what to claim in regards to TBI

[ukaspar]

I suspect that I have TBI from my wartime service in OIF. I claimed "TBI" in an initial claim for compensation, but was denied. I never got a C&P exam for this condition, and never got a screening at a VA facility.

Well, I don't see "TBI" anywhere on the schedule for compensable conditions. Can you claim TBI, or do you have to be more specific and claim something from the schedule? Would that help, or hurt?

Thanks!

[Vike17]

I assume you mean "Traumatic brain Injury," right? If so, it is rated according to the residuals of the injury i.e. post cuncussion syndrome, headaches, possible seizures ect...

8045 Brain disease due to trauma:

Purely neurological disabilities, such as hemiplegia, epileptiform seizures, facial nerve paralysis, etc., following trauma to the brain, will be rated under the diagnostic codes specifically dealing with such disabilities, with citation of a hyphenated diagnostic code (e.g., 8045–8207).

Purely subjective complaints such as headache, dizziness, insomnia, etc., recognized as symptomatic of brain trauma, will be rated 10 percent and no more under diagnostic code 9304. This 10 percent rating will not be combined with any other rating for a disability due to brain trauma. Ratings in excess of 10 percent for brain disease due to trauma under diagnostic code 9304 are not assignable in the absence of a diagnosis of multi-infarct dementia associated with brain trauma

9304 Dementia due to head trauma"

What was the reason for the denial?

One thing to keep in mind if this all correct is that you are already receiving compensation for PTSD (a mental disaorder) and if you simply have only subjective complaints as outlined in the first paragraph of DC 8045, then those symptoms will be 'lumped' together with those of the PTSD and you will only receive the one rating. DC 9411 PTSD and DC 9304 Dementia due to head trauma are both considered mental conditions and due to pyrmiading one can only be compensated for the most disabling one.

Vike 17