tinnitus Help Interpreting New 8045 Dc (tbi)

[timetowinarace]

Basically, since I'm already 100% P&T, would it be benificial to seek a proper rating under the new 8045 DC.

The reason I am wondering is because of the seperate ratings now available. I am currently rated under one code, 9310 Dementia of unkown etiology (supposed to be 9304 Dementia due to trauma). My award letter lumped all my issues into this code, even my migraines, fatigue, tinnitus, depression, anxiaty, ect. I did not pursue a 10% rating for residuals under the old 8045 DC because that rating couuld not have been combined anyway. No point in stiring the pot for no gain.

http://www.warms.vba.va.gov/regs/38cfr/boo...rt4/s4_124a.doc

The revised code says:

"Evaluate emotional/behavioral dysfunction under §4.130 (Schedule of ratings–mental disorders) when there is a diagnosis of a mental disorder."

I am diagnosed with MDD and anxiaty. I believe the lowest rating I could get for these would be 70% considering VARO lowballing but my records would indicate 100% would be accurate.

Next:

"However, separately evaluate any residual with a distinct diagnosis that may be evaluated under another diagnostic code, such as migraine headache or Meniere’s disease, even if that diagnosis is based on subjective symptoms, rather than under the “Evaluation of Cognitive Impairment and Other Residuals of TBI Not Otherwise Classified” table."

My migraines would definatly be rated at max 50%. Tinnitus 10%.

Next:

"The table titled “Evaluation of Cognitive Impairment and Other Residuals of TBI Not Otherwise Classified” contains 10 important facets of TBI related to cognitive impairment and subjective symptoms. It provides criteria for levels of impairment for each facet, as appropriate, ranging from 0 to 3, and a 5th level, the highest level of impairment, labeled “total.” However, not every facet has every level of severity. The Consciousness facet, for example, does not provide for an impairment level other than “total,” since any level of impaired consciousness would be totally disabling. Assign a 100-percent evaluation if “total” is the level of evaluation for one or more facets. If no facet is evaluated as “total,” assign the overall percentage evaluation based on the level of the highest facet as follows: 0 = 0 percent; 1 = 10 percent; 2 = 40 percent; and 3 = 70 percent. For example, assign a 70 percent evaluation if 3 is the highest level of evaluation for any facet."

and from the table,

Memory, attention, 0 No complaints of impairment of memory, concentration, executive attention, concentration, or executive

functions. functions.

1 A complaint of mild loss of memory (such as

having difficult following a conversation, recalling

recent conversations, remembering names of new

acquaintances, or finding words, or often misplacing

items), attention, concentration, or executive

functions, but without objective evidence on testing.

2 Objective evidence on testing of mild impairment of

memory, attention, concentration, or executive

functions resulting in mild functional impairment.

3 Objective evidence on testing of moderate

impairment of memory, attention, concentration, or

executive functions resulting in moderate functional

impairment.

Total Objective evidence on testing of severe impairment

of memory, attention, concentration, or executive

functions resulting in severe functional impairment.

Because I've been found to be not competent to handle my own funds because the C&P psychiatrist, using my neuro-psych test results, determined that I am not competent because of my memory and other cognative problems, I can't imagine getting anything less than Total in this one facet. There is no need to continue with the rest of the facets here as it only takes one to get 100%.

So the way I am interpreting this, I believe I would have ratings of 70%+, 50%, 10% and 100% given the short time I have studied the new 8045 DC. What would be the advantage of doing so, and does it outweigh the disadvantage of poor rating probability and a stressfull envirnment?

Any thoughts welcome.

[tssnave]

Unless you are married and think you may die from one of the specific disabilities that fall under the one general category and are concerned about your wife getting DIC if you die before the 10 years @ 100% P&T mark, I would leave it all alone.

Is there some reason that you would want to monkey with your 100% P&T claim that I'm not catching?

Thanks,

TS Snave

[carlie]

time,

Unless it would enable you to get A&A or housebound I wouldn't

stir that pot. You'r 100% P&T so why fix it if it ain't broken.

jmho,

carlie