Tbi Va Low Ball Help

[bigoc]

I am rated by the VA for TBI at 40%. I have had a neuro-psych exam and the findings fit the 70% criteria. The VA rated me lower because of a finding of a learning disability referenced in my childhood doctors files. Yes this is what they used to give me a lower rating. I guess it amounts to a preexisting condition. I filled a NOD stating and referring to the exam. I believe the time as passed to file another NOD. I should have asked for help earlier but it is what it is.

Is there anything I can do? Possible have another exam.

Also the neuro exam that I refer to was privately administered and submitted by me with my claim. The VA never sent me to have an exam other than meeting with a psychologist to answer a few questions. I am certain it was not an full neuro-psych exam.

[bigoc]

Thank you for explaining it again and I am sorry for making you go a little crazy explaining it multiple different ways. I do appreciate it greatly though. I have been kind of under the impression that I was generally screwed with fixing this claim. I now have a bit of hope on coming out ok in the end. I think I am going to try for the 100%. I will however not be all that disappointed if I only get an increase from 40 to 70%. The only last question I have is if there are any key statements to put in my claim. I have a pretty good Idea of how to word a request for increase. I just do not want leave out anything that is a critical for success.

Thanks again to all that have contributed.

[timetowinarace]

I don't mind explaining so no apollogy needed. I have some issue with my own VA stuff that I should have resolved by now but just can't bring myself to take the time to learn what I need to and go through the proccess. It's very frustrating. So, I understand your position.

I've thought allot about what you should include in your claim for increase. To be honest, I can't make up my mind.

I'll go back and read the thread again when I get a little time and a clear head.

[timetowinarace]

bigoc,

The only thing I think I would add in a statement of claim for increase is that your rating for cognative impairment should be based on the results of the objective testing you've had and not just based the subjective opinion of an examiner at the time of the exam. You might include this:

---------------------------------------------------------------------------------------------

Facets of cognitive

impairment and other

residuals of TBI not

otherwise classified Level of

impairment Criteria

Memory, attention, concentration, executive functions 0 No complaints of impairment of memory, attention, concentration, or executive functions.

1 A complaint of mild loss of memory (such as having difficulty following a conversation, recalling recent conversations, remembering names of new acquaintances, or finding words, or often misplacing items), attention, concentration, or executive functions, but without objective evidence on testing.

2 Objective evidence on testing of mild impairment of memory, attention, concentration, or executive functions resulting in mild functional impairment.

3 Objective evidence on testing of moderate impairment of memory, attention, concentration, or executive functions resulting in moderate functional impairment.

Total Objective evidence on testing of severe impairment of memory, attention, concentration, or executive functions resulting in severe functional impairment.

-----------------------------------------------------------------------------------------------

And apply this test result to to the above rating criteria:

Learning and Memory

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 on his initial effort and immediately recall expected number of words after five repetitions (CVLT Total List A < 1 st %ile), a significantly below-average performance in comparison to age and education cohorts

Point out that your your objective evidence matches the rating criteria for Total.

That should get the ball rolling to your benifit.

Edited March 18, 2011 by timetowinarace

[bigoc]

Thank you to all that contributed to this. I put the claim in and now I start the waiting. I will be curious what comes back.

[bigoc]

I had the new C&P exam on monday. What an experience. The VA examiner was very bazar. I had the same one 2 years ago for my first attempt at this. She asked what had changed and why I had come in. Explaining that I thought my symptoms and condition are more severe than my rating was almost as if I was talking to the wall. She proceeded to tell me that the TBI conditions do not get worse. I understand this and she just was not understanding that I was there because of an inaccurate original rating. I hate to give up on someone but this examiner has pretty much left me with my hands in the air. Either she was that set on not being cooperative or she truly is unable to understand the situation. I sent my neuro exam in with my claim for an increase. I am hoping that the rater is better at understanding the situation of which I explained in my request. If my claim has to rely on the examiner, I have a 100% certainty that I will be denied. And the VA examiner gave me another one of her quick(20 minute) tests and 3 pages of questions to fill out. I still do not understand what this is for. A full neuro-psych test takes several hours. I am feeling a NOD already and maybe even lawyer involved.

[timetowinarace]

That was quick to get a C&P already.

Did you make sure she had read the Neuro test results?