timetowinarace

Well, there is no guarentee that that we will get paid. That is from Obama. http://www.cbsnews.com/video/watch/?id=7373061n&tag=contentMain;contentBody I dont't beleive we will need to worry but it's best to be aware and prepared.

Okay, the appeals and new claims are slowing down the proccess. Yes, you'll receive C&P's for the new claims. Given the amount of problems you have, anxiaty and PTSD go along with tbi often, I strongly reccomend you have neuro-psych testing done. You may have more problems than you realize and your rating can be higher with the testing. The VA will have to sort out tbi problems with the anxiaty and PTSD since they co-mingle(symptoms of all three can be the same and overlap). They will be rated at the same time. Or should be.

Did you file a claim for hearing loss & tinnitus? And was the hearing test a C&P? As the others have stated, you should have received conformation from the VA that the claims were received. You should do as others have said and check on them. Also, file on the hearing loss and tinnitus as you can be rated for them and they help confirm the injury. Also, do you have records of the RPG attack. medical or dental. Did you see anyone at the time? Is your tbi doc a psychiatrist or psychologist? You could use neuro-psych testing. It will help determine the extent of the tbi for treatment and more importantly for claims. It is neccisary(required) to have this testing in order to receive a higher than 40% rating for tbi related cognative problems(memory and attention, learning, ect)

Well, it's kind of a personal choice wich route to go. There are pro's and con's to both. The pro for filing now is the effective date. If he is doing okay financially and does not need a quick decision(in VA terms) it could be okay to file now. The cons for filing now before PCP visit is denial and fighting for maybe years to keep the claim open and getting enough evidence to dispute a bad C&P. My opinion is that C&P docs are not prone to DX something that could be compensated. They will not order the tests needed and in my case, even though the test was ordered, the VA did not do it. C&P exams that are not favorable take allot of time and are difficult to overcome. It can be done, but it is very difficult. You need to be aware that it can be very difficult to get a tbi DX years after the injury, especially through the VA. There is a good probability that getting a DX through treatment channels(PCP referals) will be difficult. There is a high probability getting a DX through C&P will be unlikely and you will have to overcome that examiner's opinion to continue. After 39 years without the DX, I strongly suggest waiting to file untill he has a DX for tbi before filing for it. You lose the effective date but the claim has a better chance to succeed and will be much faster if you don't have to fight and appeal. My claim took years and required going to private health care to get proper tests. I weighted the cons pretty heavy, lol. It comes down to how important the effective date is to him. For some, it's worth the fight.

I don't think there is anything you can do, unfortunatley. Not for back pay. But, I'm not an expert on such things. The TBI was mentioned in the C&P but then says it cleared up? I think this would prevent VARO from considering it an infered claim. TBI was hardly understood untill recently. It's still hit and miss.

While that's true about DC8045, that code was used to rate residuals-subjective complaints. This, " He had to learn to reread, slowed mental ability, lack of concentration, emotionless" would be rated under DC9304-Dementia due to trauma(TBI or stroke or surgery). So yes, it's important to know what prior ratings were.

HI. Well, that's a tough one. I think you'd get better advice posting this one in general claims section. There is a possibility that the C&P exam that mentioned the TBI should have been considered an informal claim, but I'm afraid without a formal claim there is not much you can do to get an earlier effective date. Again, those in general claims would be better at answering and might not see the post here. Are you satisfied with the current rating of 70%?

Good catch Carlie. Well, that complicates things a bit more. Headaches can be included as a residual of TBI claim. They can also be rated seperate even as a residual. It is far better for them to be rated seperate as they(migraines) will add nothing to the percentage of a TBI rating in most cases though they are included with the residuals. The way the TBI rating works for residuals of TBI there is a list of possible residuals with a degree of functional impairment for each one. The total of a granted rating is given as the highest residual. So, if migraines were equal to or is lesser than another residual(symptom) such as cognative disorder, the headaches will technically add nothing to to the rating. That is why I suggested filing for the migraines now, as a seperate claim. You might still want to do this. When the VARO denied the TBI claim, they probably should have rated the migraines. You needed to have NOD'd on the migraines on the grounds that though the TBI was denied for lack of evidence, the migraines are still present(don't need a TBI to have migraines). Tbi and PTSD do over lap on symptoms. The old way, you would recieve one rating for PTSD and Dementia(cognative disorder) if both were present and a 10% rating for residuals. I am rated under old code with one rating for depression, anxiaty and dementia due to trauma. The new way, cognative disorder rated like a residual under 8045. It is very important to have the testing we've discussed because, 1. it will prove(or disprove) TBI and 2. you cannot be rated higher than 40% for cognative(memory proplems ect) without the testing.

Okay, you need to see a neurologist for your migraines. There are many preventative medications to try that may reduce the amount and severity of the migraines. There are also medications that may help get rid of them when they do come. What works best for me to kill a migraine is Zomig. Preventatives have not helped. So, on your next PCP visit, or make an appointment now for PCP, explain the migraines and history and ask for referal to see neurologist. Also, I would file a claim for the migraines now. For the TBI, I would not file a claim yet. Since you have been denied once and appeal(or NOD) time has lapsed, it will be more difficult to overcome prior C&P exam that was done. The neurologist report could be used as new and material to re-open but likely won't be enough to refute the C&P for a favorable rating. I'm guessing a bit here though as I have not seen the prior C&P report but it's fairly standard for VARO that you will need substantial evidence to overcome previous denial. Yes, the "formal" neuropsychometric testing is what you need and what I was refering to. It will prove(or disprove) a claim for tbi that does not include paralysis. You need to show your PCP(preferably your psych PCP but your medical PCP too if you see them first) the neurologist report with the tbi probable diagnoses and testing reccomendation and get that neuropsych test done. Also request treatment. Once you have the results you can proceed with a claim. I hope this helps.

Welcome to Hadit. Since the appeal time has lapsed on your denied TBI claim, you will have to re-open with "new and material" evidence. This new evidence, in your case, will be a diagnoses and treatment for TBI and residuals. So, I have some questions. You said you did the testing with the neurologist. What was the testing? Describe it to me please. If the neurologist sent you to a neuro-psychologist and you did a full neuro-pshycological test taking several hours to complete, you may have good evidence to procede. If not, you will need to gather more evidence/medical conclusions. You probably will need more anyway. I assume since you was not informed of the neurologist diagnoses that you are not currently being treated for TBI. Is that correct? I also have severe chronic migraines often. Are you being treated for yours? A neurologist is the doctor best suited to treat migraines. These can be diagnosed as Traumatic Migraines, as mine are, meaning that they occur because of injury. Your migraines, whether diagnosed as traumatic or not, can be rated on their own up to 50%. If you have been being treated for them, have a diagnoses and the doctor concurs that they began in service or shortly after, you can and should file for them seperately and not wait for the tbi claim. If not, you need to see a neurologist for dx and treatment. The key to VA claims is medical evidence. Even for the flat feet. Follow up on these items and get treatment, then you should have more success with your claims.

This guide will not directly help with the VA. It is free to download and the author reqests donations of $5 for those that can afford it. http://www.tbiguide.com/ I highly reccomend reading it for those that are somewhat new to mild to moderate TBI. I gleaned much more knowledge of my TBI from this guide than from any source, including professionals. It is meant to give insight and understanding to TBI sufferers and family members about their TBI. Mods, please consider adding this as a sticky. I reccomend this guide often here and must look it up to include a link everytime(my own tbi problems, lol) Thanks

This won't help with the VA but is great for a better understanding of mild to moderate TBI. http://www.tbiguide.com/

Well, the vet center can't dx him so he needs to request a tbi exam through his PCP. If your confident he will get the dx(it will take some time) it could be benificial to file a claim now for the effective date if it will increase his rating. Sorry, I didn't look to see if his current rating was posted under his username. If he is already at 100%, there isn't much of an advantage to filing the claim untill he has a proper dx for tbi. I suggest reading the TBI Guide(free for download) I have posted links to in previous threads. If I have time, I will find it and post it here again. Take care.

Welcome to Hadit. You didn't really mention any TBI symptoms or concerns other than the migraines in your post so I can't guess if you should file for TBI. If you have a TBI diagnoses, you can be rated for TBI and the migraines can either be included in the rating as a residual of TBI or you can have a seperate rating under the migraine DX code. The rating criteria for TBI is complicated in this regard. If you do not have a TBI diagnoses with residuals(other than the migraines) you can file for migraines. In most cases, I feel it is more benifitial to have the seperate migraine rating. You would simply file a claim for the migraines. I can't say for sure, in your case, without knowing if you have a TBI diagnoses and other residuals. Hope that helps.

I suggest getting a copy of the C&P exam report. That way you won't have to guess what she put in in it and you can be prepared to NOD if neccisary after a decision. I have had C&P's that I thought went badly but the exam report was favorable. Untill we know what the C&P report says, there is no way to know how to procede. The rating office will look at your other records. Do you have a copy of the C&P exam report from the first desision? Or a copy of your c-file? edited to add: Okay, I suspect you don't have a copy of your c-file. Here is what I think you should do. Call VARO every so often to see if the new C&P report has been submited to your records. Once the new C&P is in your records/has been recieved by VARO, request a copy of your whole c-file. I have not personally dealt with VARO lately and only check the TBI forum now-a-days so I don't know how they deal with c-file requests now. If something procedural has changed, hopefully someone will chime in.

That was quick to get a C&P already. Did you make sure she had read the Neuro test results?

bigoc, The only thing I think I would add in a statement of claim for increase is that your rating for cognative impairment should be based on the results of the objective testing you've had and not just based the subjective opinion of an examiner at the time of the exam. You might include this: --------------------------------------------------------------------------------------------- Facets of cognitive impairment and other residuals of TBI not otherwise classified Level of impairment Criteria Memory, attention, concentration, executive functions 0 No complaints of impairment of memory, attention, concentration, or executive functions. 1 A complaint of mild loss of memory (such as having difficulty following a conversation, recalling recent conversations, remembering names of new acquaintances, or finding words, or often misplacing items), attention, concentration, or executive functions, but without objective evidence on testing. 2 Objective evidence on testing of mild impairment of memory, attention, concentration, or executive functions resulting in mild functional impairment. 3 Objective evidence on testing of moderate impairment of memory, attention, concentration, or executive functions resulting in moderate functional impairment. Total Objective evidence on testing of severe impairment of memory, attention, concentration, or executive functions resulting in severe functional impairment. ----------------------------------------------------------------------------------------------- And apply this test result to to the above rating criteria: Learning and Memory 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 on his initial effort and immediately recall expected number of words after five repetitions (CVLT Total List A < 1 st %ile), a significantly below-average performance in comparison to age and education cohorts Point out that your your objective evidence matches the rating criteria for Total. That should get the ball rolling to your benifit.

I don't mind explaining so no apollogy needed. I have some issue with my own VA stuff that I should have resolved by now but just can't bring myself to take the time to learn what I need to and go through the proccess. It's very frustrating. So, I understand your position. I've thought allot about what you should include in your claim for increase. To be honest, I can't make up my mind. I'll go back and read the thread again when I get a little time and a clear head.

Like bigoc said, it's important to know if he has had neuro-psych testing. Just so you know, a rating for cognative imairment cannot be over 40% without objective(neuro-psych) testing. I can't begin to guess what a rating should be without more knowledge of his condition. Paralisis will have it's own rating. The TBI rating is very complicated and covers allot of stuff. Here is the rating criteria for most of it. If you have more questions feel free to ask. 8045 Residuals of traumatic brain injury (TBI): There are three main areas of dysfunction that may result from TBI and have profound effects on functioning: cognitive (which is common in varying degrees after TBI), emotional/behavioral, and physical. Each of these areas of dysfunction may require evaluation. Cognitive impairment is defined as decreased memory, concentration, attention, and executive functions of the brain. Executive functions are goal setting, speed of information processing, planning, organizing, prioritizing, self-monitoring, problem solving, judgment, decision making, spontaneity, and flexibility in changing actions when they are not productive. Not all of these brain functions may be affected in a given individual with cognitive impairment, and some functions may be affected more severely than others. In a given individual, symptoms may fluctuate in severity from day to day. Evaluate cognitive impairment under the table titled “Evaluation of Cognitive Impairment and Other Residuals of TBI Not Otherwise Classified.” Subjective symptoms may be the only residual of TBI or may be associated with cognitive impairment or other areas of dysfunction. Evaluate subjective symptoms that are residuals of TBI, whether or not they are part of cognitive impairment, under the subjective symptoms facet in the table titled “Evaluation of Cognitive Impairment and Other Residuals of TBI Not Otherwise Classified.” However, separately evaluate any residual with a distinct diagnosis that may be evaluated under another diagnostic code, such as migraine headache or Meniere's disease, even if that diagnosis is based on subjective symptoms, rather than under the “Evaluation of Cognitive Impairment and Other Residuals of TBI Not Otherwise Classified” table Evaluate emotional/behavioral dysfunction under §4.130 (Schedule of ratings—mental disorders) when there is a diagnosis of a mental disorder. When there is no diagnosis of a mental disorder, evaluate emotional/behavioral symptoms under the criteria in the table titled “Evaluation of Cognitive Impairment and Other Residuals of TBI Not Otherwise Classified.” Evaluate physical (including neurological) dysfunction based on the following list, under an appropriate diagnostic code: Motor and sensory dysfunction, including pain, of the extremities and face; visual impairment; hearing loss and tinnitus; loss of sense of smell and taste; seizures; gait, coordination, and balance problems; speech and other communication difficulties, including aphasia and related disorders, and dysarthria; neurogenic bladder; neurogenic bowel; cranial nerve dysfunctions; autonomic nerve dysfunctions; and endocrine dysfunctions. The preceding list of types of physical dysfunction does not encompass all possible residuals of TBI. For residuals not listed here that are reported on an examination, evaluate under the most appropriate diagnostic code. Evaluate each condition separately, as long as the same signs and symptoms are not used to support more than one evaluation, and combine under §4.25 the evaluations for each separately rated condition. The evaluation assigned based on the “Evaluation of Cognitive Impairment and Other Residuals of TBI Not Otherwise Classified” table will be considered the evaluation for a single condition for purposes of combining with other disability evaluations Consider the need for special monthly compensation for such problems as loss of use of an extremity, certain sensory impairments, erectile dysfunction, the need for aid and attendance (including for protection from hazards or dangers incident to the daily environment due to cognitive impairment), being housebound, etc Evaluation of Cognitive Impairment and Subjective Symptoms The table titled “Evaluation of Cognitive Impairment and Other Residuals of TBI Not Otherwise Classified” contains 10 important facets of TBI related to cognitive impairment and subjective symptoms. It provides criteria for levels of impairment for each facet, as appropriate, ranging from 0 to 3, and a 5th level, the highest level of impairment, labeled “total.” However, not every facet has every level of severity. The Consciousness facet, for example, does not provide for an impairment level other than “total,” since any level of impaired consciousness would be totally disabling. Assign a 100-percent evaluation if “total” is the level of evaluation for one or more facets. If no facet is evaluated as “total,” assign the overall percentage evaluation based on the level of the highest facet as follows: 0 = 0 percent; 1 = 10 percent; 2 = 40 percent; and 3 = 70 percent. For example, assign a 70 percent evaluation if 3 is the highest level of evaluation for any facet. Note (1):There may be an overlap of manifestations of conditions evaluated under the table titled “Evaluation Of Cognitive Impairment And Other Residuals Of TBI Not Otherwise Classified” with manifestations of a comorbid mental or neurologic or other physical disorder that can be separately evaluated under another diagnostic code. In such cases, do not assign more than one evaluation based on the same manifestations. If the manifestations of two or more conditions cannot be clearly separated, assign a single evaluation under whichever set of diagnostic criteria allows the better assessment of overall impaired functioning due to both conditions. However, if the manifestations are clearly separable, assign a separate evaluation for each condition. Note (2):Symptoms listed as examples at certain evaluation levels in the table are only examples and are not symptoms that must be present in order to assign a particular evaluation. Note (3):“Instrumental activities of daily living” refers to activities other than self-care that are needed for independent living, such as meal preparation, doing housework and other chores, shopping, traveling, doing laundry, being responsible for one's own medications, and using a telephone. These activities are distinguished from “Activities of daily living,” which refers to basic self-care and includes bathing or showering, dressing, eating, getting in or out of bed or a chair, and using the toilet. Note (4):The terms “mild,” “moderate,” and “severe” TBI, which may appear in medical records, refer to a classification of TBI made at, or close to, the time of injury rather than to the current level of functioning. This classification does not affect the rating assigned under diagnostic code 8045. Note (5):A veteran whose residuals of TBI are rated under a version of §4.124a, diagnostic code 8045, in effect before October 23, 2008 may request review under diagnostic code 8045, irrespective of whether his or her disability has worsened since the last review. VA will review that veteran's disability rating to determine whether the veteran may be entitled to a higher disability rating under diagnostic code 8045. A request for review pursuant to this note will be treated as a claim for an increased rating for purposes of determining the effective date of an increased rating awarded as a result of such review; however, in no case will the award be effective before October 23, 2008. For the purposes of determining the effective date of an increased rating awarded as a result of such review, VA will apply 38 CFR 3.114, if applicable. Facets of cognitive impairment and other residuals of TBI not otherwise classified Level of impairment Criteria Memory, attention, concentration, executive functions 0 No complaints of impairment of memory, attention, concentration, or executive functions. 1 A complaint of mild loss of memory (such as having difficulty following a conversation, recalling recent conversations, remembering names of new acquaintances, or finding words, or often misplacing items), attention, concentration, or executive functions, but without objective evidence on testing. 2 Objective evidence on testing of mild impairment of memory, attention, concentration, or executive functions resulting in mild functional impairment. 3 Objective evidence on testing of moderate impairment of memory, attention, concentration, or executive functions resulting in moderate functional impairment. Total Objective evidence on testing of severe impairment of memory, attention, concentration, or executive functions resulting in severe functional impairment. Judgment 0 Normal. 1 Mildly impaired judgment. For complex or unfamiliar decisions, occasionally unable to identify, understand, and weigh the alternatives, understand the consequences of choices, and make a reasonable decision. 2 Moderately impaired judgment. For complex or unfamiliar decisions, usually unable to identify, understand, and weigh the alternatives, understand the consequences of choices, and make a reasonable decision, although has little difficulty with simple decisions. 3 Moderately severely impaired judgment. For even routine and familiar decisions, occasionally unable to identify, understand, and weigh the alternatives, understand the consequences of choices, and make a reasonable decision. Total Severely impaired judgment. For even routine and familiar decisions, usually unable to identify, understand, and weigh the alternatives, understand the consequences of choices, and make a reasonable decision. For example, unable to determine appropriate clothing for current weather conditions or judge when to avoid dangerous situations or activities. Social interaction 0 Social interaction is routinely appropriate. 1 Social interaction is occasionally inappropriate. 2 Social interaction is frequently inappropriate. 3 Social interaction is inappropriate most or all of the time. Orientation 0 Always oriented to person, time, place, and situation. 1 Occasionally disoriented to one of the four aspects (person, time, place, situation) of orientation. 2 Occasionally disoriented to two of the four aspects (person, time, place, situation) of orientation or often disoriented to one aspect of orientation. 3 Often disoriented to two or more of the four aspects (person, time, place, situation) of orientation. Total Consistently disoriented to two or more of the four aspects (person, time, place, situation) of orientation. Motor activity (with intact motor and sensory system) 0 Motor activity normal. 1 Motor activity normal most of the time, but mildly slowed at times due to apraxia (inability to perform previously learned motor activities, despite normal motor function). 2 Motor activity mildly decreased or with moderate slowing due to apraxia. 3 Motor activity moderately decreased due to apraxia. Total Motor activity severely decreased due to apraxia. Visual spatial orientation 0 Normal. 1 Mildly impaired. Occasionally gets lost in unfamiliar surroundings, has difficulty reading maps or following directions. Is able to use assistive devices such as GPS (global positioning system). 2 Moderately impaired. Usually gets lost in unfamiliar surroundings, has difficulty reading maps, following directions, and judging distance. Has difficulty using assistive devices such as GPS (global positioning system). 3 Moderately severely impaired. Gets lost even in familiar surroundings, unable to use assistive devices such as GPS (global positioning system). Total Severely impaired. May be unable to touch or name own body parts when asked by the examiner, identify the relative position in space of two different objects, or find the way from one room to another in a familiar environment. Subjective symptoms 0 Subjective symptoms that do not interfere with work; instrumental activities of daily living; or work, family, or other close relationships. Examples are: mild or occasional headaches, mild anxiety. 1 Three or more subjective symptoms that mildly interfere with work; instrumental activities of daily living; or work, family, or other close relationships. Examples of findings that might be seen at this level of impairment are: intermittent dizziness, daily mild to moderate headaches, tinnitus, frequent insomnia, hypersensitivity to sound, hypersensitivity to light. 2 Three or more subjective symptoms that moderately interfere with work; instrumental activities of daily living; or work, family, or other close relationships. Examples of findings that might be seen at this level of impairment are: marked fatigability, blurred or double vision, headaches requiring rest periods during most days. Neurobehavioral effects 0 One or more neurobehavioral effects that do not interfere with workplace interaction or social interaction. Examples of neurobehavioral effects are: Irritability, impulsivity, unpredictability, lack of motivation, verbal aggression, physical aggression, belligerence, apathy, lack of empathy, moodiness, lack of cooperation, inflexibility, and impaired awareness of disability. Any of these effects may range from slight to severe, although verbal and physical aggression are likely to have a more serious impact on workplace interaction and social interaction than some of the other effects. 1 One or more neurobehavioral effects that occasionally interfere with workplace interaction, social interaction, or both but do not preclude them. 2 One or more neurobehavioral effects that frequently interfere with workplace interaction, social interaction, or both but do not preclude them. 3 One or more neurobehavioral effects that interfere with or preclude workplace interaction, social interaction, or both on most days or that occasionally require supervision for safety of self or others. Communication 0 Able to communicate by spoken and written language (expressive communication), and to comprehend spoken and written language. 1 Comprehension or expression, or both, of either spoken language or written language is only occasionally impaired. Can communicate complex ideas. 2 Inability to communicate either by spoken language, written language, or both, more than occasionally but less than half of the time, or to comprehend spoken language, written language, or both, more than occasionally but less than half of the time. Can generally communicate complex ideas. 3 Inability to communicate either by spoken language, written language, or both, at least half of the time but not all of the time, or to comprehend spoken language, written language, or both, at least half of the time but not all of the time. May rely on gestures or other alternative modes of communication. Able to communicate basic needs. Total Complete inability to communicate either by spoken language, written language, or both, or to comprehend spoken language, written language, or both. Unable to communicate basic needs. Consciousness Total Persistently altered state of consciousness, such as vegetative state, minimally responsive state, coma.

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.

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.

My opinion is that you received a bad C&P. Something that is seen over and over agian in this forum. Either the examiner did not read the neuro-psych report or simply ignored it. I can't say for sure without seeing the C&P report. Did you get a copy of it? The C&P examiner should have referenced the test results in his own report as they are objective and carry the same weight as a x-ray, ct scan, mri, blood test or any other medical test. To answer your question, yes 70% seems to be an easy to justify expectation for a rating. I would go even farther and say, in my opinion, it is possible for a 100% P&T rating based on your test scores that I've seen. I'll explain in next paragraph. Working is the only thing holding you back even though it is not supposed to. I'll explain percentiles so you know what your looking at with your test scores. It explains much more than words like 'substantial', 'mild, 'moderate' and 'severe'. A percentile is a comparison to the rest of the population that has taken the same test. A result like the one in your Learning and Memory section of "(CVLT Total List A < 1 st %ile)", the 1st percentile, means that 99% of the population scored higher than you in this area. This score alone should get you a 100% rating in my opinion. You can file a claim for increase. You will not get the effective date of the original claim if you do get an increase but I do not see a successful CUE here so that is your only option really.

Okay, that clears things up a bit. It appears the VA did not lowball you because of the childhood diagnoses. They did the opposite and aproved your claim even though C&P exam said less likely as not due to service. That is rare in my opinion and you were saved some grief. The VA didn't use the childhood diagnoses against you. They used the examiners low assesment at the time of the C&P. Common. There are some points that could have been used in a NOD. I'm wondering what was included in the private "treatment report" because it seems to not have included the actual test scores. Any examiner that is making an assesment needs to see the actual test results and not just an assement based on the results. The VA does not seem to have the actual test results. I'd have to see both reports to know for sure but here is what I think went wrong and why the rater should not have used the more recent C&P over the private report for your rating. If the C&P eximiner did not have the actuall test results then the conclusion will be based on a subjective evaluation. The private exam was done with objective test results and would carry more wieght. Your cognative functioning as measured by tests is highly unlikely to change in ten months. I think you can file for increase. If the VA doesn't have the actuall neuro-psych test results, you need to get them in so future examiners have access to them. Actuall test results will have scores in it like 'fell in the 70th percentile on language comprehension'. Sorry, I'm having trouble sumerizing so I'll take a break and try later, lol

§ 4.22 Rating of disabilities aggravated by active service. In cases involving aggravation by active service, the rating will reflect only the degree of disability over and above the degree existing at the time of entrance into the active service, whether the particular condition was noted at the time of entrance into the active service, or it is determined upon the evidence of record to have existed at that time. It is necessary therefore, in all cases of this character to deduct from the present degree of disability the degree, if ascertainable, of the disability existing at the time of entrance into active service, in terms of the rating schedule, except that if the disability is total (100 percent) no deduction will be made. The resulting difference will be recorded on the rating sheet. If the degree of disability at the time of entrance into the service is not ascertainable in terms of the schedule, no deduction will be made. This is what I mean. Take note of the last sentance, "If the degree of disability at the time of entrance into the service is not ascertainable in terms of the schedule, no deduction will be made." There is no way the VA can know the degree of disability you may have had at time of entrance without a specific evaluation at that time. You need to NOD on this basis.

Did you take an entrance exam? Have you heard back from the NOD? You need to find out the status of your claim. A NOD probably shouldn't refer to your exams if they state a prior condition because they are aware you could be rated higher without the prior condition. The NOD should be made on the fact that they cannot differentiate the two cognative disorders. Learning disability and TBI are both cognative dissorders and would be rated as one rating if both were SC. Since they cannot seperate the two for testing and get two seperate test results you have to be rated on your current level of functioning. There is absolutley no way they can determine a childhood learning disability has effected your functioning 30% and TBI effected your functioning 40%. The only thing they can determine is that your current functioning loss is 70%. Without cognative tests when you were a kid, no comparison can be made to determine how much of your cognative problems came from TBI or a "learning disability". Your childhood doctors opinion was subjective and cannot be verified. Your current tests are objective and cannot be refuted. You completed service, passed training, was able to function as a soldier. You could not have had a substantial disorder at the time. The criteria for 70% is substantial. I can't remember the federal codes anymore(my own TBI,lol) but there is the one about excaberated conditions. A learning disability is not the same as organic brain damage but would be rated the same. Just like the VA cannot give you two seperate mental health ratings such as PTSD & Depression because they cannot differentiate the two on functioning, they cannot differentiate (seperate) your current functioning between a learning disability(cognative disorder) and organic cognative disorder due to trauma. They have to rate you on your current functioning or deny the claim. There is no way to say what your functioning would be today without the TBI so they cannot say you were 30% before the TBI and only give you 40% for the injury. I beleive you can win on this alone. I'll have to look it up later but I beleive this is stated quite clearly in the schedule for rating mental disabilities.