Regs For Dc 8045 (brain Trauma) - Pre Oct 2008 Changes

[carlie]

If you had SC Brain Trauma before the changes made to DC 8045

prior to the changes made Oct 2008 - this was the criteria VBA was

to rate 8045 under.

carlie

The veteran's service-connected disorder is rated under the

provisions of Diagnostic Code 8045 of the VA's Schedule for

Rating Disabilities. 38 C.F.R. Part 4. He has been

assigned a 10 percent evaluation. Under Diagnostic

Code 8045, purely subjective complaints (such as headache,

dizziness, insomnia, etc.) recognized as symptomatic of

brain trauma will be evaluated as 10 percent disabling and

no more under 38 C.F.R. Part 4, Code 9304. The 10 percent

evaluation will not be combined with any other evaluation

for a disability due to brain trauma. Ratings in excess of

10 percent for brain disease due to trauma under 38 C.F.R.

Part 4, Code 9304, are not assignable in the absence of a

diagnosis of nonpsychotic organic brain syndrome with brain

trauma. 38 C.F.R. Part 4, Code 8045.

[Berta]

Good info Carlie

They rated my husband 90% for this (and he had SSA award for it too which was then changed solely to SSA for PTSD)

The 90 % they can him (which should have been 100%) was for brain trauma from a major Stroke under Section 1151.

I think this is the DC reg I used in my CUE. (pending and altered by my award in April)

With the 100% PTSD and the 100% CVA they said he was Not eligible under any circumstance for SMC.

My butt he wasn't eligible for SMC.

Funny how they have been completely ignoring my legal evidence for that CUE.

It came from M21-1, 38 CFR and from the VA General COunsel in a Presedent opinion regarding 1151 cases and SMC.

It seems they use this DC for all brain trauma to include TBI , as well as stroke.

And it all must be retaed separated from PTSD or any non related mental disorder.

[Berta]

PS they have to rate his CVA now under the newer DC?

or older one as SC due to diabetes from Vietnam-need to think about that-

And they have to rate 6 years of DMII never appearing in his med recs as diagnosed as well as his fatal AO heart disease-hidden in the med recs- but proven too

no wonder they don't want to resolve my claim-

I told them $62,000 in SMC (Nehmer case -so better EED)would be close enough.

:P