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Anyone Familiar With Most Rating Guidelines?
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timetowinarace
I'm not sure I can make this a short request for information.
What I want to know is if there are any other VA rating guidelines for any condition other than brain trauma that restricts the percentage assigned due to subjective complaints.
The diagnostic code I'm refering to is:
8045 Brain disease due to trauma:
Purely neurological disabilities, such as hemiplegia,
epileptiform seizures, facial nerve paralysis, etc.,
following trauma to the brain, will be rated under the
diagnostic codes specifically dealing with such disabilities,
with citation of a hyphenated diagnostic code (e.g., 8045-
8207).
Purely subjective complaints such as headache, dizziness,
insomnia, etc., recognized as symptomatic of brain trauma,
will be rated 10 percent and no more under diagnostic code
9304. This 10 percent rating will not be combined with any
other rating for a disability due to brain trauma. Ratings in
excess of 10 percent for brain disease due to trauma under
diagnostic code 9304 are not assignable in the absence of a
diagnosis of multi-infarct dementia associated with brain
trauma.
The reason I ask is because these subjective complaints can be severe and complety debilitating. I believe this restriction on subjectve complaints is only used against brain injury. Meaning: Pain is a subjective complaint but can help determine a higher rating for back injury for example.
I've started reading through Title 38 but was hoping someone may know of this type restriction and shorten my search. I know there are caps on some disabilities such as migraines at 50% but these are capped regardless of evidence, subjective or medical. Specifically, I'm looking for caps on subjective complaints.
Thanks
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timetowinarace 2 posts
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