Jump to content
VA Disability Community via Hadit.com

VA Disability Claims Articles

Ask Your VA Claims Question | Current Forum Posts Search | Rules | View All Forums
VA Disability Articles | Chats and Other Events | Donate | Blogs | New Users

  • hohomepage-banner-2024-2.png

  • 27-year-anniversary-leaderboard.png

    advice-disclaimer.jpg

  • donate-be-a-hero.png

  • 0

Returned Rating With Many Mistakes

Rate this question


Dave C

Question

I filed a claim for TBI and residuals on 10/7/08. I have been given a rating of 10%. My first TBI (concussion) is from an auto accident that occured in 1975. I included the results of a neuropysch exam that states from the examiners point of view that I suffered a moderate TBI. I also had 2 other occurances where I received blows to the head. In my rating decision the VBA only used language to describe the 2nd or 3rd incident of head injury. They denied essential tremor as a result of head injury in 1975. So what they have done is skip the documented results of the first TBI when applying the facets of the new rating laws. They did not address the neurobehavioral aspect or my statement of claim where I asked that I be evaluated for depression as a result of the documented (and sent to them) evidence. I also asked in my statement that I be considered for exacerbation of pre service condition prior to entrance to service as I was trested for ADHD with ritalin, they also ignored that and didn't address it. I am ready to file a de novo review and feel like I should request an informal review hearing any suggestions are appreciated thanks Dave

Link to comment
Share on other sites

  • Answers 9
  • Created
  • Last Reply

Top Posters For This Question

Recommended Posts

Dave,

I normally do not suggest calling the VA 800 # for anything as

they really do not have the means to provide accurate information

on the status of claims.

In your case though, the VA might have an accurate answer for this question.

Call and ask them what Diagnostic Code/s (DC) you are currently

service connected for - and the effective date of each DC.

I think I saw in your profile that you are SC'd at 40 percent.

What are your other SC'd disabilities ?

jmho,

carlie

Link to comment
Share on other sites

Dave,

I normally do not suggest calling the VA 800 # for anything as

they really do not have the means to provide accurate information

on the status of claims.

In your case though, the VA might have an accurate answer for this question.

Call and ask them what Diagnostic Code/s (DC) you are currently

service connected for - and the effective date of each DC.

I think I saw in your profile that you are SC'd at 40 percent.

What are your other SC'd disabilities ?

jmho,

carlie

Hi there I am rated 10% for tinninitus 20% SC right knee for painful scar Mininscus removal and limited range of motion all averaged down to 30% all from a rating in 2006 under one claim. plus the new rating of 10% for residuals of TBI The conversation about that I was rated using both the old regs and the new regs is weird to me last week I had called my regional office and they hadn't recieved the request for increase yet thanks for your help I will keep calling them and post what happens here Dave

Link to comment
Share on other sites

Do you have a copy of your tbi C&P?

That is what you need.

If I was you, I would request a copy of your c-file now if you don't have it. All the information you need to know what is going on with your claims is in there.

Untill you know what the C&P examiner stated in the report, it's impossible to know what the rater based his decision on and what was ignored.

Link to comment
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
×
×
  • Create New...

Important Information

Guidelines and Terms of Use