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Question About Rating Criteria

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bigoc

Question

I am currently waiting for a rating decision on my claim for TBI.  I have had the C&P exam for TBI.  

My question is, how a civilian neuropsychological test results would help my claim for TBI?

I had a the civilian test done and while the entire results are long, a few sections of the results almost mirror the rating criteria for total in the VA diagnostic code 8045.

I will list a few results from the civilian neuro test results:

Under Attention:1.  Notable difficulty in selective, focused, and divided and/or alternating attention(moderate)2.  Impairment in concentration (mild-moderate)

Memory:1.  Problems in verbal short-term memory marked by loss of information due to decay or interference(mild)

Learning and Memory:1. Moderate-severe impairment in ability to learn and immediately recall simple familiar words from a list when given opportunities for rehearsal and repetition; notable inability to remember expected number of words after 5 repetitions (CVLT Total List A < 1st %tile), a significantly below-average performance in comparison to age and education cohorts (moderate-severe)

Final diagnoses:

Post-Concussion SyndromeConcussionsDysthymic disorderPost-Traumatic Stress Disorder

Summary:

*  Probable degradation in (1) general intellectual ability and impairment in aspects of cognition, including (2) attention and concentration; (3) language and communication, particularly verbal fluency; (4) learning and memory , especially in the acquisition of new information and recall from short-term memory; (5) and, higher order processes such as cognitive flexibility*Depression with anxiety

I was wondering how this testing would compliment my claim since I included it in my claim and a copy was included with my C&P exam.  During the abbreviated neuro eval the VA does I had similar difficulty with as my civilian test.  There were references to Moderate and Moderate-severe in the civilian test and I feel this meets the rating criteria for rating code 8045 such as "objective evidence on testing of severe impairment of memory, attention, concentration, or executive function resulting in severe functional impairment.  And all of this is assuming service connection.

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I am confused by the many posts here but need to add one thing-

TBI is a physical disability that can have physical,mental and emotional affects and residuals.

PTSD is a mental disability.

VA must rate TBI as separate from PTSD.

The VA has numerous psychological tests as well as MRI etc that can separate and rate PTSD from TBI residuals.

My husband is good example in a way-

I know I briong him up a lotr here but his numerous situations with VA are reflected in so many questions we get,

He had extensive brain damage from CVAs.

Like TBI this caused physical,emotional, and mental residuals-memory loss etc-

his rating was 100% Sec 1151 and now the VA has to make that 100% SC due to my AO DMII death award.

He also had 100% SC for PTSD.

The CVA brain damage and the PTSD was fully assessed in 6 or 7 tests he took at VA over a 2 day period.

Also the MRI in his case revealed 6 areas of brain trauma due to past misdiagnosed TIAs.

An MRI however does not always reveal TBI trauma.

Last night on one of the medical shows they discussed a TBI patient whose TBI hardly shows up on an MRI yet more sophisticated imaging showed residual damage to both frontal hemispheres and near his brain stem- from auto accident.

He had considerable impairments.

It might be good idea for this veteran to find TBI claims at the BVA web site to show how VA rates them.

VA canned a TBI expert they had because he found they were wasting money and not helping TBI vets (Dr. Van Bowen-SVR radio and VA WAtchdog.)

I seemed to me that many TBI vets need someone to speak up for them when dealing with the VA to ensure their C & Ps are accurate and that they are not lowballed on the TBI residuals nor

denied any proper PTSD rating if they also have TBI too.

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