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Is A Head Trauma Seen The Same As A Tbi?

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skydealer

Question

I got whacked in the head while in the service and lost consciousness. Several months later my military medical records I was being treated for chronic headaches with migraine like symptoms though the medication I received looked like it was for tension headaches. Last military records shows me complaining of a dull headache.

That was 1983. I never knew about applying for anything with the VA and for the past 30 years I’ve been seeing civilian doctors for chronic headaches, memory loss, insomnia, but mainly for the bad headaches. A CT scan showed a brain cyst on the left side and I’m currently still being treated.

Should I be looking at this as a TBI? I did apply for compensation for the chronic headaches but I got denied as they said there was no current diagnosis so I was wondering if I labeled it wrong.

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Gee as I went to get a cup of coffee.....I realized something else.......

"We have requested an examination through a private medical facility in order to determine the current level"etc.....

sorry but another question.....

Did the VA deny this same claim without giving you a C & P exam at all??????

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  • HadIt.com Elder

As an aside probably 50,000 Vietnam vets had some sort of TBI from blasts and have never gotten a penny. I know a marine who got blown off an APC and had severe headaches back in the 80's. I don't know what happened in the long run, but this was common event when APC, Truck, jeep or even tank hit a mine. Guys riding on top were thrown off and those inside probably died. i sure would not give up on this claim. Getting denied first time is almost SOP for VA for any invisible injury. However, the cyst is visible. If you doctor will say it is due 50/50 to the head injury that is good proof. You simply have to keep getting medical evidence to support the severity of your injury even if it takes a few years.

John

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I think that I'm caught in an endless loop.

About a year ago I was sent into a civilian doctor to get a re-eval on the head injury. This is not abnormal for this area because a lot of the stuff is outsourced due to overcrowded clinics. We had a 5 or10 minute interview and then I was sent on my way. I kept getting the generic "we are processing your claim" VA letter every few months and then today I get a call from the VA saying that I have an appointment at the compensation clinic for the TBI. Not sure if this is good news or bad news or I am stuck in a loop.

The DAV was helping me for a while but then I moved to another state. Now I only receive their magazine in the mail and never hear anything else.

There should be a good documented history. It was well documented in my military medical records, including the chronic headaches. There are medical and neurological clinic medical records that go all the way back into the 1990s. These were all for treating the chronic headaches. I even have the VA Headaches Disability Benefits Questionnaire form filled out by a VA doctor who was also treating me for the headaches. VA form 21-0960C-8 was filled out as follows:

Diagnosis
1a - yes (the veteran has been diagnosed with a headache condition)
1b - migraine block checked 346.10
1c - blank

Medical History
2a - Mr - --- suffers from migraines as a result of a head trauma approximately 30 years ago.
2b - yes - patient does take medication
Symptoms
3a - yes checked on headache pain, pulsating pain/ one side of head, pain worsens with physical activity

3b - yes checked for veteran experiencing non-headache symptoms associated with headache, sensitivity to light also checked

3c - less than one day checked for duration

3d - left side of head checked for location

Prostrating Attacks of Headache Pain

4a - yes is checked. Veteran does have characteristic prostrating attacks of migraine medical pain, once every month also checked

4b - yes - veteran has very frequent prostrating and prolonged attacks of migraine headache pain is checked

4c - no is checked. This is for non-migraine medical headache pain.

4d - no is checked. This is for the very frequent part
Section 5 - other pertinent findings
5a - no scars

5b - no other pertinent physical findings

Section 6 diagnostic Testing

6 - yes checked on signific diagnostic test. MRI shows benign arachnoid cyst that is stable

7 - no - does not impact work

Signed and dated (2013) by VA doctor.

This kind of conflicts with civilian reports that state migraine and tension headaches. Headaches are 24/7/365 and the migraines can come as far as once or twice a month to several times a week. The memory loss can be embarrassing and I know it is bad when I am talking and people can't understand what I am trying to say. That is frustrating because I feel like I'm talking normally.


When it was first filed I got a quickie initial C&P exam at a VA hospital in another state up north where I used to live. It was a guy with a heavy accent who got irritated because I could not understand him and that I had claimed so many things so he denied everything. I would be surprised if the whole C&P took more than 2 minutes. It was my first VA claim so I did everything that I have been having issues with that happened while I was in the service and listed in my military medical records. Chronic cough, ankle injuries, hand injury, headaches, and tinnitus. The tinnitus was done by a different doctor so that one was given 10%.

The headache thing sucks. I usually go to the doctor in spurts but what it boils down to is that I basically just gave up due to lack of funds and frustration. I go to doctors who have me see other doctors, they try meds and neck exercises, try other meds, do CT or MRI, and nothing ever helps. usually after months of this I give up and just go home. Very frustrating. Then I come across something that sounds promising about another doctor so I go through the same with them. Sometimes I go to doctors until the medical bills made me stop, That's the pattern of this head pain since the 1980s. People look at you weird when they ask what is wrong and I say "ugh - I just have a bad headache".

They then ask - "had it long?"

"Yea, about 30 years".

Edited by skydealer
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"This kind of conflicts with civilian reports that state migraine and tension headaches."

I think that it is a good thing that they are giving you TBI C & P exam.

Do you mean you have non VA private civilian medical records?

If so make sure the VA has them too.

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Thanks for the good words. I sure hope it does turn out well here.

The VA does have the paperwork from civilian doctors. I sent them everything when I first appealed then I had the VA doctor fill out the form about a year later when they tried some new meds to help with the headaches.

I think they will be sending me to a civilian doctor to do the latest C&P. Not sure why as they sent me to a different one for a C&P about a year ago. Maybe they lost that paperwork.

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Update (including a rating):

I think my VA paperwork in the system is a total mess. According to the VA eBenefits website my original compensation request is still open and is in level 1, which is the same status since my first appeal in 2011, at least depending on which section of the website you look at. One part says I don't have any open appeals but when I go to the Appeal Status link it shows up as "appeal pending".

Now here's the odd part:

I received a letter in the mail yesterday stating they rated my head injury at 40%. But what they rated me at was not what I submitted. Can a VA doctor submit a different claim form? My original claim was for the head injury with constant headaches, including memory loss. What I got rated on was "Service connection for residuals of head injury, traumatic brain injury with arachnoid cyst". This seems to go with the VA form 21-0960C-8 that the VA doctor filled out back in 2013 but it still doesn't address the headaches.

I'm at odds as to what to do. Should I submit this decision on the headaches/migraine claim or should I just let it sit where it's at? They originally denied the head pain claim as they said there was no proof of it being service connected. Now I have a letter stating the VA finally admitted the TBI occurred and that I now have a cyst on my brain where the injury occurred. But that seems to be a completely separate decision and claim... something that I have no clue as to why it would be a separate claim.

There seems to be so many ways this can go. It seems like the cyst would fall under the 4.124a-8003 rating but they did not look at that for a rating nor did they have any reference to the headaches 24/7. The letter states:

Service connection for residuals of head injury, traumatic brain injury with arachnoid cyst has been established as directly related to military service. An evaluation of 40% is assigned.

The letter explains that they came up with the 40% because of my impairment with memory, concentration, executive functions.

Should I submit this VA rating as new evidence on my original claim? I don't want to do anything that might make me lose what I have (if that is possible) but at the same time they seem to have gone off in a completely different direction as far as the TBI and have ignored my original claim that was submitted several years ago.



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