' started by Kwikvette, Jun 15, 2019.

  1. Jul 1, 2019 at 1:54 PM
    #61
    Boyk1182

    Boyk1182 Well-Known Member

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  2. Jul 1, 2019 at 1:54 PM
    #62
    shane100700

    shane100700 Bed, Bath & Beyond Crawler

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    Most do. Some VA neurology departments will openly admit they use their own criteria and do not follow the DSM V.
     
  3. Jul 1, 2019 at 1:55 PM
    #63
    uploadadventure

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    Keep trying for that rating. Every three months. Someone will listen.
     
  4. Jul 1, 2019 at 1:55 PM
    #64
    shane100700

    shane100700 Bed, Bath & Beyond Crawler

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    Beat you too it. :D Love that site.
     
  5. Jul 1, 2019 at 1:56 PM
    #65
    uploadadventure

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    Lol yeah. I wasn’t in the marines. But when the war first started and you got injured the medic just looked at you real quick. Asked if you were good and off you went lol
    Oh how the days have changed.
     
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  6. Jul 1, 2019 at 1:58 PM
    #66
    shane100700

    shane100700 Bed, Bath & Beyond Crawler

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    Depending on the decision, look into the bold above.


    Keep in mind that only a VA doctor or a care in the community referral doctor could be used. They will not take doctor documentation otherwise.
     
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  7. Jul 1, 2019 at 2:00 PM
    #67
    Boyk1182

    Boyk1182 Well-Known Member

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    What do you mean here? We send people to civilian doctors (preferably) all the time and win appeals that way.
     
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  8. Jul 1, 2019 at 2:07 PM
    #68
    shane100700

    shane100700 Bed, Bath & Beyond Crawler

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    Maybe that was just during the MEB process that they won’t take it then. Tried to find where I had read it. Unless it changed and at one point they wouldn’t? I take that statement back. I just know the VA wouldn’t take any of mine during my initial packet.
     
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  9. Jul 1, 2019 at 2:18 PM
    #69
    Boyk1182

    Boyk1182 Well-Known Member

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    It won’t do much good at the initial level, or even at the DRO level. It is usually at the BVA level that private DBQs and nexus statements help (you’re years into the appeal process at that point). You basically use a regulation called the “Benefit of the Doubt.” If the evidence for and against granting your claim is in relative equipoise (in other words, equal), the judge will usually grant it. It usually ends up being a C&P exam that goes against you, and the private DBQ or nexus letter supporting your claim, it’s 50/50 and you’ll win.

    If anyone tries this route on appeal, it is very important to have the doctor review your Service Treatment Records and state that he reviewed them. If that isn’t done, the evidence is given less weight than the C&P exam and you’ll lose. Also, the nexus needs to be in VA language (it’s at least as likely as not..) Then of course the medical rationale needs to be sound.

    I would be more than willing to help if anyone needs it.
     
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  10. Jul 1, 2019 at 2:18 PM
    #70
    Kwikvette

    Kwikvette [OP] Woke up and chose violence

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    I've got pictures of a few vehicles I rode in when IED's have gone off.

    I also have a ton of pictures where a suicide VBIED blast went off and made us combat ineffective; we took over a building and operated out of it as "OP Mansion". We cycled through it between section 1 and section 2 of our platoon. Well, when we were there for the 4 days of our cycle, we were taking mortar fire from the rear while up front we were taking gun fire from several black Opels. It was during that time that I took a bullet to my sapi plate, and a VBIED drove through and blew up all our trucks.

    I'll post pictures when I get home.
     
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  11. Jul 1, 2019 at 2:24 PM
    #71
    shane100700

    shane100700 Bed, Bath & Beyond Crawler

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    Honestly, it would probably be worth your time to see someone (legal team?) local if your decision comes back not to your liking. ESPECIALLY if anything you claimed was deemed not service connected.

    You reach 100% P&T, then up to you if you aren’t at least 0% service connected. @Boyk1182 might be able to speak better on that aspect but I’ve always gone with the idea, once you get that 100 then anything else is moot as long as it’s at least service connected.
     
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  12. Jul 1, 2019 at 2:30 PM
    #72
    Boyk1182

    Boyk1182 Well-Known Member

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    I agree, leave it alone once you’re either happy with it or 100%. I have seen 1 case where a guy was permanent and total with TDIU. He filed a claim to increase his 70% rating for PTSD. The examiner stated that there was improvement, now he has a routine future exam for a possible reduction. If he had just never file another claim, he would have continued to get the 100% pay for the rest of his life. I can’t stress that enough, almost daily to people, your ratings can go down when you ask for an increase (there is more to it, protections at 5, 10, and 20 years, but still better not to test the VA).
     
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  13. Jul 1, 2019 at 2:35 PM
    #73
    shane100700

    shane100700 Bed, Bath & Beyond Crawler

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    Pretty much what I was always told and thought too.
     
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  14. Jul 1, 2019 at 2:39 PM
    #74
    Boyk1182

    Boyk1182 Well-Known Member

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    There is 1 caveat, the 100 + 60 rule. If you have 1 condition rated at 100% by itself, and other conditions that on their own would get a combined rating of 60% or higher, you get Special Monthly Compensation.

    That applies to very few people though, and it implies that you’re “house bound.” That is something to be careful with though unless you truly can’t leave your house. I could see that causing problems down the road if you’re receiving that and out doing things.

    OP sorry for the sidetrack..
     
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  15. Jul 1, 2019 at 2:51 PM
    #75
    Clayfri77

    Clayfri77 Well-Known Member

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    It's the VA of course you were being Brushed off. I sit at 90 percent and have been fighting them for 13 years.
     
  16. Jul 1, 2019 at 5:34 PM
    #76
    uploadadventure

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    Mines always gone up luckily. Have had 3 rate changes over about 10 years.
     
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  17. Jul 1, 2019 at 5:36 PM
    #77
    uploadadventure

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    Yes. This. You gotta be careful. Cause you can be 100% disabled and you’re not “allowed” to work. Or you can only work limited hours
     
  18. Jul 1, 2019 at 5:40 PM
    #78
    Boyk1182

    Boyk1182 Well-Known Member

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    This is a gray area. If you’re granted TDIU, you can’t work (or only a very little with a low income threshold). If you’re 100% schedular, you can work as much as you want, but it can backfire, and end up getting you reduced. The fact that you’re working could trigger the VA to determine that the severity can’t be that bad anymore. There is no rule though, and you can technically work with a 100% rating. It’s best to remember that “permanent and total” is not permanent unless you stop filing claims (like forever, never file another claim)!
     
  19. Jul 1, 2019 at 5:42 PM
    #79
    uploadadventure

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    Yeah I called the VA to make sure I could work while having the 100% rating. They said it was okay and I ran with it.
     
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  20. Jul 1, 2019 at 5:46 PM
    #80
    Boyk1182

    Boyk1182 Well-Known Member

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    If you had a routine future exam, that is where the trouble might be. Say you weren’t working when you got the rating, maybe based on that fact. A few years later you have an exam and you’re working, the examiner might take that as showing improvement. That’s what I mean by gray area, you can absolutely work at 100%, but the C&P examiners aren’t dumb and will factor that in. The key is to not go to anymore C&P exams.
     

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