New VASRD Criteria for Rating Residuals of TBI (Traumatic Brain Injury)

[Jason Perry]

This was just posted on the VA Press Release website: VA Announces Changes to the Disability Rating Schedule for Traumatic Brain Injuries and Burn Scars - Public and Intergovernmental Affairs

Note that those evaluated under the old criteria may request a re-evaluation of their rating from the VA. This may result in increased compensation, though, according to the regulation, "The rate of disability compensation will not be reduced based solely on these new rating criteria."

This will apply to as of the effective date to the PEBs (though be aware that they may not catch this update right away, so you must be vigilant and ensure they are rating this properly).

If you are service connected from the VA based on TBI, or know someone who is, it would be a good idea to review this new rating criteria or pass it along to them.

The effective date of the regulation is 30 days from today (9/23/2008).

 

[DragonFly757]

Bumping this for some help:

My husband is going back for his TDRL eval tomorrow. Looking over his PEB findings, he was rated with the following:

VA Code 9411: PTSD and cognitive disorder - 50%
VA Code 6066: Left eye enucleation - 40%
VA Code 7800: Disfigurement of the head and face - 30%

I am confused as to why they didn't rate him for his TBI, which encompasses more than just cognitive dysfunction. They combined just the cognitive disorder and tied it together with PTSD. Does that even sound correct?

In reference to the 7800 diagnosis, he may be rated as high as 80% with the new criteria. Should I request that this be re-evaluated?

 

[Jason Perry]

My best guess as to why they did not break out the ratings to PTSD and TBI, they were challenged to decide which limitation was caused by which disability. On the one hand, since the rating criteria for PTSD and TBI were the same (rated on the General Schedule for Rating Mental Disorders) they may have thought that rating him that way did not matter. If they did think that, they may have well been wrong.

What is clear now is that with different ratings criteria, he should be rated on each condition separately (appears to me that he was already found unfit for both condition, though the way they wrote the DA Form 199 strikes me as incorrect).

The correct rating will depend on the facts of your husband's case. Impossible to know without a thorough review of his case.

I hope it all goes well. Please let us know any questions.

 

[DragonFly757]

Thanks! I just don't know what to expect tomorrow. On one hand, the only way to find out is just to go and take it from there...and on the other hand I worry that I won't be prepared to address everything that needs addressed and it will fall through the cracks again.

Simply put, I think the whole PEB needs redone on all elements. They even got his injuries documented incorrectly. They are missing the TBI entirely, and there are additional issues that would make him unfit that weren't rated. I personally think they did a very poor job on his Army rating overall.

Then I have the issue of the correct rank in which he was to retire with. Do you think I can address that at his evaluation or should that go through other channels?

Your help is tremendously appreciated!

 

[Jason Perry]

There are a few truths about the system. First, they often make errors. Second, when they do, you have to fight to get them fixed. Sounds like there are a many issues in your husband's case.

As for the rank issue, it is not something that I would think would be fought out at the PEB. DFAS will process the payments based on their calculations. The question is what calculation they are using. If they are using the wrong one, then they should be the agency to address this. If their erroneous calculation is based on an error in his Army records, then it is likely that you would need to get those records fixed at the ABCMR, though this may not be the only avenue.

 

[DragonFly757]

My husband feels they didn't include the TBI because they rated it as "mild" and doesn't disqualify him from serving because it fell in an "acceptable" range on their testing.

What's acceptable about having no balance, no sense of hunger, daily migraines, poor judgment, no sense of direction and gets lost all the time...etc.? I have a HUGE list of symptoms that affect his daily living. He cannot prepare meals, keep up with conversations, remember his kids names...the list is long.

Yeah, that's surely FIT for duty. Grrr....

My plan is to go in with the regulations and criteria and ask them to REDO the entire PEB all over again. This time maybe I can review the papers before DH signs off on them.