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VA methodology for rating TBI

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sixthscents

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Hello All!

I know it has been a hot minute since I have been on but I am still alive and kicking (Hooray for me!). I do have a question however. I am looking over a friends claim and I was wondering about the VA's method for rating TBI. Specifically I understand that the TBI is rated under 10 (?) categories sort of? I would appreciate a really good reference and perhaps a couple good example VBA  filings for reference. I have been out of the scrum for so long that I don't want my lack of recent experience to hinder his claim ya know? 

 

Also, maybe a reference for how the rater is supposed to specifically approach the claim and what they are supposed to show to the claimant as a statement of case. I can and have found much of this stuff on my own but I am hesitant because I want to be certain I am using the correct and current method etc. I appreciate any input you all might have. So many thanks.

Happy Thoughts,

Sixthscents.

 

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Well, I do have a son in law (Afghanastan Vet) who took shrapnel to the head and got a purple heart, but I havent seen his paper work.  He was rated at 90 percent.  The big reason:  He refuses to apply for PTSD in no small part because HE thinks a PTSD rating will mean he can not carry a weapon, ever, and he currently has a license to carry I think.  Its hogwash, but there is no convincing him.  They only turn down a weapons permit if your doctor flags you are a risk to yourslef or others, I am nearly certain.  

While I have read hundreds of CAVC/BVA cases, my eyes are not that great anymore, and I did not focus on TBI anyway.  I need an operation to remove my Cadillac.  (My brother used the term Cadillac, and I corrected him.  "Its cataracts, not cadillacs".  He responded, "No, its a  Cadillac surgery.  I had to sell my Cadillac for the money for the doc to cut my eyes, and I saw him driving it later.   I had Cadillac surgery", )

So, seriously, I can explain how to do your own BVA or CAVC search.  Use this link and type in key words such as "TBI"

http://search.uscourts.cavc.gov/

In a similar manner, type in your key words into this site to search BVA decisions:

https://www.index.va.gov/search/va/bva.jsp

If there are too many results, you can refine it.  As an example, if you got tbi in combat, you could try "Combat TBI".  You could also try stuff like "TBI 38 CFR 3.156" if you wanted to see TBI Vets who submitted new and material evidence from their service records.  

 

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