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hadit.com Veterans Forum > By VA Disability Condition > TBI Traumatic Brain Injury
kansasguy
I had a C&P exam for TBI the doctor listed my condition at least likly as not related to TBI. Is that what I needed the doctor to say?
Berta
He or she meant the residuals of TBI are at least as likely as not related to the TBI.

Do you have a strong nexus (link) of the TBI due to your service?

Is the event that caused the TBI documented in your SMRs or service records and also on your discharge certificate?

Such as concussion from IED of (date)

Did the doctor make any statement at all that the TBI was directly related to your service?

I see you get 20% now- what is the 20% for?
timetowinarace
Yes, the doctor needed to say at least as likely as not.

I'm assuming you must have something in you records that show a possible head injury, as Berta asked. The VARO doesn't like to schedual C&P's unless there is already something in your records.
kansasguy
I fell 8 feet head first and split my head open. I was takeing to the ER and they stitched it up. After my discharge I got in trouble after trouble and the VA shrink told me I have TBI from the fall. I am 20% for sinus issues and I scar from when i fell. I got copy of nero phyc test. That doctor said I appear to have LD ADD and not the result that be consitant with TBI. My c&p doctor said that it is at least likly as not resudues from TBI. My shrink put in her report she can't say if my behavioral change is from TBI from the fall or PTSD from a assult I had in service. I called the 800 number and they said that my claim is for TBI secondnary depresion and ptsd. But I did file for ptsd when I did my new claim so not sure y they added that on this claim.
Berta
They should rate the PTSD separately from the TBI residuals.

The blank TBI C & P should be here at hadit-

Lots to it
kansasguy
The ptsd from the assult keep getting denied because the army destroyed the unit records and also the Mp's. So I cant verify the stressor for the ptsd. I found my old drill sgt and she wont write a letter about what happened. She said she would but than backed out. The c&p doctor put that my fatgue, servere depression, headaches are at least likely as not from TBI. But he told me during the exam ptsd and tbi show alot of the same symptoms. but never stated that in the c&p report. Also since I am on meds for depression and ptsd will that mess my nerophyc test off? should I request a test and stop takeing the meds for awhile if they will mess with the results? Also I was hung over really back the day of the test and its noted in the test will that mess up a test? I just can't figure out how they are saying its just LD when I had to other doctors looking at the same info and comming up with either TBI or PTSD.
timetowinarace

Yes, TBI and PTSD have the same symptoms. It is very difficult to seperate the two. But it sounds like the C&P doc service connected the TBI. You may have a problem with your treating doc saying ADD. It sounds to me that you probably need a new treating doc. TBI is consistant with attention problems and getting into trouble after an injury. I would tend to think ADD would have had you getting into trouble before the injury also. The ADD may be the barrier to SC.

I wouldn't worry about the PTSD at this point from a rating perspective. If you are SC for the tbi your depression will be rated seperatly. The depression and PTSD would recieve one rating, it should be the same rating whether PTSD is part of it or not. In other words, if SC for tbi you will get one rating for mental health even if there are two issues. So if PTSD is not SC, the rating for depression should be the same.

Okay, I re-read your post. The neuro-psych that did the test thought ADD? Your treating psych and C&P doc say TBI? I think you'll be Okay. It's possible the rater will deny TBI the first time around but you will win the end.
kansasguy
Thanks for your advise. I appreciate it very much. I also have a letter form my school physolagist saying that I did have LD in school but did not have ADD and my main problem for LD was reading and math. And that I did not get in trouble and was very polite to the staff and teachers. He was the phyc. from my 5th to 12th grade year. ALsohe stated that I had very good grades why in high school I had mostly A's and B's which he stated would be unlikely if I had ADD that my grades be that good.
kansasguy
Arg!!! Ok just got a letter from the VA saying they we recieved my request for bennefits. So I called and ask what claim it was. The guy was like well they are reviewing your currents service connection since I have filed TBI PTSD and depression. Since I filed those they are now reviewing my sevice connected I am now being comp. He said they probably looking at lowering it or stop the bennefits. Anyone else have this happened before?
timetowinarace
Well, for one, don't trust what they tell you on the phone.

It's not uncommon for them to review already SC conditions when doing new claims. One thing they have to do is make sure they don't pyrimid ratings. In other words they don't want overlapping symptoms to get two ratings.

I wouldn't worry too much about it. They will send written notification for a proposal to reduce before actually reducing the rating. You will have time to fight it then. Meanwhile, don't sweat it. The guy on the phone is just guessing.
kansasguy
What is secondary rater? I called and the guy said my claim was with secondary rate and decition will be mailed out. He told me not send anymore evidence in and hold on to it.
timetowinarace
I can't be sure what he means by secondary rater.

I would tend to think that this is good news though, at least partly. It sounds like your claim has been rated(granted) and is waiting a 'second signature'.

This is just a guess though. Useing third hand information(the guy on the phone is getting info from computer and your getting info from him) my guess may not be very good.

I would give it some time.

Good luck.
kansasguy
Thanks for you input. I will let you all know what happens.

kansasguy
Good sign? I called to check on my claim. They said its still at the rateing board and its been there since Nov. 12th. My friend filed a claim about the same time had his C&P exam a week before mine and he go his rateing like 3 weeks after the C&P exam. Its been 2 months since my C&P exam. How long are claims usually in rateing stage?
allan
>How long are claims usually in rateing stage?

Three to six months would be my guess.
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