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Berta

Tbi Per Bva A Good Read

Question

TBI info BVA decision

This BVA decision holds the most recent and detailed explanation of the new TBI criteria:

http://www.index.va.gov/search/va/view.jsp?FV=http://www.va.gov/vetapp13/Files4/1337740.txt

The veteran claimed nine issues.

“The Veteran served on active duty from October 2005 to November 2008. His discharge is characterized as General (Under Honorable Conditions) due to misconduct (drug abuse).”

He was awarded and on appeal for a non compensable SC rating for allegic rhinitis and TBI.

His TDIU had been established already in prior aVA decision.

“An initial rating of 40 percent for residuals of TBI is granted, subject to the criteria applicable to the payment of monetary benefits.”

In addition to the TBI award, the claim was remanded for the other issues.

The TBI narrative is a ways down the into the decision.

In part:

“The Board finds that the rating criteria contemplate the Veteran's service-connected
 TBI disability.  The schedular rating criteria incorporate all of the Veteran's reported
 symptoms, and also provide for higher rating if increased severity is shown.  For these reasons,
 the Board concludes the Veteran's level of such occupational and social impairment 
is adequately reflected by the current schedular rating, and the manifestations 
of the Veteran's TBI disability are accordingly contemplated in the rating criteria.  
There is no indication of any exceptional or unusual disability picture.  The rating criteria are

 therefore adequate to evaluate the Veteran's service-connected residuals of TBI and referral for
 consideration of extraschedular rating is not warranted.

The Veteran is in receipt of a TDIU, based on his service-connected PTSD, so no further 
consideration of TDIU is warranted.”
and
“The RO has rated this disability under the provisions of 38 C.F.R. § 4.124a, Diagnostic Code 
(DC) 8045 (brain injuries due to trauma) and also under the provisions of DC 8100 (migraines). 
 The rating criteria for those DCs are set forth below.

The Board notes at this point that the rating criteria for DC 8045 were revised effective 
from October 23, 2008, immediately prior to the Veteran's grant of service connection.  
The old criteria are not for consideration.”
   http://www.index.va.gov/search/va/view.jsp?FV=http://www.va.gov/vetapp13/Files4/1337740.txt

Decided Dec. 6, 2013,,, and very detailed and as current on TBI as one can get.

Edited by Berta

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Thanks Berta! This should help with my increase in TBI. Nice find.

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Can you be rated for TBI and migraines

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Can you be rated for TBI and migraines

My rating is classified as "migraines (also claimed as TBI)" at 10% pending an increase application.

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Thats nice, I put in my claim back in 2009 and I just recieved a apt on 5/12/2014 and guest who notice it the DOR. !!!!

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