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Channel: effective date of TBI when secondary condition is awarded prior.
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effective date of TBI when secondary condition is awarded prior.

Hello! I am truly hoping someone can help me out with this issue or better understand what should happen according to law. I filed a claim for cervical spine and mental conditions in 1998 after being...

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Re: effective date of TBI when secondary condition is awarded prior.

When did you FIRST file for TBI?

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Re: effective date of TBI when secondary condition is awarded prior.

i applied in 2008 when Mri discovered the TBI. They went back to 2008, but tbi was the primary condition and the cervical spine is secondary but rated as primary. As if I simply suffered a neck...

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Re: effective date of TBI when secondary condition is awarded prior.

70% TBI 30% headaches 20% Degenerative Arthritis of Cervical Spine

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Re: effective date of TBI when secondary condition is awarded prior.

I am 80% Combined rating at this point.  

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Re: effective date of TBI when secondary condition is awarded prior.

My limited understanding is that the TBI establishes service connection for the residual conditions. The rating is for the residuals. Residuals are rated under DC 8045 unless a diagnosis code already...

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Re: effective date of TBI when secondary condition is awarded prior.

Maybe I'm reading things wrong, but my guess is in 2008 that is when you were first clinically diagnosed with TBI post service. If you received all of your care in house VHA dropped the ball (for the...

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Re: effective date of TBI when secondary condition is awarded prior.

The turning point was that they went more in detail in records to find a hand written note stating an absence of pathology but did not have the medical records. Most are lost somewhere. I had my...

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Re: effective date of TBI when secondary condition is awarded prior.

The effective date of a residual, as far as I know, would be the date of the claim or the date that the medical evidence establishes thedisability, whichever is later. For example, the effective date...

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Re: effective date of TBI when secondary condition is awarded prior.

If the medical evidence and diagnosis for the TBI was first established in 2008, I cannot see how the effective date of the award cannot be earlier. Even though the residual conditions were found...

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Re: effective date of TBI when secondary condition is awarded prior.

I also recieve SSDI since 2002 for neck pain, bi polar disorder 1. I am permanently and totally disabled. I never filed for IU or TDIU. I feel I am Total and Permanent under schedular rating. My...

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Re: effective date of TBI when secondary condition is awarded prior.

This is a situation where a review of your claim file by an accredited VSO, preferably with experience with TBI claims, would be helpful. There are some disabilities that are presumed service...

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Re: effective date of TBI when secondary condition is awarded prior.

Otherwise all of our claims would have effective dates from when we left service, and not when we were diagnosed or when we claimed. That is absolutely right. But if I met the criteria to file a claim...

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Re: effective date of TBI when secondary condition is awarded prior.

Sure, I apologize. I really appreciate your advice and taking the time to enlighten me on issue.  

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Re: effective date of TBI when secondary condition is awarded prior.

Thanks. "But if I met the criteria to file a claim within one year from the date of release, the date of claim is effective the month after date of release. " No - if you filed a claim withing the one...

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Re: effective date of TBI when secondary condition is awarded prior.

FYI, I pass this on from a longtime senior member, former VA senior rater and current VSO, regarding the arthritis of cervical spin rating: "With regard to this thread...

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Re: effective date of TBI when secondary condition is awarded prior.

Armyvet0808 wrote: Rhabdomylosis - no claim ever filed.Stay on top of this treatment wise.  I won't go into detail as I'm sure if you have a clinical diagnosis someone has already advised you of the...

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Re: effective date of TBI when secondary condition is awarded prior.

Stay on top of this treatment wise. I won't go into detail as I'm sure if you have a clinical diagnosis someone has already advised you of the potential complications. Yes, I am aware of my condition....

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