Non-Combat Related Tbi

[griffinms1]

I'm looking for some guidance on how I should be handling my claim. I was in the Navy from 91-94, and was struck in the head with a deck hatch. I was stunned, with possible brief loss on conciousness, brief period of amnesia, headache, and disorientation. I was taken to the local Naval hospital to be checked out, and eventually sent home after nothing showed on the X-ray. Afterward, I suffered from tinnitus, constant headaches, problems with memory and attention, and just over-all thought clarity.

Being the typical military guy, I didn't seek help for the headaches or other problems, but definitely showed signs of a problem later. I didn't seek help from the VA until just a couple of years ago, and I've undergone some testing. The guys at the DAV suggested that I request an appointment with a mental health, so I saw a doctor there who questioned me and then referred me to Speeh Pathology. Speech testing showed (via testing) that I was having problems with Delayed Memory, and Trails (whatever that is), and impaired according to the Ruff Figural Fluency Test.

Speech referred me for a neuropsychological testing. Here is part of the summary from the clinical neuropsychologist:

"His neuropsychological profile was suggestive of moderate declines on timed measures of sustained attention, information processing speed, and grip strength. Milder declines were suggested by scores on measures of verbal memory, object naming, executive functioning, and bilateral motor speed.

The most likely reason for patient's cognitive difficulties appears to be a history of head trauma with alteration of conciousness. This accident was followed by onset of headaches. The distraction of chronic headache and low levels of depression may further exacerbatehis cognitive difficulties."

So, here's where I'm lost. I went back to the DAV, and they just told me to send in a claim for TBI and include copies of my evals from Speech and Neuropsychology. I'm not sure what I should really be doing, and I'm not confident that I'm doing all I should.

Can anyone give me some advice?

[NavyWife]

Sounds like a classic TBI...

Yes you probably should file a claim for TBI & include those recent reports that you mentioned.

However the VA is going to want to see some evidence that this event occurred. Hopefully that evidence is already in your service medical records.

Was this accident documented in your service medical records at all?

Do you have a copy of the hospital report where they checked you out? Portsmouth?

Do you have a complete copy of your service medical records?

If you have some documentation either in your SMRs or from the hospital report definitely send that along with your claim for TBI. If not, then hopefully it is documented in your service medical records & the VA will look through them & find it.

The second thing you will want to send in with your claim for TBI is a short statement with your description of the accident as well as your current symptoms. Just copy and paste what you wrote in your first paragraph above -that is perfect. If you know the approximate date or month or year that it occurred include that as well. You will also want to say that these symptoms are affecting your daily life in a negative manner.

Additionally it sounds like you have some secondary issues caused by the TBI that you certainly could file for as well.

Just make sure you are clear to VA that you are filing "secondary to TBI". The secondary issues that you could file for that you mentioned above are:

depression secondary to TBI,

migraines secondary to TBI and

tinnitus secondary to TBI

[griffinms1]

Thanks for the reply. Actually, The accident happened in Charleston. Unfortunately, I was stationed at the Naval Weapons Station in North Charleston, and I was sent to the Charleston Naval Hospital (off base). The only thing in my medical record of the head trauma is an x-ray report noting the head injury, and my exit physical noting head injury with transient amnesia. I tried getting medical records from the Naval Hospital, it closed after the base closure down there, so no luck. I hate to sound negative, but I just feel like there needs to be more in there for the VA to believe it.

[Notorious Kelly]

That record is enough, griffin.

Take that and run with it!

[Rob m]

My TBI award is non-combat related 40%. TBI's do not have to be combat related

[NavyWife]

Like Notorious Kelly said, that is enough evidence. I would consider that exit exam stating "head injury with transient amnesia" to be MASSIVE evidence.

It sounds like you are concerned because it was non combat. That is not something you need to be concerned with. Like Rob M said There is NO requirement in the TBI rating that it be combat related. I think a lot of folks think PTSD has to be combat related, too & that is simply NOT TRUE.

Your goal is to give them enough evidence to schedule you for the TBI exam. In your statement that you send when you file, be sure to let them know that your exit exam stated, "head injury with amnesia". If you have a copy of that exit exam, send it in with your claim. If not, they should have it in your records.

It's good that you are "negative" or "skeptical". That is a healthy attitude to have with dealing with VA. It will save you a lot of getting your hopes up and then having them dashed by VA! But really you need to look at what evidence you have or could acquire and then file your claims based off your evidence. And in this particular case, you have MASSIVE EVIDENCE!

　

In order for a VA claim to be approved, it generally has to have three parts.

Part One --something happened in service. In your medical records you would have an event, symptoms, treatment or a diagnosis of an issue.

Part Two-- Something is bothering you right now. You are currently undergoing treatment for an issue or have a diagnosis of a current issue or are exhibiting symptoms.

Part Three--a Dr. can tie parts part 1 & part 2 together. This is called a Nexus statement. An example would look something like this, " The veterans deviated septum -incurred in service- more likely than not caused his obstructive sleep apnea."

For most direct service connection claims you will need all three of these parts for an approval. If your claim is secondary or presumptive then the rules are a little bit different.

　

In the meantime, read up on TBI and how VA rates it. VA rates TBIs on how it is affecting your daily life right now, these things are called "residuals".

There's a lot in the TBI section of this forum. Here's a post that has the rating schedule.

Keep asking questions! There's lots of folks here willing to help!

Edited May 16, 2014 by NavyWife

[Navy04]

Rob, how come your profile says no SC %, but your answer above states 40% for TBI. Griff, you can submit the Evidence you have, but TBI is one of those conditions that is very hard to get a % for. I have had 6 concussions due to Combat Explosions, and the VA grouped my TBI with Migraines and I only get 30%. I am going to submit an FDC next month and this should go up to 50%. God Bless you, good luck and keep us posted bud.