Va Dr Stated Tbi - Never Sent For Tbi Test - Cue?

[sammy]

My husband has an anoxic brain injury.

He has been 100% service connected for Dementia but I recently reviewed his C&P exam.

The neuropsyce was asked if the veteran has a TBI and he answered YES. He was never sent for a TBI exam. Would this be considered Cue under 38 CFR 4.20 which talks about analogous ratings.

[carlie]

My husband has an anoxic brain injury.

He has been 100% service connected for Dementia but I recently reviewed his C&P exam.

The neuropsyce was asked if the veteran has a TBI and he answered YES. He was never sent for a TBI exam. Would this be considered Cue under 38 CFR 4.20 which talks about analogous ratings.

Not being sent for a TBI exam does not meet the criteria for CUE.

[sammy]

Thanks Carlie....what about the rating for Dementia instead of Anoxic Brain Injury?

Is there another way to address it as CUE?

[carlie]

Thanks Carlie....what about the rating for Dementia instead of Anoxic Brain Injury?

Is there another way to address it as CUE?

sammy,

CUE is only filed on a final, unappealed rating decision.

What is the issue you are thinking of CUE on -

by issue I mean medical condition / diagnosis ?

Was service connection requested for this issue

and was it denied ?

If yes - what is the date of the denied issue ?

[sammy]

Carlie,

Thanks...

Our decision was final and unappealed.

The issue we are thinking of cueing is TBI - analogous rating with anoxic brain injury.

Service connection was not requested for this issue. We did not request service connection for

TBI or Anoxic.

We filed for A&A and were granted service connection for Dementia, post anoxic brain injury as secondary to IHD.

My husband has many cognitive deficits and needs 24/7 attendance. If not for myself and hired help he would be in a nursing home.

I am trying to service connect for TBI as the compensation is much higher than that of which we receive.

We have not had a denial but our date of this decision is Aug 3 2012.

[Berta]

No CUE here in my opinion.

I think the VA used the analogous rating for TBI to cover the disability of anoxic brain injury, not 'in addition to' the anoxia brain injury.

"We have not had a denial but our date of this decision is Aug 3 2012."

That is not a final and unappealed decision as you still have time to appeal it.

Can you scan and post the Rating Sheet and the Reasons and bases for the decision here? (Cover the C file number and the veteran's name etc)

One of my husband's ( US Army) died from the results of a brain tumor.

The surgeons who removed the tumor made the point that all invasive brain surgery creates ,in essense, brain damage.

My point here is that either the Neuro surgeon considered the anoxia injury as a traumatic brain injury unlike what we are seeing in OEF veterans, or he used the TBI term because the rating schedule said this condition was similiar to, thus analogous to, that of a TBI rating.

The TBI definition that VA rates on, is in this forum.

"I am trying to service connect for TBI as the compensation is much higher than that of which we receive."

I dont see how you arrived at that statement.

"He has been 100% service connected for Dementia but I recently reviewed his C&P exam."

Is that a rating in addition to the anoxic brain injury or is it the rating due to the residuals the brain trauma injury?

You mentioned you filed for A & A.

Did the VA consider him for the SMC HB award when they awarded the 100% for Dementia?

We could determine if they should have awarded him SMC HB,(Housebound) if we can read the actual decision and rating sheet.

[carlie]

Ditto on Berta's post and questions.