OK here is what the Reasons for decision says in full on the returned claim. Notice they have not addressed the nuerobehavioral facet at all.
1. Service connection for residuals of traumatic brain injury.
We have granted service connection for residuals of tramatic brain injury because service treatment records show you were hit on side of head, one blow to each side with completes of severe headaches. (the mispelled are as the VA wrote it) Records show that you sustained a laceration to back of the head.
The evaluation assigned is based upon the highest level of severity for any facet of cognitive impairment and other residuals of TBI not otherwise classified as determined on examination. Only one evaluation is assigned for all the applicible facets. A higher evaluation is not warranted unless a higher level of severity is established on examination. Physical and/or emotional/behavioral disabilities found on examination that are determined to be residuals of traumatic brain injury are evaluated seperately.
A level of severity of "1" has been assigned for the memory, attention, concentration, executive functions facet, indicating that an examiner has found evidence such as a complaint of mild loss of memory,(such as difficulty following a conversation, recalling recent conversations, remembering recent conversations, remembering names of new aquaintances, or finding words, or often misplacing items), attention, concentration, or executive functions, but without objective evidence on testing. A higher level of severity of "2" is not warranted unless an examiner finds evidence on testing of mild impairment of memory, attention, concentration, or executive functions resulting in mild functional impairment.
We have assigned an effective date of October 7, 2008, date of receipt of your claim.
A level of severity of "1" has been assigned for the subjective symptoms facet, indicating that an examiner has found evidence of 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 light. A higher level of severity of "2" is not warranted unless an examiner finds evidence of 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.
The evaluation assigned for cognative impairment and other residuals of TBI not otherwise classified is based upon the highest level of severity for any facet as determined by examination. Only one evaluation is assigned for all the applicable facet. The evaluation assigned is 10 percent based upon the highest level of severity level of "1" which was assigned for the following facets: memory, attention, concentration, executive function; subjective symptoms.
This is all that is written there are no refrences to the other facets such as the neuro behavioral.
They also worded the following which refers to my claim of essential tremor as secondary to the service connected disability of traumatic brain injury.
Service connection may be granted for a disease or injury which resulted from a service connected disability or was aggravated thereby. VA treatment notes and VA examination do not show that essential tremor is related to the service connected residuals of TBI, nor is there any evidence of this disability during service. VA examiner reviewed your claim folder and provided an opinion that essential tremor is less likely caused by your TBI since onset of essential tremor was in 1997, 22 years after the TBI in 1975.
So what they have done is not complete because they didn't address the neurobehavioral facet and that they used a TBI that occured scondary to the initial TBI which caused me the most damage in 1975. The TBI the VA refers to at first in the response happened AFTER the TBI they acknowledge happened in 1975 which in my SOC I told them what happened to me neuro behavioral wise after the FIRST TBI which was in 1975. They haven't even addressed the Neurobehavioral facet for any of the concussions.
Thanks for your help any suggestions are welcome Dave