timetowinarace

Let us know how it goes.

Yes, request a TBI screening from the VA. Also, it is not a VA tool but something that may help answer personal questions about TBI and how/if it is effecting you, you can use the TBI Survival Guide. http://www.tbiguide.com/ It is a free web book. Very helpfull to me.

Bump-please confirm or correct my advice

You'll have time to do some 'homework'. The new rating is found here: http://ecfr.gpoaccess.gov/cgi/t/text/text-....67&idno=38 Go down to 8045. Read the whole thing down to 8046, skip 8046 and scroll down to "Evaluation of Cognitive Impairment and Other Residuals of TBI Not Otherwise Classified" for the rating criteria. It can get confusing.

You should get your appeal in. Your tbi was in service? Was it before you began having mental issues? The tbi can cause these types of problems like major depressve disorder. It caused my MDD and anxiaty. It can also aggravate the conditions if they were already present. In other words, even if you did have a condition before the tbi, the tbi can still be service connected and rated. Do you have service records of the tbi?

Okay, what was the reason for the denial? What was the date of the denial? Have you appealed the decision?

Now you know why I can't give my opinion. I was not banned from VBN. On the bright side: We are able to give negative comments about VSO's who's mission is simular to HADIT and VBN. But then, they aren't VA employees so it's okay. Did I go too far?

VBN-Veterans Benifit Network. I no longer have a link to it. Tbird supports this site as it does provide good claims advice to veterans. All I will say is: Do not post a negative comment about the VA there. The things that will be said to you are very disturbing. It will come from the moderators.

Ummm, Ex and current VA employees run a veterans benifits forum much like Hadit. I'm not allowed to give my opinion of it. It is possible to get good advice there. I'm not sure it is still up but I'd think it is.

Definately get re-evaluated. The forms are standard and someone will probably post a link for you. However, I reccomend using a VSO. There should be someone in your area that can help you with the forms. Either a county Veterans Service Officer or someone from the DVA, VVA, VFW, ect. Learn about the rating guidlines so you know what rating you should have and state it in the claim to re-open. Do you have problems with memory, attention or consentration?

BigAl, Do you have a claim in on these issues?

I'd like to use some quote's from this thread to make a point. Please keep in mind, I am not picking on anyone, nor actually disagreeing with Hadit rules. Just trying to make the observation that some subjects, political and VA, are in the gray area for discussion on the board. From me "It is getting harder and harder to distinguish what content is acceptable." From Carlie "Oh I think health reform will be good for veterans - it's gone. or Oh I think health care reform is going to be bad for veterans - it's gone." From Pete53 "I left the Universal Health Care and current plans for covering all Americans open as I think that is something Veterans need to discuss and learn." I think that should make some kind of point. I want to stress that I do not disagree with posts being closed and deleted. I do suggest that this happens to non political posts as well. A recent one that comes to mind had to do with a 'news' story about the VA going after a certain group of veterans. There was division on the board wether or not it belonged on Hadit. It was closed. It was not political. The point? I think it would be more accurate and easier to understand if the board policy was to close and or delete VA subjects, political or not that BECOME inflamatory. That is what usually happens anyway and rightfully so. It is very difficult to know which subjects this will be at all times. All subjects should be VA related of course. I know the moderaters have a very difficult job and I'd like to make it easier by not having these subjects come up at all, but I don't find that to be possible. It's very difficult to have a "zero tolerance"(quote=Pete53, Carlie, Tbird) policy and a disscrepancy as in the quotes above. These closed and deleted posts were all VA related subjects. The moderaters did the right thing in closing them once harsh words were being used.

Court of appeals remanded my SSDI for a second ALJ hearing after wich it was approved. I had the oppisite experience of most vets, SSDI took longer than VA. Wife was approved first time for SSDI.

I agree that it is very quite on the homefront for GW vets. Especially since the findings have show the illness is real. There has been no change in the VA to recognise GWI. There has been no push from anybody to help these vets. It seems people and VSO's are complacent because SOME GWI vets get limited care and benifits due to the undiagnosed conditions.

It is getting harder and harder to distinguish what content is acceptable. I can only assume this warning was brought about by recent posts about a VA document as they were closed and deleted for political comments. Could be wrong. I didn't complain either way. However, the discussion, even with it's political ties, was a VA issue. Three national VSO's made public comments on the issue. It was directly about VA policy and procedure. Not trying to be a smart a**, but in this case, inflammatory seemed to mean 'a subject not everyone agrees with'. No disrespect to anyone or the decisions of the moderators. Just trying to point out that some VA issues are deemed too political and the "exception" to allow them is overridden if someone complains.

I'm not sure if this is the answer your looking for. A psychologist or neuro-psychologist or a psychiatrist can diagnose TBI. A neurologist can also diagnose TBI. On the other side, many mental dissorders such a depression, anxiaty, and some personality dissorders can be diagnosed as caused by(or secondary to) TBI.

I personaly would request they wait for the additional information. From how it sounds it went at the TBI C&P he will get lowballed on the rating. If the neuro-psych testing shows anything substantial, wich I feel that it will, you will want to request a new C&P. Also, at some point, you will want the speech theripist or other treating psychologist to report on his functional impairments based on the tests so you have more than a poor C&P exam for the rater to base a rating on. Even if the C&P was good, the rating is still restricted without the tests. One of the other issues I couldn't bring up yesterday(I was having a bad 'head' day) is the headaches. I see that his claim for headaches was denied but I feel he should be able to get SC for them as a residual of the TBI. DC8045 states in part that residuals of headaches(migraines is a better word) should be rated seperatly under the DC for migraines. I reccomend he see a neurologist for diagnoses and treatment for the headaches. Mine are diagnosed as post traumatic migraines. Migraines can be rated up to 50%. I don't have a rating for them but I was rated under the old law and don't see a good reason to be re-evaluated. This is another reason to delay a decision. A diagnoses for headaches DUE TO trauma. I probably have more to say, but I'm having a hard time keeping up with this thread it's moving so fast. One thing is, thanks for taking care of your veteran. There is a topic in this TBI forum titled TBI Survival Guide. It has a link to a free book that may give you better insight into what can go on with TBI. I have found it usefull.

Hi, I hope I can help. I'm rated 100% P%T for tbi and it was a difficult task to do. The number one thing I harp on for TBI diagnoses/claims is neuro-psych testing. There are several reasons I believe this is the most important detail for the veteran, the family, proper health care, and the claims proccess. The first reason is for the veteran. I was aware I had memory problems and mentioned them to doctors and such. I was given the standard responce that this was a common depression, anxiaty and even PTSD problem. Untill testing, I had no idea of the true extent of my cognative problems, nor did anyone around me, including those evaluating me. The results of the testing has done more for me in explaining the problems I have than anything else before and since. For family members, it helps them 'see' an injury that can't be seen, we brain injured people look quite normal. For treatment and the claims proccess the testing is very important. In my case, untill testing, my subjective complaints of memory problems were assotiated with my depression and anxiaty and at one time I was also diagnosed with PTSD. I have all the symptoms of PTSD but no stressor-no stressor no PTSD. After I was tested everything turned around. Now my depresion and anxiaty is diagnosed as being organic(brain damage) caused by the tbi with my cognative problems a direct result of tbi. All that said, under the rating guidelines for tbi a person can only be rated a low percentage for subjective(self reported) complaints on memory and attention but can be rated higher, up to 100%, for memory and attention problems if it is seen on objective tests(neuro-psychological). So it is very hard to justify not having the tests done. To me it's a simple decision. The highest possible rating for cognative problems(memory, attention ect.) is 40% I believe(could even be lower) without objective testing under DC8045. The highest possible rating with objective testing is 100%. Sorry for the long rant. In my years on this board, my advice for neuro-psych testing is often ignored for some reason I don't understand. I seem to be the only one that recomends it, but anyone pursueing a tbi rating must have it or be limited to a low rating. My brain is swimming today, but I thought I would address what I think is the most important aspect. I'll come back later and see if I can address other issues.

"deployed veterans are still in poor health and perform significantly worse on cognitive tests" This AND a TBI. No wonder I'm so messed up. I'm glad I have the TBI diagnoses. It will be a few years yet before GWI is recognized as a compensatable illness with the VA.

It's very common for the VA to lowball the initial ratings. I'm quite sure it is intentional. I have not personally met anyone that has not had to NOD and appeal their way to a fair rating. This is especially true for mental disabilities including TBI. I believe it is the main reason for the huge backlog of claims.

As far as I know, Federal law still allows the recording of conversations as long as one party to the conversation knows about it. VA regulations are not above the law. If I was of a mind to record an exam, I would not inform or ask to do so. I have done this several times. Not with the VA. Once at request of an attorney during a medical exam on my wife for a civil case(auto wreck), simular to a C&P but with the insurance co. paid Doc. And I carried a small micro recorder when I was having difficulties at work, recording my superviser telling me I must work with materials that made me sick with no protection even though I had a note from their doctor that I was not to do it, or go home with no job. I won a judgement from OSHA due, in part, to the tape. What the benifits would be in the VA setting, I'm not sure.

Okay, no, you only had one true neuro-psych test. The 30 min shindig that was done at the C&P is inadaquate compared to the full range testing done privetly. The VA has two choices. Either give you a full and complete neuro-psych testing or use the private tests. NOD the decision based on this. They cannot use a lesser exam and ignore a COMPLETE exam to rate you. Also, they cannot use a possible childhood condition to give you a lower rating. You will win if you keep fighting. Do you have a copy of the C&P? If not, get one. You need to know if the examiner had used the private testing results while evaluating you. This is very important.

I still believe Iraq didn't just have these weapons, but used them. The DOD assures us they weren't used. However my own experience in artillery leads me to believe otherwize. We counter fired on an Iraq artillery batalion that was sweeping a grid with random fire and no forward observers(fireing blind). We hit their ammo and killed the whole batalion with,,,,,,,their own sarin gas. The only reason I know of for artillery to fire blind, sweeping across an open area of their exposed flank, is to make that area uninhabitable. What better way to do that than chemical weapons or mines. Hmmmmmm.

So you have had two neuro-psych tests? One from the private Doc and one from the VA? It does not matter if you had a learning disability at 13. Before you enlisted you had to pass an enlistment exam. Had you been incapable of passing the exam you would not have been allowed to enlist. You were cognativly capable for service. "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)" This is more than a "learning disability" a 13 year old would have in my opinion. In fact, though I hate to use the word, a score in the 1st percentile in this catagory exceeds the definition for a child to be legaly retarded. The fact is,your injury has caused significant cognative problems you did not have prior to service. Your rating should include the whole of your disability. What if a person loses the use of an arm? Would the RO say "You are only entitled to a 20% because when you were 13 you broke your little finger and it didn't work quite right after that." Damn, the VA pisses me off sometimes.

Yes, your correct. This book has made mainstream media as a polical tool. What they are saying is Obama care(as it's called) will include directives like this to deny older citizens the right to health care. That instead they will be counciled to "prepare for death". The correlation is that many people think a national health care system will mirror the VA system.