TBI Rating Appeal (NOD) or Reconsideration

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Camp P Marine

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I received a proposed rating for TBI at 0%. If this stays the same on final award letter, I'd like to do a NOD or Reconsideration, mainly since it's a CRSC eligible item.

I noticed the following for the VA's rules: "assign the overall percentage evaluation based on the level of the highest facet as follows: 0 = 0 percent; 1 = 10 percent; 2 = 40 percent; and 3 = 70 percent"

I noticed on the DBQ memory was marked:


"2--Objective evidence on testing of mild impairment of memory, attention, concentration, or executive functions resulting in mild functional impairment."

I believe based on the DBQ I should be at 40%, but since the other factors were marked "normal" the rater saw normal and overlooked the one abnormal giving a 0% rating.

What's the best/quickest way to appeal?

TBI wasn't an unfitting condition.
 
Camp P Marine said:
I received a proposed rating for TBI at 0%. If this stays the same on final award letter, I'd like to do a NOD or Reconsideration, mainly since it's a CRSC eligible item.

I noticed the following for the VA's rules: "assign the overall percentage evaluation based on the level of the highest facet as follows: 0 = 0 percent; 1 = 10 percent; 2 = 40 percent; and 3 = 70 percent"

I noticed on the DBQ memory was marked:


"2--Objective evidence on testing of mild impairment of memory, attention, concentration, or executive functions resulting in mild functional impairment."

I believe based on the DBQ I should be at 40%, but since the other factors were marked "normal" the rater saw normal and overlooked the one abnormal giving a 0% rating.

What's the best/quickest way to appeal?

TBI wasn't an unfitting condition.
Click to expand...

You are correct, you should be rated 40% You can file the NOD through eBenefits.

One thing to consider is to request a FPEB to find the condition unfitting (unless you want to get out right away) this will bring attention to it in the VA file.

You can also file the NOD right now and upload it to eBenefits, this may help it get caught in QA when it goes to the final rating process.
 
gsfowler said:
You are correct, you should be rated 40% You can file the NOD through eBenefits.

One thing to consider is to request a FPEB to find the condition unfitting (unless you want to get out right away) this will bring attention to it in the VA file.

You can also file the NOD right now and upload it to eBenefits, this may help it get caught in QA when it goes to the final rating process.
Click to expand...


FPEB--Been there and done that, too late now. I should have looked more into it, but I was worried about getting retirement approved at least.

If I file a NOD right now couldn't this slow down my VA disability compensation check? Ie wait for the first VA check and then do it so I've got solid income not delayed by pending actions.

How does one do a NOD via ebenefits?
 
It will not change the effective date of your award, however it could delay the award being finalized. There is the possibility that the award will be granted with the 0%, then the NOD will be addressed later. In that case the effective date of the ratings increase should be the same as the initial award date (as long as you do the NOD within 12 months of the initial award.)
 
Now finalized, the VA lumped the TBI with PTSD 50%. Is this correct, or should I file a NOD to have a separate TBI rating as previously proposed?
 
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