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Disability claim - TBI specific

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

  1. Jul 1, 2019 at 5:47 PM
    #81
    El Duderino

    El Duderino Obviously, you're not a golfer.

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    Stuff, things, this, an ADS
    I’m at 100% now since November 2017. I don’t feel like I have to go back for a TBI rating. The migraines were hard as hell to get a rating for too. Took me two years to get that shit sorted out. Luckily my VA neuro doc is an amazing human being. And helped me get set up with the DAV.
     
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  2. Jul 1, 2019 at 5:48 PM
    #82
    El Duderino

    El Duderino Obviously, you're not a golfer.

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    Yes this is what I was just told by my neurologist. He said TDIU is tricky because of if you want to go back to work they reevaluate all your ratings.
     
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  3. Jul 1, 2019 at 5:50 PM
    #83
    Boyk1182

    Boyk1182 Well-Known Member

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    Keep the 5-year rule in mind. After a rating has been in place for 5 years, the VA considers it “stabilized.” It is very difficult to reduce after that, they would have to show sustained improvement. If the rating is in place for less than 5 years, all it takes is 1 C&P and they will reduce you. This is the biggest thing that gets people in trouble (not you, I just noticed that you said 2017 and it reminded me of this).
     
  4. Jul 1, 2019 at 5:53 PM
    #84
    El Duderino

    El Duderino Obviously, you're not a golfer.

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    Yea sir. Been told about the five year rule. My rating was at 90% five years ago so I’m hoping I can make it to get it perma. That way I can get medical insurance for my kid and wife through champs program.
     
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  5. Jul 1, 2019 at 5:54 PM
    #85
    shane100700

    shane100700 Bed, Bath & Beyond Crawler

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    Just waiting one more year for that, then I can drop my SBP due to eligibility for DIC.

    It’s such a convoluted system, insanely so.
     
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  6. Jul 1, 2019 at 5:56 PM
    #86
    Boyk1182

    Boyk1182 Well-Known Member

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    I still have not found a reliable way to make a rating permanent. The best way is to get your code sheet and see if you have a future exam scheduled (probably a few years out). If so, get a letter now for that condition from a doctor explaining how it is permanent and not going to improve. Hold onto that letter and if you end up getting that future exam, submit the letter and a statement at that time explaining that this evidence should make you permanent. It’s ultimately up to the VA if they want to make it permanent at that point, but this will give you the best chance.
     
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  7. Jul 1, 2019 at 5:58 PM
    #87
    Boyk1182

    Boyk1182 Well-Known Member

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    You probably know this, but for DIC eligibility for your dependents you have to be permanent and total for at least 10 years, or die of a service connected condition.

    Edit: Not permanent and total, just total, so either through TDIU or a 100% schedular rating.
     
    Last edited: Jul 1, 2019
  8. Jul 1, 2019 at 5:59 PM
    #88
    El Duderino

    El Duderino Obviously, you're not a golfer.

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    Yea I got one for my migraines I’ll talk to my mental health doc about a letter. The migraines were no joke I dropped out of 2nd year in med school cause of them.
     
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  9. Jul 1, 2019 at 6:17 PM
    #89
    shane100700

    shane100700 Bed, Bath & Beyond Crawler

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    Unless I am reading this wrong, it should be 5 years.

    EAC5BBF5-BCB1-4CE2-B9DB-D81537173B27.jpg

    E9C3F51D-5BF8-4716-8B32-CC3B75E8FAB4.jpg
     
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  10. Jul 1, 2019 at 6:21 PM
    #90
    Boyk1182

    Boyk1182 Well-Known Member

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    I think that means if you were rated 100% at the time of your release from service, then it would be 5 years. That is not something I see very often. If you got your 100% rating after you got out, it’s definitely 10 years. I will try to look more into that.

    Did you have your 100% rating from the day after you were discharged from active duty?
     
  11. Jul 1, 2019 at 6:24 PM
    #91
    shane100700

    shane100700 Bed, Bath & Beyond Crawler

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    I was 100% from day 1, but was TDRL the first year.
     
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  12. Jul 1, 2019 at 6:26 PM
    #92
    shane100700

    shane100700 Bed, Bath & Beyond Crawler

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    I just hope the OP gets a supportive decision letter. Seen too many of my Soldiers and friends fight the system.
     
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  13. Jul 1, 2019 at 6:26 PM
    #93
    Boyk1182

    Boyk1182 Well-Known Member

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    Yea you’re good then. I haven’t seen many people who were 100% from the first day out of service. It usually takes a while. Most of the DIC cases I have seen were also Vietnam veterans, and they were almost never 100% immediately.
     
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  14. Jul 1, 2019 at 6:28 PM
    #94
    El Duderino

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    Took me 4 years from filing. Got out in 08, hated everything to do with the VA started filing in 2013 they gave me 30% and worked my way up from there thanks to my neurologist and the DAV
     
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  15. Jul 1, 2019 at 6:29 PM
    #95
    shane100700

    shane100700 Bed, Bath & Beyond Crawler

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    That sucks. Seems a lot of my friends (career guys, me included) end up 100% once you add in everything over the course of 20 years.

    Then again, there isn’t a lot of us either though.
     
  16. Jul 1, 2019 at 6:32 PM
    #96
    Boyk1182

    Boyk1182 Well-Known Member

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    I went from 40% in 2007 to 90%. I haven’t ever appealed, just filed a few claims over the years. I have no idea how to get to 100%, I haven’t even tried since the 90%.
     
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  17. Jul 1, 2019 at 6:34 PM
    #97
    Boyk1182

    Boyk1182 Well-Known Member

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    It’s easier for 20-year guys to get everything rated. You were probably 18 and in good health when you joined, so everything wrong with you happened in service. Just find it in your records and file.
     
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  18. Jul 1, 2019 at 6:38 PM
    #98
    shane100700

    shane100700 Bed, Bath & Beyond Crawler

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    After getting into it with my CSM and BN CDR for trying to treat the companies like shit all the time I ended up in an MEB. I was ready to leave at 19, with or without retirement. They also tried to actively undermine any of soldiers in the MEB process until I ended up in one too. HRC CSM even tried to get me to do one more year to hit 20 and be eligible for CDRP. Told him I was good and ready to move on.

    That was one thing about 25th, you’re in HI... it’s paradise so no big deal if we call guys in on the weekend or work late.

    It’s sad where the army went once deployments ceased. Of course that happens every time a war ends.

    Yeah, that was kinda what I was getting at.
     
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  19. Jul 1, 2019 at 6:41 PM
    #99
    Kwikvette

    Kwikvette [OP] Woke up and chose violence

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    Was hoping to keep this specific to TBI.

    Sucks to hear about some of you guys going through the ringer as well regardless.
     
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  20. Jul 1, 2019 at 6:44 PM
    #100
    shane100700

    shane100700 Bed, Bath & Beyond Crawler

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    Sorry OP. Every thread eventually devolves while waiting for more info. I am probably a major instigator this time.

    :anonymous:
     

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