American Veterans with Brain Injuries

[Cheryl]

If you or someone you know was rated by the VA under the old Schedule of Ratings for Brain Injury, CFR 4.124a: 8045, I suggest you request a new Compensation and Pension (C&P) evaluation.

The new schedule 8045 Residuals of brain injury (TBI) is now being used to determine rating & compensation. I still feel as if there may be a disconnection between what the VHA doctors are writing in the evaluation and how the VBA evaluators will award compensation, but it’s worth a shot and you have nothing to lose. They can not reduce your compensation based on the new CFR criteria, they can only increase it.

I recently learned…. That, although there are provisions in the new rating for the consideration of special monthly compensation (A&A including for the protection from hazards or dangers incident to the daily environment due to cognitive impairment), this is NOT automatically evaluated when you re-open up a case. So I suggest that if you are re-opening a case, be sure to ask that an A&A evaluation be part of the C&P request. You can not ask the C&P doctors to do it at the evaluation; it must be requested when the case is reopened.

Over the past month Chris had appointments with C&P at the local VA and I received the doctor’s statements in regards to this evaluation yesterday. I must say that they seemed to have gotten a pretty clear picture of my son’s impairments, but at this point of the process; it rests in the hands of the VBA. (This should be interesting………)

During every other evaluation I had to pick my battles and because there was so much else going on (and I was worn out), I didn’t fight for what he should have been getting all along. Also I was listening to Veterans Service Officers (VSO) and benefits counselors who were telling me, “He’s not entitled”......... even though I knew he should be.

This time it better be fair and if it’s not, watch out!

[Cheryl]

I received additional information on this just the other day. If you are currently rated under the old criteria you should be receiving a letter like the one below from the VA, if you do not receive a letter contact your local VSO or call the number listed in the letter.

Dear << FName LName>>:

The Department of Veterans Affairs (VA) is concerned about veterans who experienced head injuries during military service. Our records show that you received a disability rating for a service-connected traumatic brain injury (TBI).

Recent medical studies focusing on TBI now provide a more thorough understanding of this disability and the symptoms associated with it. VA responded to these studies by developing new criteria for evaluating TBI disability levels and the compensation payments associated with them. The new evaluation criteria became effective October 23, 2008.

You may have been rated before the new criteria became effective. If you still have residual symptoms, you may be re-examined based on the new criteria. This examination may result in a compensation increase even though your condition has not changed. You can request this examination through your regional office. If you qualify for increased compensation, the increase may be paid up to one year retroactively, but not before October 23, 2008, when the new criteria went into effect.

Contact your veterans service organization representative or local VA regional office for additional information. You may also telephone the VA information line toll-free at 1-800-827-1000.

Sincerely,

[Cheryl]

(I received this note yesterday and thought it was worth passing on as it pretty well say’s it all)

Mad Max club-

The following e-mail is about TBI. Unless you are already evaluated at 100% for TBI, you should read it.

Not an order.... just advice.

TM
-------------------------------------------------
If you have ever been wacked in the head at MCMAP and knocked unconscious, been around an IED, mortar attack, or even jumping out of 5 ton and got your bell rung, chances are you have some form of Traumatic Brain Injury.

If you have already been evaluated and they said you did not, this is an opportunity to be rescreened under the new guidelines. TBI is something we are learning about every day and regardless of what they have told you in the past this always you to be rescreened for TBI.

If you already have a rating for TBI, you can be rescreened under this new
criteria and chances are your rating will increase.

DO NOT MISS OUT ON THIS OPPORTUNITY. PLEASE FORWARD TO YOUR BUDDIES WHO
MIGHT BE SUFFERING!

Basic symptoms: memory loss, sensitivity to light, headaches, dizzy spells,
change in the way you talk all of these could be symptoms.

v/r
BLANKED OUT


-----Original Message-----
From: BLANKED OUT
Sent: Wednesday, July 08, 2009 2:11 PM
To: BLANKED OUT
Subject: Information on VA TBI Ratings
Importance: High

WWR DISC's and WWR Call Center Personnel,

Please take a few moments to review and familiarize yourselves with the enclosed VA TBI outreach letter and the attached materials.

In October, 2008 the Dept of Veterans Affairs changed their criteria for evaluating the Residuals of Traumatic Brain Injury (TBI). This new rating process evaluates 10 important facets of TBI related to cognitive impairment and subjective symptoms. It provides criteria for levels of impairment for each facet, as appropriate, ranging from 0 to 3, and a 5th level, the highest level of impairment, labeled, "total." However, not every facet has every level of severity. The Consciousness facet, for example, does not provide for an impairment level other than "total," since any level of impaired consciousness would be totally disabling.

In February, 2009 the Department of Veterans Affairs sent a letter an outreach letter to approximately 32,000 veterans who are currently service-connected by the VA for TBI. The letter explained that VA developed new criteria for evaluating disability levels and the compensation payments associated with them. The letter informs veterans how to request a review examination based on the new criteria. Many of the OIF/OEF veterans who have been diagnosed with a TBI may see their VA compensation percentage increase by requesting this new exam. The VA outreach letter expected to result in additional compensation and Vocational Rehabilitation and Employment (VR&E) claims however, few if any of the veterans that we assist understood the steps that the letter was directing them to take to increase their compensation. Additionally those veterans who were not service connected by the VA for TBI but have been screened by the Veterans Health Administration and diagnosed with a TBI are encouraged to file a new claim for the Residuals of Traumatic Brain Injury.

If you are assisting one of these veterans who has been diagnosed with a TBI but has not received a VA compensation rating under this new rating process, the best advice that you can give to that veteran is to work with a credible Veteran Service Officer and open up a new claim with the VA for "Residuals of Traumatic Brain Injury". This will initiate the process for VBA to schedule a compensation and pension exam with the veteran. Once the exam is complete, the veteran will receive his/her new rating under the revised rating process.

S/F

ADDITIONALLY: Please be reminded that even if you are receiving the 100% rating for VA compensation, many veterans, who have in fact suffered a brain injury, do not have it documented in their rating. If that is your situation you should also request a re-evaluation under this new Schedule of Ratings for the residuals of TBI. Having your TBI documented properly with the VA will not increase a 100% rating, however is very important for any related health and rehabilitation benefits provided by the VA.

Another benefit that many TBI veterans do not receive is Special Monthly Compensation (SMC) for Aid & Attendance (A&A) when cognitive difficulties result in an inability to live independently. If you or someone you know is NOT able to live independently and needs the assistance of another “to protect them from the hazards of their everyday activities” they should also request a re-evaluation for this compensatory benefit.

Cheryl

(Documents attached below accompanied the original email……)

Revised_Worksheet FL08-034.pdf

Schedule for Rating Disabilities FL08-036.pdf

TBI Outreach Letter VA FL09-002.pdf

VA TBI Rating Process.pdf

[cisco927]

I have not received the letter mentioned in this post. I wanted to be reevaluated but we don't have a full time VOS here anymore and I left a message but the part time guy never got back to me over a month now. I am working and work 4:30a.m. til when ever I drive a crude oil truck. How can I get my case reopened?

I continue to have headaches,dizziness at times, fatique in getting worse forgetting irritabity, with rage getting worse, forgetting things, after someone say's something to me 5 mins later I usually forget what they said.
I 've tried twice before Oct 2008 to have my comp. increased one VA doctor told me I was disabled 100% but the board didn't reconize what the doctor had said. As a result I was given drugs for seizure had adverse reaction to. Been given drugs that made me not even know were I am or whom I was, off of work for 9 mons. while they tried to figure out what was wrong.
Cisco927

[timetowinarace]

Cisco927,

You can use VONAPP to apply(re-open your claim) online if your having a hard time getting a VSO.

Here is the link; http://vabenefits.vba.va.gov/vonapp/main.asp

However, I recomend using a VSO and there are links at the site I posted to the different ones and also for information on state and local help.

Where are you from? Someone may be able to point you in the right direction.

Also, if your having problems forgetting, I always suggest neuro-psychological testing if you haven't had it. One reason is because it may help you and your doctor better understand what is going on so you can get proper treatment if needed. The other reason is because for rating pruposes on the re-evaluation, memory and attention problems must be shown on objective testing in order to rate over 40% in this area. Subjective complaints on memory and attention will rate no more than 40%.