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Tbi Va Low Ball Help

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bigoc

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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.

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Yes I did my best to make sure she had read it, however she was bordering on confrontational when it came to discussing my symptoms and severity of my TBI. Given that, I remained as professional as possible and just moved on. She was set with her opinion and I do not think there is anything else I could say to her. She would laugh after everything she said, like a guilty laugh or she was not being truthful laugh. Like I said it was very bazar and I hope I can get through this issue with the rating office which I know has the private neuro-psych exam as well. I can not imagine anything different is going to come out of this examiners opinion so will the rating office look at the exam I submitted as well? Thanks again.

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I suggest getting a copy of the C&P exam report. That way you won't have to guess what she put in in it and you can be prepared to NOD if neccisary after a decision.

I have had C&P's that I thought went badly but the exam report was favorable.

Untill we know what the C&P report says, there is no way to know how to procede.

The rating office will look at your other records. Do you have a copy of the C&P exam report from the first desision? Or a copy of your c-file?

edited to add:

Okay, I suspect you don't have a copy of your c-file. Here is what I think you should do.

Call VARO every so often to see if the new C&P report has been submited to your records. Once the new C&P is in your records/has been recieved by VARO, request a copy of your whole c-file.

I have not personally dealt with VARO lately and only check the TBI forum now-a-days so I don't know how they deal with c-file requests now. If something procedural has changed, hopefully someone will chime in.

Edited by timetowinarace
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