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Anyone Familiar With Most Rating Guidelines?


timetowinarace

Question

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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Chronic fatigue syndrome carries many of the same symptoms as TBI. Yet CFS is rated allmost exclusivley on subjective complaints. The same subjective complaints that are restircted for brain trauma veterans. The fatigue itself if purely subjective.

Sec. 4.88a Chronic fatigue syndrome.

(a) For VA purposes, the diagnosis of chronic fatigue syndrome

requires:

(1) new onset of debilitating fatigue severe enough to reduce daily

activity to less than 50 percent of the usual level for at least six

months; and (subjective)

(2) the exclusion, by history, physical examination, and laboratory

tests, of all other clinical conditions that may produce similar

symptoms; and

(3) six or more of the following:

(i) acute onset of the condition, (Subjective)

(ii) low grade fever,

(iii) nonexudative pharyngitis,

(iv) palpable or tender cervical or axillary lymph nodes,

(v) generalized muscle aches or weakness, (subjective)

(vi) fatigue lasting 24 hours or longer after exercise, (Subjective)

(vii) headaches (of a type, severity, or pattern that is different

from headaches in the pre-morbid state), (subjective)

(viii) migratory joint pains, (subjective)

(ix) neuropsychologic symptoms,

(x) sleep disturbance. (Subjective)

(:lol: [Reserved]

[59 FR 60902, Nov. 29, 1994]

The veteran can be rated up to a total disability based on severity and duration of these symptoms.

My goal is to show that current law discriminates againt TBI veterans for rating purposes.

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