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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

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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.

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