Tbi Va Low Ball Help

[bigoc]

I am rated by the VA for TBI at 40%. I have had a neuro-psych exam and the findings fit the 70% criteria. The VA rated me lower because of a finding of a learning disability referenced in my childhood doctors files. Yes this is what they used to give me a lower rating. I guess it amounts to a preexisting condition. I filled a NOD stating and referring to the exam. I believe the time as passed to file another NOD. I should have asked for help earlier but it is what it is.

Is there anything I can do? Possible have another exam.

Also the neuro exam that I refer to was privately administered and submitted by me with my claim. The VA never sent me to have an exam other than meeting with a psychologist to answer a few questions. I am certain it was not an full neuro-psych exam.

[bigoc]

I have a question about if I ended up being unable to continue to work. If I was given 100 p&t could I still work from home? I day trade stocks now and if I leave the work place will working from home endanger a 100 p&t rating?

I sometimes have a hard time admitting it but I can see where I might have to leave my job as a firefighter in the future.

[carlie]

I have a question about if I ended up being unable to continue to work. If I was given 100 p&t could I still work from home?

bigoc,

Of course you could and can do this.

The only thing that might prohibit doing so would be if

you were :

compensated at 100 percent due solely to a mental health disability

OR

compensated at 100 percent due to being granted IU

JMHO

[john999]

I think you could trade stocks because the money you get is not earned income. It is capital gains and maybe dividends. You could not work for a firm and trade at home if you are IU. Most people that stay at home and trade stocks go broke using their own money. The people who make money trading stocks use other people's money and earn fees. The word "Earn" is the problem for 100% vets, potentially.

[timetowinarace]

First, if you file your claim for increase, the all evidence in your file will be used. Your private testing will be used. What will happen is you will file the claim for increase, a C&P will be ordered and a request for evidence will be made. You do not need new evidence. The rater will make a decision based on the new C&P and evidence in file.

I would include the the rating % you think you qualify for in the claim. If I had your test scores, I would set it at 100% because I beleive your functional impairment qualifies you for it. If you feel 70% is accurate then that is what you should put in the claim.

Second, I race horses as a hobby/business. (Timetowinarace is a horses name) Sometimes they make money. It's not a problem. A famous serial killer(I can't remember his name offhand) was a 100% disabled vet for schitzo. He made over a million profit in stocks managing his own account(for his 'church')all in his name. He remained rated at 100% and was paid at that rate.

Third, this sometimes comes up but there is a disagreement on whether a 100% schedular disabled vet due to mental disability can work. The true answer is yes, you can be rated 100% P&T schedualr for a mental impairment and work. It is not an opinion of mine. The regs are specific about this. There is nothing that says I cannot recieve my 100% if I'm working. If I ever get the oportunity to do so, I will work. My deficits from brain damage will not change so my rating will not change either.

An IU vet cannot work but it does not apply to you at this time.

Edited March 13, 2011 by timetowinarace

[bigoc]

I wonder if I should include in the claim for increase, references to specific VA rating criteria for TBI claims that relate to my specific test scores? I did this with a psoriasis claim and it was successful.

My other concern is that in the last response I received from the VA to my request for an increase. They referenced the most recent exam results of which I am not sure what they are referencing. They state that "something"(my words) is 10 months after my neuro-psych exam. I do not know what they think they are using as this more recent evidence. They are saying that the evidence(the something i reference above) they used to deny my claim for increase was based on an exam that was more recent than my neuro-psych exam results that I submitted with my claim. Like I stated before in this post I never had a VA administered neuro-psych exam, only a 45 min interview with a VA psych doctor. This VA interview fits the time line of the response I received in denying my claim. I can not imagine how this interview can overcome the evidence in my privately administered exam that I submitted with my claim. Anyway, just a concern from a past experience with this claim.

Thanks again for the responses and information on working. I suppose it is possible to be rated 100% for this condition and not on IU. That would be nice but I am not thinking it would be easy by any means.

Edited March 14, 2011 by bigoc

[timetowinarace]

The VA granted your claim based on your private neuro-psych report.

But, they rated your claim based on the more recent VA C&P examiner report.

You could have NOD'd on this issue but it is too late.

The VA will not give you another neuro-psych test. There is no need to, your scores will not change. The C&P examiner is suposed to study the test results and incorperate the test findings into his report. Just like a x-ray of a disfigured bone. There is no need to take another x-ray of the bone but the examiner will study the one already taken and incorperate the findings into the report. I beleive the last C&P examiner did not do this but don't know without reading the report. If the examiner does not agree with the test results it must be stated and reason must be given. Just like the example of the bone x-ray, if the examiner has a different opinion than is shown in the x-ray, he has the task of describing how his exam did not find a disfigured bone but the x-ray does. I hope that helps you understand, I don't know how else to explain.

I was "examined" many many times before my neuro-psych test and never got a diagnosis or a rating untill I had the test results. After I got the results, I made sure every examiner had a copy of them. They all stated in their reports that they had read the test and found it accurate. If they had stated that it was not accurate, they would have had to explain why. I doubt that there are very many health profesionals that will argue about the results of an objective test.

In short, don't worry about wich report was used for what, it's too late to fight that. When you have a new C&P, just make sure the examiner has read the test. You can fight the rating decision when you get it.

Yes, you could point out you test scores and relate them to rating criteria.