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Tbi - 46 Year Later

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fielg

Question

During the TET OFFENSIVE (1967), My husband suffered head wounds from an RPG in three different areas: face (shrapnel still lodged), left cheek and back of head. His C&P reports dating back in the 1970s - tramatic brain injury was mentioned by examining medical attendent. He had to learn to reread, slowed mental ability, lack of concentration, emotionless... We didn't know the extent of his head injury until we received his C file or what TBI was He avoids everthing. Recently, he received 70% back to 2009 for TBI. We didn't claim it til recently but since it came up in the C&P exams, is there any way to get back pay? This was a war wound incurred in battle and just didn't pop up recently. Shouldn't C&P physicians be responsible for getting this disability. Is there anything we can do???

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HI.

Well, that's a tough one.

I think you'd get better advice posting this one in general claims section.

There is a possibility that the C&P exam that mentioned the TBI should have been considered an informal claim, but I'm afraid without a formal claim there is not much you can do to get an earlier effective date. Again, those in general claims would be better at answering and might not see the post here.

Are you satisfied with the current rating of 70%?

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  • HadIt.com Elder

The doctors are not responsible for getting the claimant the award. At that time a 3 person rating board would have made the decision. You have a potential claim for backpay to the 70's or maybe earlier. It would have to be a CUE claim but he might could win. You need someone who knows VA law. jmo

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During the TET OFFENSIVE (1967), My husband suffered head wounds from an RPG in three different areas: face (shrapnel still lodged), left cheek and back of head. His C&P reports dating back in the 1970s - tramatic brain injury was mentioned by examining medical attendent. He had to learn to reread, slowed mental ability, lack of concentration, emotionless... We didn't know the extent of his head injury until we received his C file or what TBI was He avoids everthing. Recently, he received 70% back to 2009 for TBI. We didn't claim it til recently but since it came up in the C&P exams, is there any way to get back pay? This was a war wound incurred in battle and just didn't pop up recently. Shouldn't C&P physicians be responsible for getting this disability. Is there anything we can do???

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  • HadIt.com Elder

What did he file for back in the 70's and what was his rating? Were all the facts and service medical records that were known before the raters. Did he get a purple heart? He has an obvious rating for PTSD that is very possible. TBI and PTSD are distinct injuries so he could get another rating. I sure would have a lawyer look this over for an earlier effective date for TBI.

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During the TET OFFENSIVE (1967), My husband suffered head wounds from an RPG in three different areas: face (shrapnel still lodged), left cheek and back of head. His C&P reports dating back in the 1970s - tramatic brain injury was mentioned by examining medical attendent. He had to learn to reread, slowed mental ability, lack of concentration, emotionless... We didn't know the extent of his head injury until we received his C file or what TBI was He avoids everthing. Recently, he received 70% back to 2009 for TBI. We didn't claim it til recently but since it came up in the C&P exams, is there any way to get back pay? This was a war wound incurred in battle and just didn't pop up recently. Shouldn't C&P physicians be responsible for getting this disability. Is there anything we can do???

fielg,

Prior to the rating that granted TBI at 70% with an effective date of 2009 -

what was he SC'd for and at what percentages ?

Prior to Oct 2008 the schedule for rating disability's only allowed a maximum

compensation level of 10% in relationship to DC 8045 - brain disease due to trauma.

The new reg criteria for 8045 can't be applied to this claim issue (TBI) prior to the new reg

criteria going into effect.

Below is the rating criteria in effect (70's, 80's, 90's etc..) for DC 8045 - brain trauma, prior to the new

DC 8045 - Traumatic Brain Injury.

Diagnostic Code 8045 pertains to brain disease due to trauma. Under DC 8045, purely neurological disabilities such as hemiplegia, epiletiform seizures, facial nerve paralysis, etc., resulting from brain trauma are rated under the diagnostic codes specifically dealing with such disabilities. Purely subjective complaints, such as headache, dizziness, insomnia, etc., are rated 10 percent and no more under Diagnostic Code 9304. This 10 percent rating cannot be combined with any other rating for a disability due to brain trauma. Ratings in excess of 10 percent for brain disease due to trauma under DC 9304 are not assignable in the absence of a diagnosis of multi-infarct dementia associated with brain trauma. 38 C.F.R. § 4.124a, DC 8045; 38 C.F.R. § 4.130, DC 9304.

Carlie passed away in November 2015 she is missed.

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fielg,

Prior to the rating that granted TBI at 70% with an effective date of 2009 -

what was he SC'd for and at what percentages ?

Prior to Oct 2008 the schedule for rating disability's only allowed a maximum

compensation level of 10% in relationship to DC 8045 - brain disease due to trauma.

The new reg criteria for 8045 can't be applied to this claim issue (TBI) prior to the new reg

criteria going into effect.

Below is the rating criteria in effect (70's, 80's, 90's etc..) for DC 8045 - brain trauma, prior to the new

DC 8045 - Traumatic Brain Injury.

Diagnostic Code 8045 pertains to brain disease due to trauma. Under DC 8045, purely neurological disabilities such as hemiplegia, epiletiform seizures, facial nerve paralysis, etc., resulting from brain trauma are rated under the diagnostic codes specifically dealing with such disabilities. Purely subjective complaints, such as headache, dizziness, insomnia, etc., are rated 10 percent and no more under Diagnostic Code 9304. This 10 percent rating cannot be combined with any other rating for a disability due to brain trauma. Ratings in excess of 10 percent for brain disease due to trauma under DC 9304 are not assignable in the absence of a diagnosis of multi-infarct dementia associated with brain trauma. 38 C.F.R. § 4.124a, DC 8045; 38 C.F.R. § 4.130, DC 9304.

While that's true about DC8045, that code was used to rate residuals-subjective complaints.

This, " He had to learn to reread, slowed mental ability, lack of concentration, emotionless" would be rated under DC9304-Dementia due to trauma(TBI or stroke or surgery). So yes, it's important to know what prior ratings were.

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What did he file for back in the 70's and what was his rating? Were all the facts and service medical records that were known before the raters. Did he get a purple heart? He has an obvious rating for PTSD that is very possible. TBI and PTSD are distinct injuries so he could get another rating. I sure would have a lawyer look this over for an earlier effective date for TBI.

[/q

10% in 1979 decision: Peripheral neuropathy of right trigeminal nerve due to shell fragment wounds - shell still lodged in face

C&P 3-29-79 - Examiner remarks - Post consussion syndrone, difficulty saying the words he was thinking or deciphering. He is describing his aphasia and alexia following the concussion. He states it has not persisted and has cleared up (which is totally WRONG)

30% increase in 2001

None of this considered memory loss, loss of using and saying the right words, depression, avoidance, slowed reading ability, etc. My husband is not competent is telling his true medical conditions. He wants everything to be okay - which is isn't.

2011 - 70% TBI - 30% depression - no PTSD

C&P prior medical exams talk about his TBI but no compensation given.

What do we do????

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