Jump to content


  • veteranscrisisline-badge-chat-1.gif

  • Advertisemnt

  • Trouble Remembering? This helped me.

    I have memory problems and as some of you may know I highly recommend Evernote and have for years. Though I've found that writing helps me remember more. I ran across Tom's videos on youtube, I'm a bit geeky and I also use an IPad so if you take notes on your IPad or you are thinking of going paperless check it out. I'm really happy with it, I use it with a program called Noteshelf 2.

    Click here to purchase your digital journal. HadIt.com receives a commission on each purchase.

  • 14 Questions about VA Disability Compensation Benefits Claims

    questions-001@3x.png

    When a Veteran starts considering whether or not to file a VA Disability Claim, there are a lot of questions that he or she tends to ask. Over the last 10 years, the following are the 14 most common basic questions I am asked about ...
    Continue Reading
     
  • Ads

  • Most Common VA Disabilities Claimed for Compensation:   

    tinnitus-005.pngptsd-005.pnglumbosacral-005.pngscars-005.pnglimitation-flexion-knee-005.pngdiabetes-005.pnglimitation-motion-ankle-005.pngparalysis-005.pngdegenerative-arthitis-spine-005.pngtbi-traumatic-brain-injury-005.png

  • Advertisemnt

  • VA Watchdog

  • Advertisemnt

  • Ads

  • Can a 100 percent Disabled Veteran Work and Earn an Income?

    employment 2.jpeg

    You’ve just been rated 100% disabled by the Veterans Affairs. After the excitement of finally having the rating you deserve wears off, you start asking questions. One of the first questions that you might ask is this: It’s a legitimate question – rare is the Veteran that finds themselves sitting on the couch eating bon-bons … Continue reading

  • 0
Sign in to follow this  
NavyWife

Tbi Exam Guidelines

Question

http://www.benefits.va.gov/PREDISCHARGE/DOCS/disexm58.pdf

12 page guideline the VA docs must use for a TBI assessment.

Review this along with the ratings guide for 8045 to be well prepared for the C & P exam.

http://www.benefits.va.gov/WARMS/docs/regs/38cfr/bookc/part4/s4_124a.doc

After the exam, go to the Release of Information office at the VAMC & request a copy of the exam be mailed to you. Or MyHealth E Vet website Blue Button feature will allow you to view it in 3 days. Check over the exam report to make sure doc wrote down correctly what you said. If not, you can fill out a form to request a correction of your medical records.

  • Like 2

Share this post


Link to post
Share on other sites

1 answer to this question

Recommended Posts

  • 0

Let me add a few words... 

I was rated in 2016 for my TBI.. my exam consisted of: 

1.  being asked questions about memory,

2. draw a simple picture from memory ( after examiner showed the picture )

3. Questions about head aches....

It was really a very easy exam

 

Lately I did have an exam for my eyes... at the local VA.. when I tried to get the C/p results ,   there is a note saying it is blocked from my receipt for 30 day.... in the pass the c/p exam was available in 3 days..

BY the way  I received an increase in my eye disability from 30% to 60%  .. it took the va 3 working days after the exam to make the award.

 

 

 

Edited by Richard1954

Share this post


Link to post
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.
Note: Your post will require moderator approval before it will be visible.

Guest
Answer this question...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.

Sign in to follow this  

  • Similar Content

    • By JaeT.21
      I have 4 C&P exams this Friday. All for increases. (Migraine, PTSD/depression/anxiety/chronic pain/agoraphobia, bilateral foot pain and knee pain increase [including VA issued knee brace and civilian issued AFO foot brace]).
      Should I have my wife ad adult kids who both witness and suffer from my mood swings, depression, anxiety and antisocial like living on a daily basis? They can also talk about my constant leg pain and migraines.
      I also want my supervisor to do one regarding my migraines that have me leaving work early, alot. But that is a touchy subject, because I don't want me asking him to affect my employment.  Also I hide a lot from them, to keep my job, like  just suffer with headaches and migraines at work. Or fake my way through the day, pretending to want to be around people. 
       
    • By awgv001
      Hello!
      First off, Thank you all! - for this website, your time, and your passion towards helping fellow veterans!
                    Started the PEB process on active duty (2012 at the time), so I'm just trying to sort this out and find where things went wrong.
      The claims submitted among this process only listed 3 contentions - of which the DoD rated me unfit at 10% W/ severance pay, while the VA rated those conditions (totaled) to 40% upon exiting service.
      My story - First, I don't agree with the PEB findings, but I signed off on it at the time without a full understanding of "what I could claim", so once the ball got rolling I found myself trying to correct my own mistakes along the way.
      I want to particularly point out to the Experts here that signing off on my PEB, as well as false statements/misquotations made by an off base neurologist has been used against me in regard to denial for SC TBI. In one denial, they took the exam from the off base neuro i saw, and threw the (positive) other out - Denying me the benefit of the doubt, or even the 50-50 rule.... The situation now is that I have a second doctor, who wrote a Nexus concurring with the diagnosis and rationale of the specialist I was treated by. (So 2 doctors post-service vs. the 1 I saw who didn't have all the details, lay statements, and misquoted me or failed to check the appropriate boxes based on my own testimony.
      TLDR - I was awarded increase for 1 contention in 2016 to (a total of) 60% - Followed by SC and increase in another (1) contention for an overall rating (total) of 80% in 2017 - Some corrections were made and a rating was re-established with the proper EED and my new total is now 90% (as of late 2019) - it is now 2020 and I have 4 contentions that never made it to SC (yet!) - I experienced narrative changes as to why the VA was denying SC for TBI and 3 other issues - such as "missing diagnosis" - I had included a document from their own specialist specifically stating I was diagnosed with TBI and 2 exams giving extensive detail as to my symptoms/history.
      Again, thank you for all you have done, and all you continue to do for all of us. to
      Semper Fi !
       
    • By JaeT.21
      Hello, I have C&P exams all in one day in January. Any advice on what to expect?
      Here's a synopsis on what I'm up against/working with. 
      - PTSD increase is based off several years of VA mental health treatment and a Nexus letter written by my mental health doctor, which named PTSD, Depression, Chronic Pain Syndrome with depression, Panic D/O with Agoraphobia and survivor's guilt as a diagnosis (last 3 are recently added to records).
      - Knee pain- VA issued me a big knee brace and my primary care (tricare) orthopedics specialist just put me an Ankle-Foot Orthosis (AFO) brace because she says I have drop foot and weakened ankle support which tried to compensate for my weak knee/muscle strength
      - Foot pain- I reviewed all of my previous C&P exams and realized my foot pain rating had dropped from 30% to 10% because the rater misquoted me (lied) on the C&P exam. I told him these insoles and stuff didn't work. that my feet hurt all the time. He wrote, I said they were not effective insoles and I have to use all kinds of feet massages equipment to get through my work days. 
      The primary care sent me to this foot pain doctor. All she did was cortisone shots (3 times) in my feet and tried to up-sell me on her brand of insoles. 
      - Migraines- Been at zero percent since retirement. Last year I was hospitalized twice and misdiagnosed with having TIA and strokes/CVA. My VA advocate put in a secondary claim to my service connected cervical damage.  End result not service connected for CVA/TIA.
      However,  ALL TESTS revealed that I've never had a stroke.  The neurologist diagnosed me with Hemiplegic Migraines. These rare migraines an mimic strokes, causing weakness on one side of the body. They can last from a few hours or in my case,first one lasted 3 months.
      The neurologist provided a letter stating that all of the hospital doctors had misdiagnosed me with having CVAa.  He also diagnosed me with exertional headaches.
       
      I know I'm no more special than the millions of other veterans out here, but this "deny 'til they die" tactic is wearing me down.
       
      Thanks for any advice.
       
       
       
    • By Lemuel
      The question is;  Will I be among the less than 1% Pro Se Petitioners to SCOTUS of the 1% over all Petitioners for a Writ of Certiorari that will be heard by SCOTUS.
      The Petition is Bray v United States Docket No. 18-9532 Re: "The Feres Doctrine" with 15 related constitutional questions.
      The documents can be downloaded from the Supreme Court of the United States, (SCOTUS), web site here:
      https://www.supremecourt.gov/search.aspx?filename=/docket/docketfiles/html/public/18-9532.html
      The answer will come sometime after the 40 copies have been distributed to the Justices and their Clerks for the November 8, 2019 Conference.  Only 1% are granted a hearing before SCOTUS.  Will the Feres Doctrine continue to stand up as Constitutional continuing a 69+ year old precedence that prevents you from filing a Tort case for your mistreatment and failure to be compensated for subtle but employability disabling temporal lobe seizures ignored by the military and the VA to reduce entitlements?
      Some relief was granted in 2008 for TBI victims.  Those who had TBI claims from 2007 on will be fully compensated.  Those of us from previous wars have been stiffed until we were allowed to file our claims after receiving the 2008 letter.
       
    • By bigoc
      I requested connection for psoriatic arthritis of the right hand, left wrist, and both feet.  In addition to these joints the RO requested a C&P exam of shoulder, hip, elbow, wrist, knee, and ankle.  I have no idea why they did this but it is possibly beneficial to me.  I'll attach this part from my c-file at the bottom on this post.  The VA only decided on the four claimed joints.  The other joints that the VA put in the C&P request were never evaluated or referenced in anyway.  This includes no mention in rating decision letter or during the C&P.  
      Fast forward to 2015 I report for a VA requested future exam for the four SC joints.  I made the complaint of joint pain in 11 joints to include the joints stated above from the 2009 C&P.  These were recorded in the results as pain.  In addition to the documentation in the 2015 exam, they VA acknowledged the additional joint pain and suggested I contact them if I wished to claim these.  I stupidly did not see this until recently. 
      Would I be able to get these joints connected and EED back dated to 2009 or 2015 based on an inferred issue and that no decision was made on the other joints?
      Again the VA is the one that requested the additional joints to be evaluated in 2009 and not me.  Then they were never addressed.  I am interested in this because I have been finding information on claims being considered open if the VA never renders a decision.  While they rarely miss a veteran claim they often miss inferred issues.  This seems like a pretty obvious inferred miss to me.  The VA specifically requested the additional joints. Might be a stretch but this would be significant retro.
       

  • Ads

  • Our picks

    • Enough has been said on this topic. This forum is not the proper forum for an attorney and former client to hash out their problems. Please take this offline
    • Peggy toll free 1000 last week, told me that, my claim or case BVA Granted is at the RO waiting on someone to sign off ,She said your in step 5 going into step 6 . That's good, right.?
      • 7 replies
    • I took a look at your documents and am trying to interpret what happened. A summary of what happened would have helped, but I hope I am interpreting your intentions correctly:


      2003 asthma denied because they said you didn't have 'chronic' asthma diagnosis


      2018 Asthma/COPD granted 30% effective Feb 2015 based on FEV-1 of 60% and inhalational anti-inflamatory medication.

      "...granted SC for your asthma with COPD w/dypsnea because your STRs show you were diagnosed with asthma during your military service in 1995.


      First, check the date of your 2018 award letter. If it is WITHIN one year, file a notice of disagreement about the effective date. 

      If it is AFTER one year, that means your claim has became final. If you would like to try to get an earlier effective date, then CUE or new and material evidence are possible avenues. 

       

      I assume your 2003 denial was due to not finding "chronic" or continued symptoms noted per 38 CFR 3.303(b). In 2013, the Federal Circuit court (Walker v. Shinseki) changed they way they use the term "chronic" and requires the VA to use 3.303(a) for anything not listed under 3.307 and 3.309. You probably had a nexus and benefit of the doubt on your side when you won SC.

      It might be possible for you to CUE the effective date back to 2003 or earlier. You'll need to familiarize yourself with the restrictions of CUE. It has to be based on the evidence in the record and laws in effect at the time the decision was made. Avoid trying to argue on how they weighed a decision, but instead focus on the evidence/laws to prove they were not followed or the evidence was never considered. It's an uphill fight. I would start by recommending you look carefully at your service treatment records and locate every instance where you reported breathing issues, asthma diagnosis, or respiratory treatment (albuterol, steroids, etc...). CUE is not easy and it helps to do your homework before you file.

      Another option would be to file for an increased rating, but to do that you would need to meet the criteria for 60%. If you don't meet criteria for a 60% rating, just ensure you still meet the criteria for 30% (using daily inhaled steroid inhalers is adequate) because they are likely to deny your request for increase. You could attempt to request an earlier effective date that way.

       

      Does this help?
    • Thanks for that. So do you have a specific answer or experience with it bouncing between the two?
    • Tinnitus comes in two forms: subjective and objective. In subjective tinnitus, only the sufferer will hear the ringing in their own ears. In objective tinnitus, the sound can be heard by a doctor who is examining the ear canals. Objective tinnitus is extremely rare, while subjective tinnitus is by far the most common form of the disorder.

      The sounds of tinnitus may vary with the person experiencing it. Some will hear a ringing, while others will hear a buzzing. At times people may hear a chirping or whistling sound. These sounds may be constant or intermittent. They may also vary in volume and are generally more obtrusive when the sufferer is in a quiet environment. Many tinnitus sufferers find their symptoms are at their worst when they’re trying to fall asleep.

      ...................Buck
        • Like
  • Ads

  • Popular Contributors

  • Ad

  • Latest News
×
×
  • Create New...

Important Information

{terms] and Guidelines