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Attorney For TBI CUE

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bigoc

Question

Looking for recommendation for an attorney for a TBI claim that is well documented with an neuro psych exam.  I am service connected back to 2008 but I believe I was low balled at 40% for TBI.  Generally describing the results, the Exam notes severe and moderate in the results for memory and other cognitive and executive function.  I asked for a reconsideration based on the difference in the test results and the VA schedule criteria on my own but got denied and gave up.  I should have kept at it but I think getting an attorney is the only way I am going to make any progress.   

So here I am doing what I should have done a few years ago.  Does anyone have a recommendation for an attorney that handles TBI CUE?  I found some TBI articles posted by Hill & Ponton out of Florida.  So many out there.

Thanks 

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Dont forget- there was quite a TBI scandal years ago:

http://www.disabledveterans.org/2016/05/05/veterans-affairs-tbi-scandal-affected-25000-veterans/

More here and via google on that.

I suggest when you get your med recs from VA, that you find out who did the TBI exam and then maybe we can  determine if he/she did or did  not have the proper qualifications to do it.

VA said they contacted 25,000 affected veterans but I bet they didnt contact more than a handful of them.

This scandal caused the VA to reconnoiter on their TBI ratings.

The newest TBI schedule of ratings and more info on that here, will be applied to the claim for increase I hope you are filing.

Your past rating might have been correct.

But then again maybe not correct at all- to your detriment.

LOTs here at hadit on TBI that might be very helpful to you.And TBI vets here as well.

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I am still waiting on my c-file to arrive.  As soon as I get it I will get the paperwork from it on here pertaining to this claim.  I did ask to them to consider the neuro psych exam in their possession.  I sent a second copy with my reconsider requests.  Got the same results again of 40%.  Once I get the c-file I will be able to find their exact response.  Keeping in mind I don't have my c-file yet what is my first course of action once I get it.  I am really lost on which form to file for a CUE.  I already asked for a reconsideration in 2009 on the evidence I have  talked about on the euro exam.  No change.

I am not receiving SSDI.  I am still employed.  None of my ratings are based on work ability.  Just raw objective testing. 

The sections on the exam that I am most focused on that I think warrants at least 70% I will list below:

Learning and Memory

Moderate-severe impairment in ability to learn and immediately recall simple familiar words from a list when given opportunities for rehearsal and repetition; notable inability to remember expected number of words on his initial effort and to immediately recall expected number of words after five repetitions (CVLT Total List A < 1st %ile), a significant below average performance in comparison to age and educational cohorts.

Attention and Concentration 

Clinically significant problems on the cluster of subtest related to attention and freedom from distractibility. 

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But how does this all work if say for example you are 100 tdiu and you decide to open up claims per in all actuality they exist and have been noted.. perhaps later years later but because they are connected means you should be able to request for service connected... say they grade you a 30% for TBI even after years of being tdiu.. do you get any comp or is it just a bump in adding a %?

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