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Tbi Or Post Concussion Syndrome

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militarynurse

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Now here's a gem I got in a letter from the VA today: "Please be advised that you were previously denied Service-Connection for TBI and you are currently Service-connected for Post Concussive Syndrome." Huh?

Now, it would seem inherently logically that in having a post concussive syndrome that one must have suffered at minimum a concussion...which according to the VA's own manual is the result of a TBI.

Any opinions on how to respond to this?

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militarynurse,

This is the pre Oct 2008 rating criteria for DC 8045

Under Diagnostic Code 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

headaches,

dizziness,

insomnia, etc.,

which are 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. 38 C.F.R. § 4.124a,

Diagnostic Code 8045 (2007).

If you compare this to the post Oct 2008 rating criteria for DC 8045, you will see a tremendous, more adventageous rating allowed for this disability.

I am currently rated under the pre Oct 2008 DC 8045 - Brain disease due to trauma

Post Concussion Syndrome criteria. This limited me to 10 % due to headaches.

While on AD, I had 3 concussions back to back, within about a 4 month timeframe.

My Seizures due to the last concussion were rated separetly.

Dizziness, depression, change in personality and cognitive deficiencies were not

really even considered much or rated, under the old DC 8045.

I will soon be re-evaluated under the New criteria.

If you have a SC'd disability due to PCS - I would notify the VA that PCS

became ratable under the new DC 8045 - that went into effect Oct 2008

and I would like to be re-evaluated under the new rating criteria.

jmho,

carlie

Excellent information Carlie. ~Wings

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