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  • Can a 100 percent Disabled Veteran Work and Earn an Income?

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    You’ve just been rated 100% disabled by the Veterans Affairs. After the excitement of finally having the rating you deserve wears off, you start asking questions. One of the first questions that you might ask is this: It’s a legitimate question – rare is the Veteran that finds themselves sitting on the couch eating bon-bons … Continue reading

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bigoc

Question About Rating Criteria

Question

I am currently waiting for a rating decision on my claim for TBI.  I have had the C&P exam for TBI.  

My question is, how a civilian neuropsychological test results would help my claim for TBI?

I had a the civilian test done and while the entire results are long, a few sections of the results almost mirror the rating criteria for total in the VA diagnostic code 8045.

I will list a few results from the civilian neuro test results:

Under Attention:1.  Notable difficulty in selective, focused, and divided and/or alternating attention(moderate)2.  Impairment in concentration (mild-moderate)

Memory:1.  Problems in verbal short-term memory marked by loss of information due to decay or interference(mild)

Learning and Memory:1. Moderate-severe impairment in ability to learn and immediately recall simple familiar words from a list when given opportunities for rehearsal and repetition; notable inability to remember expected number of words after 5 repetitions (CVLT Total List A < 1st %tile), a significantly below-average performance in comparison to age and education cohorts (moderate-severe)

Final diagnoses:

Post-Concussion SyndromeConcussionsDysthymic disorderPost-Traumatic Stress Disorder

Summary:

*  Probable degradation in (1) general intellectual ability and impairment in aspects of cognition, including (2) attention and concentration; (3) language and communication, particularly verbal fluency; (4) learning and memory , especially in the acquisition of new information and recall from short-term memory; (5) and, higher order processes such as cognitive flexibility*Depression with anxiety

I was wondering how this testing would compliment my claim since I included it in my claim and a copy was included with my C&P exam.  During the abbreviated neuro eval the VA does I had similar difficulty with as my civilian test.  There were references to Moderate and Moderate-severe in the civilian test and I feel this meets the rating criteria for rating code 8045 such as "objective evidence on testing of severe impairment of memory, attention, concentration, or executive function resulting in severe functional impairment.  And all of this is assuming service connection.

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Hello to Carlie or anyone that has experience wid TBi claims,

Im looking for some help wid da same questions bigoc has raised.

If Neurology has diagnosed mild TBI(and according to VA regs mild or severe TBI diagnosis has not affect on the % rating), given objective tests and results are severe wouldnt VA have to follow that result for evaluation and meeting the criteria for minimum 70% rating on the memory and attention portion for a neuro-psych test...?????

This is regardless of an Rx for mental condition since these symptoms are, according to DRS, more TBI than PTSD???

This is givin its combat related...

THX JACK

I am currently waiting for a rating decision on my claim for TBI. I have had the C&P exam for TBI.

My question is, how a civilian neuropsychological test results would help my claim for TBI?

I had a the civilian test done and while the entire results are long, a few sections of the results almost mirror the rating criteria for total in the VA diagnostic code 8045.

I will list a few results from the civilian neuro test results:

Under Attention:1. Notable difficulty in selective, focused, and divided and/or alternating attention(moderate)2. Impairment in concentration (mild-moderate)

Memory:1. Problems in verbal short-term memory marked by loss of information due to decay or interference(mild)

Learning and Memory:1. Moderate-severe impairment in ability to learn and immediately recall simple familiar words from a list when given opportunities for rehearsal and repetition; notable inability to remember expected number of words after 5 repetitions (CVLT Total List A < 1st %tile), a significantly below-average performance in comparison to age and education cohorts (moderate-severe)

Final diagnoses:

Post-Concussion SyndromeConcussionsDysthymic disorderPost-Traumatic Stress Disorder

Summary:

* Probable degradation in (1) general intellectual ability and impairment in aspects of cognition, including (2) attention and concentration; (3) language and communication, particularly verbal fluency; (4) learning and memory , especially in the acquisition of new information and recall from short-term memory; (5) and, higher order processes such as cognitive flexibility*Depression with anxiety

I was wondering how this testing would compliment my claim since I included it in my claim and a copy was included with my C&P exam. During the abbreviated neuro eval the VA does I had similar difficulty with as my civilian test. There were references to Moderate and Moderate-severe in the civilian test and I feel this meets the rating criteria for rating code 8045 such as "objective evidence on testing of severe impairment of memory, attention, concentration, or executive function resulting in severe functional impairment. And all of this is assuming service connection.

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Since this was an actual test I would think it would have substantial weight. They should address this in their decision and it would be hard to address this evidence without giving the correct rating.

Billy

Well over 369 set of eyes have looked at this..if anyone has any experience related to this chime in....

A VSO from AM. Legion told me that raters r bein TOLD by their supervisors to not rate the higher % unless it is SEVERE TBI regardless of ANY diagnostic and objective testing that would meet the criteria for a high %. That burns my ass.....

JACK

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Hello to Carlie or anyone that has experience wid TBi claims,

If Neurology has diagnosed mild TBI(and according to VA regs mild or severe TBI diagnosis has not affect on the % rating), given objective tests and results are severe wouldnt VA have to follow that result for evaluation and meeting the criteria for minimum 70% rating on the memory and attention portion for a neuro-psych test...?????

Jack,

No I do not feel there is a

"minimum of 70 % 70% rating on the memory and attention portion".

The criteria is extremely involved - the percentage granted for the "residuals of TBI"

are quite complex - there is so many variables as to if one's testing would be

equlivent to the 1 - 2 or 3 critera for percentage levels.

Something I find very important in the new (oct 2008) criteria to concentrate on is:

Note (1):There may be an overlap of manifestations of conditions evaluated

under the table titled “Evaluation Of Cognitive Impairment And Other Residuals Of TBI Not Otherwise Classified” with manifestations of a comorbid mental or neurologic

or other physical disorder

that can be separately evaluated under another diagnostic code.

In such cases, do not assign more than one evaluation based on the same manifestations.

If the manifestations of two or more conditions cannot be clearly separated, assign a single evaluation under whichever set of diagnostic criteria allows the better assessment of overall impaired functioning due to both conditions.

However, if the manifestations are clearly separable, assign

a separate evaluation for each condition.

This is regardless of an Rx for mental condition since these symptoms are, according to DRS, more TBI than PTSD???

Jack,

It is irrelevant if the mental condition (disability) is Dx'd as from the TBI or PTSD -

VA only pays for compensation for one MH disability.

This is givin its combat related...

Jack,

None of it HAS to be combat related.

carlie

THX JACK

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For Carlie,

""Jack,

No I do not feel there is a

"minimum of 70 % 70% rating on the memory and attention portion".

The criteria is extremely involved - the percentage granted for the "residuals of TBI"

are quite complex - there is so many variables as to if one's testing would be

equlivent to the 1 - 2 or 3 critera for percentage levels.""

But if the TBI new regs state for example that if this area like memory and attention portion" is severe then the raters HAVE to abide by the regs which state that it should be rated at 70% or3 criteria( my numbers could be off here.) This is regardless of other symptoms, diangosis or ratings as long as no pyramid.

I understand PTSD n TBI have alot of similar symptoms.

Jack,

It is irrelevant if the mental condition (disability) is Dx'd as from the TBI or PTSD -

VA only pays for compensation for one MH disability.

So I understand u r sayin cant git 2 mental comps..and TBI isnt considered mental..correct???

Maybe another appraoch to ratings is not pursue TBI but other symptoms of it like....

Migraines and Vertigo????

Im havin both n seen VA DRS n therapist for Vertigo for it. Not sure if theyve diagnosed me wid it. They cant decide if Vertigo is vestibular...Thevee ruled out menieres but think its caused by head trauma. I have kept weekly log of both Migraines and Vertigo. I figured that could help but VA DRS say they dont need that. I have to say I HAVE NOT been to any emergency room as I cant afford it so I need help in proving MIGRAINES r capacitating. Both occur bout 4x a month and I HAVE to stop what Im doin.

Im also 70% PTSD n total 80%. DO not work. Cant work because of these conditions. VA pscyh DRS have written letters stating that I cant work and clinically why I cant work.

Ive been advise by VA n legion rep to submit claim for IU and have the proof from the VA DR wid the letter. I havin trouble in my mind on pursin anything that says that I cant work like IU. I have no intentions of obtainin work at this point as I know I cant do it cause of said conditions. I figured that pursuing claims wqid other conditions I have might git me to 100%. I hat to be labeled wid anythin that say unemployable.

I also havent filed for SSDI as Im havin the same problems within my mind wid pursing it.

Migraines @50% and Vertigo @30% along wid 80% total will not git me to 100% so maybe filin for IU might be the best bet

THX

JACK

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I also havent filed for SSDI as Im havin the same problems within my mind wid pursing it.

recruit,

you're the ONLY one that needs to know you're IU or SSD, no one else. Even if someone ask you what you do for a living all you HONESTLY have to tell them is you're medically retired or just retired if the term "medically" problems you.

It was probably tough for most of us at first but just accept you have a condition that's not your fault. The longer you wait the more you lose as far as your EED.

frank

Edited by WHOLESALE

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