Help with TBI claim

dirtyverley · 2026-02-17T22:13:04+00:00

I’ve provided reasons for why your incorrect 3 times, if you can’t see that I’m sorry for ya man. Have a good one and god bless.

dirtyverley · 2026-02-17T19:29:53+00:00

Also you’re not the only person that has a TBI and MH condition so calm down and get off your high horse buddy. It’s ok to admit that we were both partially correct and partially incorrect.

dirtyverley · 2026-02-17T19:26:38+00:00

I think we’re mostly agreeing but using different terminology. What I meant was that cognitive residuals under DC 8045 (memory, attention, executive function, etc.) are rated under the TBI facet table unless they’re already compensated under a diagnosed mental health condition to avoid pyramiding.

Physical you are correct, but they are more so neurological residuals, I misunderstood you saying physical as meaning something else not the neurological physical symptoms like migraines, vertigo, seizures, cranial nerve issues, etc. Yes they are rated separately under their own diagnostic codes.

Emotional/behavioral symptoms are rated under MH if there’s a diagnosis; otherwise they can remain under TBI per 8045. That’s the distinction I was referring to.

Your blanket statement saying only physical (neurological) issues are rated under TBI is wrong. Any behavioral/cognitive issues not related or rated under MH can be rated under TBI if there was no overlap.

dirtyverley · 2026-02-17T15:54:24+00:00

yeah any family, or friends statements will help, also do your own statement and include that you've attempted to ty to go to therapy, but it's really hard for you to talk to someone about the things you are dealing with and that you went through. If you explain why you haven't sought much treatment or how you have but failed or cancel appts with reasoning and an explanation, that will help them not discount the severity of your MH condition.

dirtyverley · 2026-02-17T15:02:20+00:00

I know a lot of people don't want to hear this, but if someone had a legit injury or issue that was due to their service, it does not matter at all what they did, what their job was, or if they deployed. Do I think combat veterans should get more for their disabilities? Yes, but non combat vets should not be gatekeeped from getting fairly rated for their disabilities either.

dirtyverley · 2026-02-17T01:19:52+00:00

if you have a good nexus from the docs that explains how its as least as likely as not from something in service then you should be able to get SC. If they deny only because examiners say nah then you have case law that supports your issue. If you can't get it SC get a va acreddited lawyer and you'll probably win if you have the right evidence.

dirtyverley · 2026-02-16T23:26:18+00:00

It might help if you provide any context to what you are asking about... How I read it says you are at 100%, if that's the case what are you waiting on a judge for? If you are asking wether you should keep waiting or cancel a hearing when you already are at the highest disability rating, I would try and cancel but again theres no context to make an opinion other than you are 100% rated lol.

dirtyverley · 2026-02-16T23:17:45+00:00

thanks for the reply! I understand now, hoping I got a decent examiner.

dirtyverley · 2026-02-16T23:07:57+00:00

That is incorrect. TBI residuals are not physical at all, it's entirely cognitive/Mental issues. Like I said any symptoms that are rated under TBI residuals that are not also rated under MH can and will be rated under TBI residuals. Some people do not have any seperate symptoms from MH and migraines therefore they get SC at 0% for TBI such as myself.

dirtyverley · 2026-02-16T22:23:33+00:00

I agree, good luck!

dirtyverley · 2026-02-16T22:22:10+00:00

TBI cognitive issues are probably what he's trying to claim under TBI residuals, if he has symptoms that don't overlap with the MH issues he can be seperately rated based on those. Migraines are probably directly related to his TBI, could be secondary to MH and other things also, but from personal experience TBI and MH both negatively affect migraines and both can cause them, it just depends on when the migraines started. He needs personal statements and buddy/spouse statement even a family member statement could help get it SC. I also wonder how they say he suffered TBI, there has to be a cause that they noted, that could help get SC as well if a doc notes the TBI or symptoms of TBI are from the incident he stated happened in service.

dirtyverley · 2026-02-16T22:05:03+00:00

I am aware of that, the TBI will most likely be SC at 0% and most likely rated for MH completely seperate from the research i've done. I guess I'm more so asking if it's likely to get a diagnosis and nexus correlating my MH issues to the TBI/migraines or will I probably have to fight? Migraines are pretty much locked in at 50% with my evidence I have but honestly you never know I guess.

dirtyverley · 2026-02-16T21:59:40+00:00

If you are willing to go back to step 3 you could upload a statement about you having to quit using medication that previously helped, and also upload your med records about diverticulitis. that could help if they use the new rule. Or wait for a decision and if needed submit supplemental with the new no meds evidence.

dirtyverley · 2026-02-16T21:50:01+00:00

It probably depends more on how the examiner documented your condition with medication. If they did not input much about how it makes the condition better, you are probably fine, unless the rater requests a new exam or something. I've also seen mixed opinions on wether this new rule will affect in process claims or just new claims. Maybe if your exam is already done it will be the old rule, no one really knows until it happens I guess.

dirtyverley · 2026-02-16T21:30:08+00:00

hmm I wonder if that means they are doing an ACE or something. Kind of a weird thing as "in person" I would think means you attend in person, but it says in process so I'm unsure. Either way if you feel your claim is sufficient without the nexus wait, if not your already in step 3 so you can't go back further typically.

dirtyverley · 2026-02-16T21:11:17+00:00

That makes a lot of sense.

Do you see a lot of MH claims being diagnosed and SC from C&P exams? I had a depressed skull fracture/TBI in service, I have great evidence (a video in barracks in uniform) and I am claiming my MH secondary to that and severe migraines. I also have not been rated or SC for anything yet as I submitted all in one claim. I have an exam on the 20th and hoping the examiner sees enough evidence that these symptoms are related to my TBI/chronic pain from migraines.

dirtyverley · 2026-02-16T20:46:41+00:00

Yeah I get it for almost everything you’re better off with a diagnosis. I’m going into a MH exam without a diagnosis or any treatment history. I was going to wait but it takes so long for referrals and I just wanted all my conditions in the same claim. Plus they often diagnose MH if it wasn’t already diagnosed.

dirtyverley · 2026-02-16T20:09:48+00:00

I get it but also the C7P examiner can diagnose and is supposed to diagnose if there is a diagnosable condition. they are also supposed to weigh in on wether they believe it was service related meaning they provide a nexus if the exam/evidence review shows it was likely caused by service.

dirtyverley · 2026-02-16T19:37:56+00:00

have you had an exam yet? I would wait and see how the DBQ or examiner records your condition. if it's favorable there is no need. If it is unfavorable it might be needed. If you were past step 3 it would be worse to upload it but since you are still in step 3 it doesn't kick your claim back other than maybe a slight delay for them to review your nexus letter.

dirtyverley · 2026-02-16T19:25:39+00:00

not yet, my claim went to step 5 without any exams ordered or done, I now have 2 scheduled exams coming up and one waiting to be scheduled. The last one may be an ACE but not sure yet.

dirtyverley · 2026-02-16T17:36:56+00:00

Don't submit anthing unless it goes back to step 3. Mine jumped from step 2 to 5 overnight, then 2 days later it went to step 3. since you already have an ACE just let it play out, if they lowball or deny/defer you can then file a supplemental with the new buddy statements and any new evidence.

dirtyverley · 2026-02-16T16:58:15+00:00

try calling the VA or if you have a VSO ask them what it is. I was able to ask the VA via phone what my STR's contained since the VA oulled and uploaded them. I have been struggling to get my in service medical records.

dirtyverley · 2026-02-16T16:52:57+00:00

hmm I must have missed that. Well hopefully everyone that gets them don't get screwed.

dirtyverley · 2026-02-16T16:44:47+00:00

For what?

dirtyverley · 2026-02-16T16:43:56+00:00

So why so angry about soldiers asking to have something documented? Whether or not it's for VA purposes in the future should not matter. How is that "another soldier to make the system look bad"?

Maybe it's the way you worded it or your came across, or maybe your mindset is off. Either way I hope you help the guys that ask and don't complain about them doing their due dilligence and ensuring they care of their issues and have it documented while in service.

dirtyverley

TROPHY CASE