tinnitus osteoarthritis neck pain secondary to tbi

[oldtbi61]

Back in1961 I was pushed backwards and fell on the frozen ground. Records showed "concussion", Infirmary and Hospitalized with loss of consciousness. Had C&P and got 40% for TBI and 30% for chronic headaches. My neck has been acting up for years. Can I ask for an MRI or Xray to find out what it is? If it's osteoarthritis neck or some other thing can I claim it as secondary to the TBI?

Also have 10% for tinnitus for a total of their math at 60%.

[pwrslm]

Is there anything in your service medical file that shows any problem w/neck? Arthritic and degenerative changes occur due to age as well as to injury.  The key to win is to get an opinion about it from an MD, preferably a spine specialist, that ties your current condition to a problem in your service history. 1961 to 2008 is a long time considering only slight diffuse degeneration existed then.

[oldtbi61]

Should have added that my C & P for the TBI had the description of how someone got behind me on all fours and someone else pushed me and I landed on my back and head.

[oldtbi61]

 

Had  a C & P for Thoracolmbar Spine, Cervical Spine, and Peripheral Nerves. Issue Lumbar stain and degenerative changes. All three where denied because on no Nexus . I had also given the examiner my own heath history which included headaches ( 30%) TBI (40%) Tinnitus (10%), all ignored.

C- file only had two notes.

9 Jan 61. Forsyth Disp. Fort Riley KS. LC head injury. temp 96. How, playing C another soldier. Where Compass course. When 1700 Hrs 9 Jan 1961. Capt C.R white

( I was in Basic Training this time) ( all medical records were hand written in 1960's)

(Hospital Fort Riley) Time in 1935. Time seen (it's blank). TPR 98.2. Complaint Same as above. Admit to Hosp.. Head Injury. R.O. Concussion

I was forced to Clean the hospital latrine even with the terrific headaches I had at the time.

There was no mention of how it happened except "playing".

I have the Basic Training graduation book with the entire company. There are 3 guys here in Minnesota. Would contacting anyone in the platoon for getting Buddy letters be enough for the Nexus?

 

[Lemuel]

On ‎1‎/‎25‎/‎2017 at 10:22 AM, oldtbi61 said:

Back in1961 I was pushed backwards and fell on the frozen ground. Records showed "concussion", Infirmary and Hospitalized with loss of consciousness. Had C&P and got 40% for TBI and 30% for chronic headaches. My neck has been acting up for years. Can I ask for an MRI or Xray to find out what it is? If it's osteoarthritis neck or some other thing can I claim it as secondary to the TBI?

Also have 10% for tinnitus for a total of their math at 60%.

Yes, you can ask your PC for a referral to neurology where you can state your case.  You should immediately place a claim which has to be investigated for service connection.  A C&P exam will include an MRI minimally both of the brain and the neck.  Your nexus may be the headaches are rooted in the neck injury not the TBI.  A correction of stenosis may relieve the headaches.

I had a similar head injury.  My case is now in remand for new medical evidence.  I have several ruptured (called desiccated discs on MRI reports) now.  They began rupturing 21 years after the initial injury.  I had a loss of sensation over the back of my left forearm noted in my health record physical exams and attributed to surgery on the left wrist for a biopsy of "disappearing bone" at the time of the TBI.  But in 2003 after having spent 2 weeks in a Japanese hospital for opioid therapy of  sciatic pain from a disc fragment in the left sciatic nerve canal I noticed feeling mosquitos biting my left forearm that I hadn't been able to notice before except for the residual bump.  This provided the nexus for claiming the cervical disc disease was from the 1969 injury.

I had a very good BVA judge who went thoroughly through my file and pointed out evidence in her decision that was not indicated either in my hearing testimony or my attorney's brief.  And my attorney's brief more than met my expectations.

I'm hopeful and attacking on 4 fronts.  The BVA remand to the AOJ.  A new claim for CUE not involving the neck injury.  An NOA to the CAVC.  And a tort SF 95 claim now filed in the U S District Court for the Wyoming District under California law.

You can follow my actions from my posts by clicking on my ID for this post.

 

[Lemuel]

On ‎3‎/‎27‎/‎2017 at 8:49 PM, oldtbi61 said:

Should have added that my C & P for the TBI had the description of how someone got behind me on all fours and someone else pushed me and I landed on my back and head.

The documented directional injury may provide the nexus.  Frequently herniated discs don't show on Xrays at the time.  It is not until the hernias start rupturing and the spinal fluid dissolves the discs that the neck pain and radiating arm and shoulder pain begin.  You can also experience sciatic pain down you leg from a fragment migrating to the sciatic nerve canal.  I also experienced fairly short term arm pain and numbing (less than a week) before the fragment was dislodged from one of the nerve foramen (canal) in the neck.

Hyperflexing the neck foreward from a blow severe enough to render you unconscious (how long?) should be enough.  I'd get a civilian neurologist or orthopedist to write a report with that nexus before going to the C&P.  Take the report with you so that the C&P physician who will be under pressure from his superiors to make "the less likely than not" statement instead of the "more likely than not" assessment.  Ask the private physician to use the word.  You can download a DBQ for a neck injury from the VA website to facilitate the private physician's exam.