darius

Okay. Thanks. To be clear, if the one-year has not elapsed, then "evidence" within the C file (i.e., the C&P doctor's notes) can be cited and used to argue that the evaluator did not use all the available information available.

What constitutes "new" evidence in a NOD? For instance, if my C file indicates the C&P doctor's medical opinion, and then the VA evaluator did not use all of it, can I cite the C file as "new" evidence? Also, does the evaluator only rate you on what you specifically filed for? Or, if the C&P doctor, in my case, a TBI specialist, indicates many problems not formerly in my paperwork, but directly caused by the head/brain injury, do these have to be claimed formally to be rated?

Thank you Wings for posting. (I wasn't able to reply to the other thread) I looked at the requirements for TBI. My C file indicates all of those criterions separately by the C&P doctor. Yet, I'm not rated as having TBI. I'm so confused. Is this something that the VA will automatically correct given the new legislation? If it is already in my C file, is it enough to write a letter pointing out what their doctor already stated, or are they going to require another exam?

Will the benefit changes for mild TBI impact soldiers diagnosed with post concussion syndrome? What does the VA say the differences are between the two?