Nsc Adjustment Disorder With Depression & Anxiety?

[Rockhound]

I currently have a NSC Adjustment Disorder with Depression and Anxiety rated at 50% as it related to a Pension. My question is, If I am able to, now, four plus years later find that it was SC'able as secondary to a TBI claim due to cognitive dysfunction. Would I then have a claim for an EED on the award?

My thinking is that since I wasn't SC for the TBI at the time, four years ago, that no I wouldn't, even though the TBI happened many years prior to the recent claim for SC. What is your thinking on this?

The VA denied SC the TBI back then (they didn't call them TBI back then, rather they called them a cerebral concussion, minor, moderate, or severe), and because there wasn't any residual effects noted at the time, they had not to which they could rate. Of course my thinking is that I should have been SC even at 0% residuals, since I had all the indicators at the time of a brain injury: i.e. unconsious for a period, retrograde amnesia to the injury and a period of time leading up to it, fracture nasal bone showing trauma to frontal region of the head, and EEG tracings that showed adnormal slow wave activity of the frontal region of the brain, even after two follow up exams, head aches for a time acterwards, and moderate impairment to social and industrial adaptability, a condition listed at the time, as probably permanent.

A second question arrises with the last condition listed above. "moderate impairment to social and industrial adaptability, a condtion listed as probably permanent." If I had a moderate impairment to adaptability then and I now have a noted NSC 50% adjustment disorder. Why wasn't it considered for SC instead of NSC, now that residuals were clearly present?

Rockhound Rider :( :o

[Berta]

"If I am able to, now, four plus years later find that it was SC'able as secondary to a TBI claim due to cognitive dysfunction. Would I then have a claim for an EED on the award?"

If the VA SCs the residuals of TBI now-this would possibly be the valid basis to file a CUE on the older denial.

If the older denial was based directly on conditions that the VA subsequently awards SC on.

[George Patton]

"If I am able to, now, four plus years later find that it was SC'able as secondary to a TBI claim due to cognitive dysfunction. Would I then have a claim for an EED on the award?"

If the VA SCs the residuals of TBI now-this would possibly be the valid basis to file a CUE on the older denial.

If the older denial was based directly on conditions that the VA subsequently awards SC on.

The VA has changed the way in which TBI is evaluated--something that should have been done long ago. I always thought the percentage was too low and deciphering the many residuals somewhat difficult. Well, now the new procedure, I believe, is more generous; however, I have never seen anything this complicated. The VA could have made the new evaluation criteria much simpler--instead it is very complex and evaluators will have a difficult time rating TBI. The text used to support to the TBI decision is too convoluted.

[john999]

I would try and get the adjustment disorder and depression SC'ed first before I worry about CUE or EED's. You have to have a doctor state that your psychiatric disorders are secondary to the TBI. That is step number one.