Jump to content
Using an Ad Blocker? Consider adding HadIt.com as an exception. Hadit.com is funded through advertising, ad free memberships, contributions and out of pocket. ×
  • 0

TBI Cue

bigoc

Asked by bigoc,

 Share

Question

bigoc Community Regular

bigoc

Posted
Posted

I'm currently rated at 90% total and 40% for TBI.  If my TBI was rated 70% I would have been 100% total with my other SC ratings from 2009, so I am looking into this because of the significant retro.

I had a TBI claim that resulted in service connection for mild TBI rated at 40% back in 2009

I have evidence from a private neuro psych evaluation that shows severe deficits on objective testing.  I am now and have been employed so I probably would only meet the 70% moderate rating.

I had a private(70-100%) neuro exam then the VA did their's(40%) 8 months later.  The VA examiner gave me the less likely than not for not service connected due to prior service leaning disability.  The RO said correctly that this had minimum probative value and SC me at 40%.  While this is a win, they conveniently used the same VA test that they overruled the examiner findings and used for a rating.

The private exam that shows moderate and severe deficits from objective testing was said by the RO to be 8 months older.  This privately administered exam was much more detailed as well.  This is why they gave me the lower rating from the VA test results below.  

So bottom line, they gave me a win with the SC but picked the same test they disagreed with the examiner for SC and used the lower criteria found in this test.  My private test shows higher rating criteria but was 8 months older.  Should this be a cue claim?

D. Diagnostic and Clinical Tests: as noted above

E. Diagnosis - mild concUssion
It Is less likely as 'not that veteran's mild neurocognitive dysfunction is

attributed to his service during combat as he manifested abnorthalities ptior o
military- service, and 'has been able to maintain his same level of functioning

Link to comment
Share on other sites
  • Answers 1
  • Created
  • Last Reply

Top Posters For This Question

Popular Days

Top Posters For This Question

Popular Days

1 answer to this question

Recommended Posts

  • 0
Oceanbound Proficient

Oceanbound

Posted
Posted

Not a CUE. A CUE is if they never rated you at all. They rated me 0% originally.  The Rater lowballed you.

I'm aware of the neuro psych eval, it's 5 hours, and very detailed and worth the two grand. I had one done to prove TBI and in that process too. 

I lawyer up because I had hadit with the VA and moving on with life instead of being a VA zombie.

Link to comment
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.

×
 Share
Go to question listing

  • Ads

  • Ads

  • Ads

  • Our picks

    • A VA Compensation and Pension Examiners Perspective

      A VA Compensation and Pension Examiners Perspective

      Tbird posted an article in Veterans Disability Claims,

      A VA Compensation and Pension Examiners Perspective

      This person is going to judge you. It’s their job, and that is why you are there. To be adjudicated fairly. How would you like to be remembered? A scuzzy stereotypical veteran? Or a troubled one who is doing the best they can?

      Do not talk about alcohol or drug-related issues. You are not there to be assessed for those problems. You are there to be evaluated for your psychiatric functioning as today relates to your service history. If the examiner asks about alcohol or drugs, politely remind them that you are not there for those issues if you’ve ever had them, but for how impaired you are in your daily functioning. It’s best to avoid even talking about them. Got a VA horror story? I can tell you a worse one. Don’t waste your time with how badly you believe you’ve been mistreated. The examiner only has a short time to figure out how impaired you are, and they need the facts, concise sentences, and not rambling rants that lead nowhere.
      • 0 replies
      Tbird

      Picked By

      Tbird,
    • VA Math, Confusing, Right? Calculate Your Final Rating Percentage!

      VA Math, Confusing, Right? Calculate Your Final Rating Percentage!

      Tbird posted a blog entry in Tbirds Blog,

      10 + 50 = 50 and other VA math mysteries explained.

      VA Math It’s Not Your Mother’s Arithmetic 

      “VA Math” is the way that the VA computes combined impairment ratings for multiple conditions in a Veteran’s compensation benefits claim – and it requires that you unlearn real math. When a Veteran has multiple medical conditions that are service-connected and the Veterans Affairs rates each at a different percentage, it would seem that they should just add up your percentages to get to a total body impairment rating.
      • 2 replies
      Tbird

      Picked By

      Tbird,
    • VA will propose adding rare cancers to the presumed service-connected list as related to military environmental exposure

      VA will propose adding rare cancers to the presumed service-connected list as related to military environmental exposure

      Buck52 posted a question in VA Disability Compensation Benefits Claims Research Forum,

      https://www.va.gov/opa/pressrel/pressrelease.cfm?id=5768
        • Thanks
      • 2 replies
      Tbird

      Picked By

      Tbird,
    • Post in I need some help, please

      Post in I need some help, please

      Tbird posted an answer to a question,

      If you are looking for help taking care of him something like a home health aide that comes in during the week and helps with what he needs help with. For this I would contact your local VA hospital and ask to speak to the Social Worker, explain your situation, ask for help and how to proceed.

      If you are looking for additional compensation in the form of Special Monthly Compensation check out this video from CCK Law I think it will give you a good idea what it is and how to go about applying for it.

      For example there is a Special Monthly Compensation Rate for TBI try reading this article from The Veterans Law Blog on SMC T It is a subscription site but it allows you to view 3 articles for free a month.

      Special Monthly Compensation (SMC)

      I hope this helps.

       
      Tbird

      Picked By

      Tbird,
    • Post in I am now 100% P&T, what do I need to know to apply for Social Security Disability?

      Post in I am now 100% P&T, what do I need to know to apply for Social Security Disability?

      Tbird posted an answer to a question,

      You can now apply on line Read the below PDF or go here to Apply and read more https://secure.ssa.gov/iClaim/Ent002View.action

       
      Here is a checklist for what you will need

       
        • Like
      Tbird

      Picked By

      Tbird,
    View All

  • Ads

  • Popular Contributors

  • Ad

  • Latest News

  • veteranscrisisline-badge-chat-1.gif

  • Advertisemnt

  • How to get your questions answered...

    question-001.jpeg

    All VA Claims questions should be posted on our forums. Read the forums without registering, to post you must register it’s free. Register for a free account.

    Tips on posting on the forums.

    1. Post a clear title like ‘Need help preparing PTSD claim’ or “VA med center won’t schedule my surgery” instead of ‘I have a question’.
    2. Knowledgable people who don’t have time to read all posts may skip yours if your need isn’t clear in the title. I don’t read all posts every login and will gravitate towards those I have more info on.
    3. Use paragraphs instead of one huge, rambling introduction or story. Again – You want to make it easy for others to help. If your question is buried in a monster paragraph there are fewer who will investigate to dig it out.

    Leading to:

    Post clear questions and then give background info on them.

    Examples:

    • A. I was previously denied for apnea – Should I refile a claim?
      • I was diagnosed with apnea in service and received a CPAP machine but claim was denied in 2008. Should I refile?
    • B. I may have PTSD- how can I be sure?
      • I was involved in traumatic incident on base in 1974 and have had nightmares ever since, but I did not go to mental health while enlisted. How can I get help?

    This gives members a starting point to ask clarifying questions like “Can you post the Reasons for Denial from your claim?” etc.

    Note:

    Your firsts posts on the board may be delayed before they show up, as they are reviewed, this process does not take long and the review requirement will be removed usually by the 6th post, though we reserve the right to keep anyone on moderator preview.

    This process allows us to remove spam and other junk posts before they hit the board. We want to keep the focus on VA Claims and this helps us do that.

  • 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

×
×
  • Create New...

Important Information

{terms] and Guidelines

  I accept