Jump to content

Sponsored Ads



  • Latest Donations

  • Advertisemnt

  • 14 Questions about VA Disability Compensation Benefits Claims

    questions-001@3x.png

    When a Veteran starts considering whether or not to file a VA Disability Claim, there are a lot of questions that he or she tends to ask. Over the last 10 years, the following are the 14 most common basic questions I am asked about ...
    Continue Reading
     
  • Advertisemnt

  • Most Common VA Disabilities Claimed for Compensation:   

    tinnitus-005.pngptsd-005.pnglumbosacral-005.pngscars-005.pnglimitation-flexion-knee-005.pngdiabetes-005.pnglimitation-motion-ankle-005.pngparalysis-005.pngdegenerative-arthitis-spine-005.pngtbi-traumatic-brain-injury-005.png

  • Advertisemnt

  • Advertisemnt

  • Ads

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

    employment 2.jpeg

    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

Sponsored Ads

  • Searches Community Forums, Blog and more

  • Donation Box

    Please donate to support the community.
    We appreciate all donations!
  • 0
bufloguy

Tbi C&p Yesterday

Question

Just had my C&P for TBI due to MVA 20 years ago. The examiner stated she read my c-file, and thanked me for putting together such a "great" claims package. She asked a few questions about the accident itself, memory, headaches, ect. Then checked my reflexes, vision, and asked about my sense of smell. On my way out the door, she stated that I was SC for TBI, and the RO willl decide my %. All totaled the exam was 7:36.

Does this sound right?

Share this post


Link to post
Share on other sites

Recommended Posts

x

x

x

Time, Thanks for that note to me. Since the veteran reports anxiety and depression, and you rightly suggest a separate C&P Exam for Mental Disorders; wouldn't this C&P Examiner have been required to submit a GAF score? Also, she did not comment on 'occupational impairment'? Is the veteran working? ~Wings

Share this post


Link to post
Share on other sites

Ad

x

x

x

Time, Thanks for that note to me. Since the veteran reports anxiety and depression, and you rightly suggest a separate C&P Exam for Mental Disorders; wouldn't this C&P Examiner have been required to submit a GAF score? Also, she did not comment on 'occupational impairment'? Is the veteran working? ~Wings

No problem.

Well, my opinon on the GAF would be no, the examiner would not be required to submit a GAF. The reason is the examiner was assesing(or should have been) cognative dissorder and other residuals wich is not a mental or mood dissorder. The examiner was not and did not examin the veteran for depression and anxiaty but made note of it in the exam. A GAF would be appropiate for a mental condition but is not suitable for a cognative dissorder because a person can have cognative issue and be quite happy(most of us know someone that is quite cognatively challeged that allways have a smile on their face).

What is supposed to happen by the 8045 code is if the RO has a report of mood disorder due to tbi, a C&P must be ordered and a seperate rating assigned. A GAF would be assigned at this time.

I think the veteran is working(I'm not positive). If the veteran is working, of course there will be no opinion from the examiner whether or not he's employable.

I hope that answers your questions.

Share this post


Link to post
Share on other sites

Thanks Time and Wings for the insight!

Wings, yes I am working, but having a hard time, I also have PTSD from the accident, and besides haviing a hard time driving, and having issues with remembering how to do my job, I have developed a nasty temper. GAF is normally reported arround 50. I filed the claim for PTSD at the same time as TBI, but for some reason I haven't had the PTSD C&P scheduled yet.

Time, thanks for pointing out the poss NOD on the memory issues esp since my memory is the bigest issue with the TBI.

Share this post


Link to post
Share on other sites
No problem.

Well, my opinon on the GAF would be no, the examiner would not be required to submit a GAF. The reason is the examiner was assesing(or should have been) cognative dissorder and other residuals wich is not a mental or mood dissorder. The examiner was not and did not examin the veteran for depression and anxiaty but made note of it in the exam. A GAF would be appropiate for a mental condition but is not suitable for a cognative dissorder because a person can have cognative issue and be quite happy(most of us know someone that is quite cognatively challeged that allways have a smile on their face).

What is supposed to happen by the 8045 code is if the RO has a report of mood disorder due to tbi, a C&P must be ordered and a seperate rating assigned. A GAF would be assigned at this time.

I think the veteran is working(I'm not positive). If the veteran is working, of course there will be no opinion from the examiner whether or not he's employable.

I hope that answers your questions.

Thank you Time. However, IMO, I still think the C&P Examiner might have opined on the veteran's employment/history, especially if there are current problems related to his TBI/cognative deficits. I think it would help if this report noted employment problems: subjective or objective. Something to consider for future exams. ~Wings

38 CFR 4.1 Essentials of evaluative rating.

This rating schedule is primarily a guide in the evaluation of disability resulting from all types of diseases and injuries encountered as a result of or incident to military service. The percentage ratings represent as far as can practicably be determined the average impairment in earning capacity resulting from such diseases and injuries and their residual conditions in civil occupations. Generally, the degrees of disability specified are considered adequate to compensate for considerable loss of working time from exacerbations or illnesses proportionate to the severity of the several grades of disability. For the application of this schedule, accurate and fully descriptive medical examinations are required, with emphasis upon the limitation of activity imposed by the disabling condition. Over a period of many years, a veteran's disability claim may require reratings in accordance with changes in laws, medical knowledge and his or her physical or mental condition. It is thus essential, both in the examination and in the evaluation of disability, that each disability be viewed in relation to its history.

[41 FR 11292, Mar. 18, 1976]

38 CFR 4.10 Functional impairment.

The basis of disability evaluations is the ability of the body as a whole, or of the psyche, or of a system or organ of the body to function under the ordinary conditions of daily life including employment. Whether the upper or lower extremities, the back or abdominal wall, the eyes or ears, or the cardiovascular, digestive, or other system, or psyche are affected, evaluations are based upon lack of usefulness, of these parts or systems, especially in self-support. This imposes upon the medical examiner the responsibility of furnishing, in addition to the etiological, anatomical, pathological, laboratory and prognostic data required for ordinary medical classification, full description of the effects of disability upon the person's ordinary activity. In this connection, it will be remembered that a person may be too disabled to engage in employment although he or she is up and about and fairly comfortable at home or upon limited activity. [41 FR 11292, Mar. 18, 1976]

38 CFR 4.2 Interpretation of examination reports.

Different examiners, at different times, will not describe the same disability in the same language. Features of the disability which must have persisted unchanged may be overlooked or a change for the better or worse may not be accurately appreciated or described. It is the responsibility of the rating specialist to interpret reports of examination in the light of the whole recorded history, reconciling the various reports into a consistent picture so that the current rating may accurately reflect the elements of disability present. Each disability must be considered from the point of view of the veteran working or seeking work. If a diagnosis is not supported by the findings on the examination report or if the report does not contain sufficient detail, it is incumbent upon the rating board to return the report as inadequate for evaluation purposes. [41 FR 11292, Mar. 18, 1976]

Edited by Wings

Share this post


Link to post
Share on other sites

Wings, I understand your point and don't disagree. However, I would have to read through the 8045 rating facets as each facet has it's own criteria, some of wich may include employment issues. This C&P seems to have been done directly the way tbi C&P's are supposed to, or 'by the book' with the exception of defering an opinion on the memory ect issues to the objective testing.

In my opinion, the examiner should have studied the test results and gave an opinion herself. I think this will turn out to be the bigger issue.

Share this post


Link to post
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now

  • Ads

  • Ad

  • Latest News
  • Our picks

    • OK so I had pancreatectomy in 2003 due to an impacted goldstone 2/3 of my  Pancreas was removed I am type one diabetes with very large scars continued diarrhea stomach problems Constant back and shoulder pain I recently received a Nexus letter from my  endocrinologist related to my service in the gulf war.  Any suggestions or advice from anyone
    • I would like to meet other Hadit members who live in Michigan.  We have at least two major VA Hospitals (Battle Creek, Ann Arbor).  Or maybe you go to the the John Dingell in Detroit.  

      I like Ann Arbor.  I like the fact that most of the doctors there are also at the UM Hospital.  I don't like how uickly they seem to turn over though.  
      • 2 replies
    • Really?
      I am confused.  A few days ago I spoke to a person at a VARO who said if I die from something other than service-connected my husband gets zero, zilch, squat.  Hmmmmmm, it seems the rules change willy-nilly...I have been rated 100% P & T for over 10 years, MS is static, and I am 56 years of age.

      Can a fellow Veteran shed a light on this?

      Thank you.
      • 15 replies
    • Fund raising for HadIt.com
      The site is supported through ads and ad free subscriptions, we are also asking for any support you would like to send our way. You can give a $1 or more it all helps. Keep in mind though that it is NOT tax deductible and we are NOT a non profit. As the site grows so do the costs and ads and subscription do not always keep pace with the costs. Any help is appreciated, but not required.
      • 9 replies
    • Carol Ozanecki- Blue Water vet Advocate called me with this news:

      https://www.stripes.com/news/lawmakers-launch-new-effort-to-provide-agent-orange-coverage-for-blue-water-navy-vets-1.525395

      Also there is a article in Pop Culture she sent to me----mentionig Blue Water vets buy I felt it was too political to post here. You can google it if you want to read it.

       

       
      • 9 replies
×

Important Information

{terms] and Guidelines