My husband got out of the military in 05. He spent 12 years active duty with a total of 21 eyars with his reserve and guard time. he spen over a year in Iraq in from Feb. 04 to March. 05.

He initially received a rating for a knee injury he recived from and explosion in Iraq but several months later after passing out (I thought he had a stroke!)at our dinner table and being hospitalized for over a week, and numerours testing he was diagnosed with "neurocardiosyncope". Told him nothing he can really do just make sure he eats 3 meals a day , drinks a lot of gatorade, avoid stress, caffeine, and plenty of rest. Then to make a long story short we ended up at the Va and not sure how it happened but he was finally diagnosed with " mild traumatic brain injury". this was kind of a releif because we now had and answer. They did a tilt test there, and sent him to speech class to help with the memory loss.

From my prospective I had noticed a change in him since the day he returned from Iraq...I chalked it up to the war and things he had seen and done...never sleeps, when he does its on the coach because any moves in the bed wake him up, personality change, irritability, forgetfullness, changes in taste, wanting to stay alone or just with me and the kids (antisocial behavior) little subtle things that I knew were different but never occured to me what or that it was a brain injury.

Fast forwarded he received rating for 10 % for the brain injury. So total he gets 10% knee, 10% tintinus, 50% PSD, 10% Mild Tramatic Brain injury.we have put in claims for different things that came up but were denied. Chronic back pain, tried to increase the knee because of the chronic pain but they say it's nothing and he has full range of motion so no increase. Vision problem, he had 20/20 vision his whole life with no problems and now needs glasses which they say is probly from sun exposure (focusing problem and light sensitivity). I have just stumbled across this site and read with interest the new changes with the brain injury. he was rated for the TBI in September of 2008 and when we received that rating I thought it was crazy. He has a combined rating of I think 60 or 70 percent (we get like 1200 per month with 3 kids under 18). Recently we received a letter saying they were decreasing his compensation to 900 because at his last compensation visit they felt he was "improving" (PTSD) which I thought crazy because he's on meds! that's why he seems better! so i talked to a VA guy and he said to send in a letter to say we were appealing it which I got a reply last week that said because it was only a "proposal" they were not accepting it and that now since we hadn't sent in evidence to contradict these claims it was now official and if we wanted to appeal it we coud. I'm so frustrated! I don't feel that we can find any help to wade through these VA paperwork. I really feel like he should be getting more compensation but not sure how to go about it.

We did talk to a VA guy a month ago who felt he should be getting 100% and pushed him to try, and told us the form to submit but yet i'm at a loss what else to do. I feel that there should be someone to help him wade through his medical papers and find out what he needs to send in and what claims he needs to file. So far we have submitted individual claims in the past for the passing out, back pain, vision problems but all got denie....but I kind of feel that maybe it should be compiled because basically I think it all goes back to the brain injury. He passes out for no apparent reason, we never know when it is coming on but i can usually trace it back to heat, stress, pain, didn't eat that day. he passes out and then when he comes around the first time he thinks he is back in Iraq, and needs a medic, he says he has sand in his mouth and needs a drink...then he starts to cry and without going into detail goes through a lot of guilt ...eventually he will pass out again and the 2nd time he comes around he's back in the real world....i worry he will do this driving or somewhere that he will get hurt so I have always felt he should be getting more compensation but just am at a loss on how or what do do to obtain it. He does not do good with people and public situations, to much anxiety and gets very agitated very quickly but the main fear for me is the passing out. I know this is getting very long and there is so much more I would love some input on but don't want to bore everyone but plese could someone give us some advice on what do and how to go about it. Thank you for listening.

ssg_rw_brown ..his wife did not get a response from hadit. we can do better, people:

http://www.hadit.com/forums/index.php?show...mp;#entry159863


" Aug 11 2009, 11:46 PM
Post #1


Recruit


Group: New User Review
Posts: 2
Joined: 11-August 09
Member No.: 6,430
Service Connected Disability: 60
Branch of Service: USA



My husband got out of the military in 05. He spent 12 years active duty with a total of 21 eyars with his reserve and guard time. he spen over a year in Iraq in from Feb. 04 to March. 05.

He initially received a rating for a knee injury he recived from and explosion in Iraq but several months later after passing out (I thought he had a stroke!)at our dinner table and being hospitalized for over a week, and numerours testing he was diagnosed with "neurocardiosyncope". Told him nothing he can really do just make sure he eats 3 meals a day , drinks a lot of gatorade, avoid stress, caffeine, and plenty of rest. Then to make a long story short we ended up at the Va and not sure how it happened but he was finally diagnosed with " mild traumatic brain injury". this was kind of a releif because we now had and answer. They did a tilt test there, and sent him to speech class to help with the memory loss.

From my prospective I had noticed a change in him since the day he returned from Iraq...I chalked it up to the war and things he had seen and done...never sleeps, when he does its on the coach because any moves in the bed wake him up, personality change, irritability, forgetfullness, changes in taste, wanting to stay alone or just with me and the kids (antisocial behavior) little subtle things that I knew were different but never occured to me what or that it was a brain injury.

Fast forwarded he received rating for 10 % for the brain injury. So total he gets 10% knee, 10% tintinus, 50% PSD, 10% Mild Tramatic Brain injury.we have put in claims for different things that came up but were denied. Chronic back pain, tried to increase the knee because of the chronic pain but they say it's nothing and he has full range of motion so no increase. Vision problem, he had 20/20 vision his whole life with no problems and now needs glasses which they say is probly from sun exposure (focusing problem and light sensitivity). I have just stumbled across this site and read with interest the new changes with the brain injury. he was rated for the TBI in September of 2008 and when we received that rating I thought it was crazy. He has a combined rating of I think 60 or 70 percent (we get like 1200 per month with 3 kids under 18). Recently we received a letter saying they were decreasing his compensation to 900 because at his last compensation visit they felt he was "improving" (PTSD) which I thought crazy because he's on meds! that's why he seems better! so i talked to a VA guy and he said to send in a letter to say we were appealing it which I got a reply last week that said because it was only a "proposal" they were not accepting it and that now since we hadn't sent in evidence to contradict these claims it was now official and if we wanted to appeal it we coud. I'm so frustrated! I don't feel that we can find any help to wade through these VA paperwork. I really feel like he should be getting more compensation but not sure how to go about it.

We did talk to a VA guy a month ago who felt he should be getting 100% and pushed him to try, and told us the form to submit but yet i'm at a loss what else to do. I feel that there should be someone to help him wade through his medical papers and find out what he needs to send in and what claims he needs to file. So far we have submitted individual claims in the past for the passing out, back pain, vision problems but all got denie....but I kind of feel that maybe it should be compiled because basically I think it all goes back to the brain injury. He passes out for no apparent reason, we never know when it is coming on but i can usually trace it back to heat, stress, pain, didn't eat that day. he passes out and then when he comes around the first time he thinks he is back in Iraq, and needs a medic, he says he has sand in his mouth and needs a drink...then he starts to cry and without going into detail goes through a lot of guilt ...eventually he will pass out again and the 2nd time he comes around he's back in the real world....i worry he will do this driving or somewhere that he will get hurt so I have always felt he should be getting more compensation but just am at a loss on how or what do do to obtain it. He does not do good with people and public situations, to much anxiety and gets very agitated very quickly but the main fear for me is the passing out. I know this is getting very long and there is so much more I would love some input on but don't want to bore everyone but plese could someone give us some advice on what do and how to go about it. Thank you for listening."



my conversation TODAY with ssgt brown's wife, a day before a C &P EXAM!!!

ssg_rw_brown
Re:your tbi post on hadit dot com, Today, 08:22 PM


Recruit


Group: New User Review
Posts: 2
Member No.: 6,430
Joined: 11-August 09



No, no one has responded privately or other as you can see. I was rather disapoointed because of looking at the board it appeard to be very helpful and responses pretty quick. I thought maybe i had done some improper board etiquette or something. We go tomorrow for the C&P screening again. He talked to his Psych last week and she was furious and sent in a request to have it redone. She said she hated to say it but they are after a number and that is it. I hae written a rather lenghty long letter describing his sympstoms and not srue that is helpful or not but thougth it wouldn't hurt. They never allow me to go in with him but I am going with him and goign to try again to go with so he tells them everything! He does't want to sound like a whiner but I told him he HAS to tell them or they will not know. Thank you for check on this though andy help would be greatly appreciately. And if I did something wrong I apologize.

QUOTE
i saw your post and that no one replied within the post. did anybody send you a private message? usually they start telling you how he possibly should go for tdiu, total disability individual unemployability, IF he doesn't/cant work.

just didn't want him to "slip through the cracks". i'm not a moderator at hadit, just a contributing member/poster like most.

It was posted inthe wrong forum as it shoud have been posted inthe claims forum.
It does include a TBI but it is a claim.
The TBI forum is an information forum that deals spacifically with TBI issues. All claim s should be posted into the later forum.

J

Out here, I sent the Folks a PM.

Thanks for bringing this one to our attention.

J

I real think you need to contact a VFW or DAV representative to help you. You must remember when ever there is a change in your husband condition the VA will most likely lower It. Until he becomes total and permanently disable or he have been rated for the same condition for a long time than he won’t have to deal with CP exams; however, this subject I am not really familiar with and hopefully someone else on this forum can explain this better than I can . In addition, I would get a second opinion for your husband’s knees and back condition either a VA doctor or an outsider ortho physician. Finally, hang in there the VA is a pain the in the A??.
Roy

true, jbasser, and if you don't look in the "off-forums" these sometimes confused newbies (i still am one at time) get lost. just got alarmed that the vet didn't get an answer in a timely manner.

Thank you for the response. I did talk to a rep here locally and he recommended we request 100%. He told him the forms to fill out and to request a "one on one" (this is coming second hand from my husband) but that is bascially it. We go in the morning for his C & P on his knee and TBI. I have been reading that we should probably ask to be rated under this new rating code but not sure if we should or not.

With the issues mentioned this appears to be a complicated claim. One that will be hard to wade through via the internet. The OP really needs someone in their local area who can sit down and wade through the VA replies and the veterans SMR's. If they do not know anyone personally then they are going to have to depend on a SO from DAV, VFW etc.......

The most important thing at this point is to APPEAL THE ATTEMPT TO REDUCE immediately. This will hold off the VA for a bit until the vet can find someone to assist with the issue. Once this is done then maybe Hadit can assist.

I think you definitely need to sit down with someone (with VA claim's knowledge) to review what you have/have not done, and just where the case is(?)whats pending? Some states have County Veterans Service Officers (some good and some not.). Also, usually located at your VA Medical Center or VA Regional Office are veterans service officers employed by the DAV, AMVETS, VFW, American Legion and other veterans service organizations. Some of these service officers can be very helpful and(sorry) some are worthless. In addition, there are Attorneys who will represent/assist you with any appeals with the Board Of Veterans Appeals. Try to find at least one of the above that takes interest in assisting you with your claim. Don't go it alone. Also, you mentioned "We did talk to a VA guy a month ago...". Did this "VA guy" actually work for the VA or did he work for one of the service organizations above?? In closing, if you get no where with any of the above---may be get back on here with your most recent VA letter and try to explain or post as close as possible just what the VA is asking for or saying. *Be careful of any time periods to reply to VA correspondence to you. Did you (or VA guy) submit a request to the VARO requesting 100%TDIU, because of TBI-traumatic brain injury? Have you filed or did "VA guy" file a NOD-Notice of Disagreement with any or all of the percentages already awarded? **Please understand the volunteer people here on Hadit want to help.

Have you appealed the denied claimed issues & kept them going?

An attorney may be able to resolve it quicker than an NSO. Have you contacted any Veterans attorneys?
This link may help you. http://www.vetadvocates.com/

Did they do a neurophsychological examination on him?

Have you applied for Social Security Disability for him? Or Veterans Pension?

Here's a link to Pension benefits information. http://www.vba.va.gov/VBA/benefits/factshe...ive_pension.doc

Form for Pension
Veteran's Application for Compensation and/or Pension (Fillable)
http://www.vba.va.gov/pubs/forms/VBA-21-526-ARE.pdf

Here are the requirements for Unemployablity.
http://www.vba.va.gov/VBA/benefits/factshe...onnected/iu.doc

I agree with Allan-he should apply for SSA and the "VA guy" is right- the TDIU form is at the VA web site under Comp Pension Icon and forms-
21-8940.

TBI is rated as to residuals-it seems to me that 10% is way too low.

"We did talk to a VA guy a month ago who felt he should be getting 100% and pushed him to try, and told us the form to submit but yet i'm at a loss what else to do. I feel that there should be someone to help him wade through his medical papers and find out what he needs to send in and what claims he needs to file. So far we have submitted individual claims in the past for the passing out, back pain, vision problems but all got denie....but I kind of feel that maybe it should be compiled because basically I think it all goes back to the brain injury. He passes out for no apparent reason, we never know when it is coming on "

I agree that these seem to all be related to the TBI yet the TBI appears to have been diagnosed after these claims were denied.

Did he file NOD on the denials?

The TDIU claim is the way to straighten all this out-

you need his complete SMRs, and all medical records-and you can build on the SC TBI with any other residuals-

"Recently we received a letter saying they were decreasing his compensation to 900 because at his last compensation visit they felt he was "improving" (PTSD) which I thought crazy because he's on meds! that's why he seems better! so i talked to a VA guy and he said to send in a letter to say we were appealing it which I got a reply last week that said because it was only a "proposal" they were not accepting it and that now since we hadn't sent in evidence to contradict these claims it was now official and if we wanted to appeal it we coud. I'm so frustrated! I don't feel that we can find any help to wade through these VA paperwork. I really feel like he should be getting more compensation but not sure how to go about it"



Do you mean the proposed reduction was NOT challenged in time?

Have you contacted NVLSP
as to their pro bono Lawyers for Warriors program?
http://www.nvlsp.org/Information/LSW/index.htm

I know you feel overwhelmed but there are things here that have to be done and your husband cannot do them.He deals with way too much.

I strongly suggest you contact NVLSP but whether they can help or not-
you need to have all of his medical records and be able to build a case as to his residuals from the TBI-

There is considerable info on the net for TBI.And also here at hadit under a search.TBIs cause personality changes, physical problems, visual problems etc-the list is endless-
did he had an MRI of brain to assess where the TBI damage occurred?

Can you possibly affrord an independent medical opinion that could show with medical rationale that his PTSD and TBI residuals render him unable to work?

I suggest you get a bunch of manila folders to help you sort through and label his medical records, and all VA correspondence.

VSOs and vet reps are not going to take the time you can take to fully understand what all of his records reveal.
An IMO doc (whose fee might be high) would do that but it is best to understand how to shape the request for an IMO and see what these records reveal. The MRI could be critical as it should show any area(s) of brain trauma-there could be more than one area of brain here affected based on his symptoms.

Please refer to my topic here called "Getting an IMO"

but before you do anything please contact NVLSP-tell them he is OIF OEF vet-

Please feel free to email them copy of my reply here - and my name Berta Simmons if they need it.

What is his PTSD rating?

Did he start passing out before or after they gave him meds?

You need to determine the side affects of the meds he is on and this can be referred to under Remarks (#25) on the TDIU form- state you are attaching additional evidence and tell them anything such as side affects of Do not take and drive, can cause confusion, drowsiness or sleeplessness-etc and any other information they should consider as to the TDIU claim.

If a doctor can associate his neurocardiosyncope with his TBI-this would certainly help get him TDIU-

I have searched the net for an association but have not found one yet-the MRI narrative which should be in his medical records- could reveal a possible association .

There are forums on the net that discuss this condition.

Did the VA provide him with compression stockings that can often alleviate the faining symptoms of this disorder?

Mrs Brown:

Welcome to Hadit. And thanks for sticking with your Veteran. You have gotten some great advice I concur.

Good Luck


Many here with 100% have the same type of symptoms that your husband does.

Mrs Brown

Do as Berta suggests. However, if you can't get a lawyer pro bono you can probably get one who will reprsent your husband for retro money. He needs it. You can work with the lawyer and do some of the spade work. He can't help himself so you have to be his advocate. Any time the VA makes a decision that negatively affects your husband's compensation you should appeal it. Put the appeal paperwork in their hand and get a copy. There are deadlines for appeals usually one year.

Thank you all for your much needed advice. We went to the C & P today one was for TBI and the other for his knee. I was rather disappointed with the TBI doctor he seemed to ask a lot of questions and write a lot of stuff down but at the end he said I don't see and increase in your symptoms and he discounted a lot of the symptoms and said he felt they were associated with the PTSD and not the TBI and that he definately had PTSD bad (this is the same doctor who helped reduce his PTSD because he said he seemed to be doing better). The memory loss, the change in his taste (he said was just a change in his appetite not anything to be associated with the TBI, even though this is a symptom), sleep disturbances, ect, everything I was armed with and told him about he felt were all the PTSD and nothing to do with the TBI!

Someone asked if we have had a neuro work up and I don't think so. The TBI doctor mentioned it last time he saw her. She said last time he was so ademate about workign that she didn't push it but now that he seems to be doing worse she felt they could move forward with it. And he was determined to work but now he knows that he just can't take the stress and dealing with people and the memory issues it just realy limits his ability to be employed. So I will look at the websites suggested and tomorrow I will try to scan and upload any documents we have from the VA to see if I can get some feedback on those. We have limited internet at home and if I try to upload anything we end up using all our internet for the month so I will do it from work tomorrow.

I am trying to stick in there because I know it is up to me to get this going but it's hard when you have 3 kids, a full time job and a depressed husband. Trying to balance all that but this forum gives me encouragement that I am not in this alone. Thank you again...

Wife of SSG_RW_Brown

To answer our questions:

His rating is now 30 it was 50 but they decreased it last month.

He didn't take medicine until after her starting passing out.

I was asked by someone to post the letters I have received from the VA these are all the letters I have received since my original claim in 2005. Which I don't know what I'm doing (his wife) and he went to all the meetings when he was outprocessing from the miltiary so I'm going on what he does or doesn't tell me on how to do things. Thank you for any advice or comments they are all appreciated.

Nov 28 2005
July 11 2007
April 23 2007
Oct 24 2007
Sept 10 2008
June 16 2008
May 22 2009
Aug 13 2009
Misc VA doc


Wife of

SSG_RW_Brown

Hi Mrs. Brown,
I'm sorry you and your family are going through rough times. I pray things will get better for you and yours real soon.

I also want you to know your husband's Social Security number was left on the May 22, 2009 document. I wish I could tell you how to fix it but I can't. Maybe, one of the moderators can help. Take Care!

People post responses on a voluntary basis which sometimes may not be timely.
carlie

ssg,
If you have not done so you might want to send the VA a letter requesting
a hearing and they not reduce PTSD from 50% to 30% without you first having the hearing to defend your position that you continue to fall into the 50% rating criteria.
carlie

SSG Brown and wife,

I'm kind of new to Hadit myself, but it looks like you're already getting some good advice. The only suggestion I have (and you may already be doing this) is to document everything! Keep a journal of conversations with you VSO rep, the VA,and anyone connected with treatment etc. This type organization will help you stay focused and may take some of the stress down from the mound of paper work involved with a VA claim. Definitely a record of dates and time of "passing out episodes" and how long it took each time to get over the episode could prove helpful eventually.

Mrs. Brown, I think it's a blessing for your husband to have you to jump in and seek the help he needs in getting his due benefits. Not all spouses are as willing as you seem to be to get in the fight. I commend you for your diligence and will pray the things will start to come together for you and your husband.

Don't give up!

Blackbird

It appears from the date of the letter that they time period for you to request a hearing to stop the reduction has passed. You still need to file a NOD if you have not do so at this time.

I am sorry that if you missed the date for requesting a hearing. If is much harder to get something reestablished than it is to have it continued.

Your nod will have to focus/argue against the reasons they gave for the reduction and you will have to have medical evidence to back your arguments.

I certainly responded to this post days ago-in a lengthy reply that I felt was very helpful - regarding this vet's numerous residuals and his obvious 100% disabling situation.

and wondered why there had been no reply to the board since then-

I will try to find the post I made-

I looked for the original post and apparently it was moved and maybe the reply was lost somehow.

http://www.hadit.com/forums/index.php?showtopic=30079

Here it is.

I am just a little bit confused about the complaint that there was no response. Perhaps its more of a case of not knowing how to get around on Hadit Web Board?

Thanks Berta you are a Champ!!!!

Hopefully I have merged these two topics together properly.
carlie

Yes I did get a reply to it and I do thank you for it. I actually printed out all the replys so Ic ould go over it more throughly and make note of the action I took.

Thank you so much! I have redone it and rmoved the link to just that one...the new link is


May 22 2009

Hi, I hope I can help. I'm rated 100% P%T for tbi and it was a difficult task to do.

The number one thing I harp on for TBI diagnoses/claims is neuro-psych testing. There are several reasons I believe this is the most important detail for the veteran, the family, proper health care, and the claims proccess. The first reason is for the veteran. I was aware I had memory problems and mentioned them to doctors and such. I was given the standard responce that this was a common depression, anxiaty and even PTSD problem. Untill testing, I had no idea of the true extent of my cognative problems, nor did anyone around me, including those evaluating me. The results of the testing has done more for me in explaining the problems I have than anything else before and since. For family members, it helps them 'see' an injury that can't be seen, we brain injured people look quite normal. For treatment and the claims proccess the testing is very important. In my case, untill testing, my subjective complaints of memory problems were assotiated with my depression and anxiaty and at one time I was also diagnosed with PTSD. I have all the symptoms of PTSD but no stressor-no stressor no PTSD. After I was tested everything turned around. Now my depresion and anxiaty is diagnosed as being organic(brain damage) caused by the tbi with my cognative problems a direct result of tbi. All that said, under the rating guidelines for tbi a person can only be rated a low percentage for subjective(self reported) complaints on memory and attention but can be rated higher, up to 100%, for memory and attention problems if it is seen on objective tests(neuro-psychological). So it is very hard to justify not having the tests done. To me it's a simple decision. The highest possible rating for cognative problems(memory, attention ect.) is 40% I believe(could even be lower) without objective testing under DC8045. The highest possible rating with objective testing is 100%.

Sorry for the long rant. In my years on this board, my advice for neuro-psych testing is often ignored for some reason I don't understand. I seem to be the only one that recomends it, but anyone pursueing a tbi rating must have it or be limited to a low rating.

My brain is swimming today, but I thought I would address what I think is the most important aspect. I'll come back later and see if I can address other issues.

the following post from me is about the "timeliness" aspect of responding to ssg_rw_brown's post, not the details of helping this deserving veteran and his wife who is trying to stand by her husband. she is NOW getting excellent advice, per usual from hadit, and i am ecstatic to see that...


berta, carlie and all, my point was that i just happened to run across ssg_rw_brown's initial post FROM August 11 NOT UNTIL Aug 27. only THAT post was sitting in the thread. i don't usually use the "new posts" function on hadit, i open the forums i am interested in, ones i might follow regularly or if i see an interesting new one noted in the right column.

in the case of ssg_rw_brown (which his wife started on his behalf) i copied and pasted it into a new post and someone from hadit may have restarted it, jbasser or sixthcents, i believe.

yes, berta responded quickly to a "bumped" posting of sgt rw's post days ago, Aug 27, five days ago, but that was STILL 16 days after this vet's angel of a wife posted. she could have given up and came to any number of conclusions.

i personally have seen hadit members, many of you who have chimed in on her post since since Aug 27, jump all over posts and given golden information. it just didn't happen this time.

my ultimate objective is really not to finger-point that any of us volunteers, including elders, are not doing all we can, but to suggest that, in this age of technology, that posts from anyone --newbies to those of us who have been around for a while-- do not just fade away to bottom of the forum lists, as they chronologically do.

i'm not that much of a techie, but --hypothetically-- is it fathomable that all new threads could have a red flag or some other icon in a common folder visable to the elders, an appointed techie, or god bless her tbird, that when at least EVEN ONE reply is logged, that red flag goes away. if the thread gets one or a zillion responses so be it. at least it might eliminate the possibility that a newcomer joins hadit, gets not even one answer, then goes somewhere else or even worse --nowhere else-- seeking studied advice to take on the VA by themselves.

jmho

out

jbasser previously explained how this post got "buried". butting out now

How would one go about getting this testing done? Preferrably by the VA but if I need to I guess thorugh and independent doctor?

Any testing at a VA starts out as a consult from your primary Doc, Ask your primary Doc to order the tests

I sure apologise for my complaint -I had NO IDEA the original post was here that long without a reply-

You are right-outhere 04- a vet or spouse or survivor of vet could get very discouraged if days passed with no acknowledgement of their post.

And you also have a great idea as to somehow flagging posts that need a reply-

I try to get to the topics under claims research forum everyday- but sometimes just cant do that-
and sure dont have time to read every post even in the Claims forum-

I truly apologise to you and to this spouse because so much time DID pass before she got a reply.

TY, he has only saw his primary once and she was rude and told him it was his own fault for hurting his knee and hasn't went back. Because he chose to beat his knee out of the Upper ARmored Jeep that ran over the IED. He was under fire from insurgents and vs. staying put he chose to beat his knee out of the console because it was stuck and return fire along with his men. That's why I am now goign to all appt. with him because I told him she would have not gotten away with talking to him like that. He said she was a young prior medic but that is no excuse.

He sees our doctor locally if he needs and see the Psych at the VA and the Speech Doctor who works with him on his memory loss issues. She is the once who suggested the Neuro work up too so didn't know if she would follow through on it or we needed to do it.

You can report the provider to the VA. This usually gets their attention real fast.

Stephen

ssg,
There is another way to get him re-evaluated for a higher rating
for his TBI since he is only at 10% SC'd for it.
Prior to Oct 2008 the max for trauma to brain (itself) was limited to 10 %.

The criteria for TBI was changed Oct 2008 much more to the benefit of the veteran.
With him having so much cognitive disfunction, speech therapy etc...
I would request he be re-evaluated under the new criteria and you can request
the re-evaluation on a 21-4138:

http://www.vba.va.gov/pubs/forms/VBA-21-4138-ARE.pdf


The post Oct 2008 - new rating criteria is:


8045 Residuals of traumatic brain injury (TBI):

http://ecfr.gpoaccess.gov/cgi/t/text/text-....67&idno=38

Here's a link to a TBI re-evaluation letter I received from VA.
You have to play with it a bit to try and read it as it posted really big.
Just use your up - down and left - right arrow keys to read it.


http://www.hadit.com/forums/index.php?act=...ost&id=2628

Hope this helps a vet.
carlie

TY we had a C & P for the TBI on last Friday. The doctor was not very optimistic for a higher rating. He said he beleive everything pertained to the PTSD and nothing I site was pertaining to the TBI. Now mind you that this is the same doctor who decreased his PTSD. And he said oh he has PTSD bad. I did ask if he would be rated under the new criteria as he was rated in September prior to the October change and he said yes.

I had him call his speech doctor and ask if she was putting in for the neuro , she said she had not but would do that at his request. So we just wait for the appt. time now to arrive int he mail. I am thinking I should send int he form request they wait for additioanl informaiton to decide his case. Any thoughts? until the neuro exam is done at least.

I personaly would request they wait for the additional information. From how it sounds it went at the TBI C&P he will get lowballed on the rating. If the neuro-psych testing shows anything substantial, wich I feel that it will, you will want to request a new C&P. Also, at some point, you will want the speech theripist or other treating psychologist to report on his functional impairments based on the tests so you have more than a poor C&P exam for the rater to base a rating on. Even if the C&P was good, the rating is still restricted without the tests.

One of the other issues I couldn't bring up yesterday(I was having a bad 'head' day) is the headaches. I see that his claim for headaches was denied but I feel he should be able to get SC for them as a residual of the TBI. DC8045 states in part that residuals of headaches(migraines is a better word) should be rated seperatly under the DC for migraines. I reccomend he see a neurologist for diagnoses and treatment for the headaches. Mine are diagnosed as post traumatic migraines. Migraines can be rated up to 50%. I don't have a rating for them but I was rated under the old law and don't see a good reason to be re-evaluated. This is another reason to delay a decision. A diagnoses for headaches DUE TO trauma.

I probably have more to say, but I'm having a hard time keeping up with this thread it's moving so fast.

One thing is, thanks for taking care of your veteran.

There is a topic in this TBI forum titled TBI Survival Guide. It has a link to a free book that may give you better insight into what can go on with TBI. I have found it usefull.

Well we got the appt. for the Neuro it's not until November 23rd.

ssg,
I would let the VA know in writing that you would like the record left open at least until the receipt
of the results of this Neuro appointment. I think this can be done to preclude a decision being made without this being evidence of record.

I maybe full of it and someone will chime in if I am - but I feel confident this can be done.

jmho,
carlie

You'll have time to do some 'homework'.

The new rating is found here:

http://ecfr.gpoaccess.gov/cgi/t/text/text-....67&idno=38

Go down to 8045. Read the whole thing down to 8046, skip 8046 and scroll down to "Evaluation of Cognitive Impairment and Other Residuals of TBI Not Otherwise Classified" for the rating criteria.

It can get confusing.