tinnitus Tbi

[timetowinarace]

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.

Let's forget the part that a veteran with migraines(no head injury) can be rated as high as 50% but the veteran with a TBI can get no more than 10% for the same thing with the addition of other symptoms.

So if a veteran is diagnosed with cognative dissorder (multi-infarct dementia) and gets rated at let's say 50% under diagnostic code 9304 dementia due to trauma (under the rating scale for mental dissorders), is that the only rating he/she is allowed for the TBI?

What if that same veteran suffers migraines at the 50% rate due to the TBI? And tinnitus? Or others that are ratable individually. Is this veteran to be held back to the single rating? This gets very confusing to me.

I know I have one rating under code 9304 at 100%. My conditions due to my TBI are:

Cognative dissorder-ratable at 100% alone.

MDD secondary to cognative dissorder-a ratable condition

Anxiaty secondary to cognative dissorder-a ratable condition

Migraine-ratable at 50%

tinitus-ratable at 10%

GERD ratable at 10%

there is more but the point is made

For me, with a 100% rating it doesn't matter a whole lot except I cannot get SMC no matter how many debilitating conditions I have due to my injury. But, the veteran that had these same conditions but the dementia only rated at 50% could not get a proper rating.

Let's say I filed a claim for the migraines, tinnitus, GERD. Would the claims simply be denied because I am already rated under 9304? Whether the rating is 100% or 50%. They are Symptomatic of TBI.

Time