vwoodsong

The "award" of 0% came in March of last year.

Oh and, no, they never gave me any tests, just met with the stupid doctor and "talked".

Sorry I didn't get back right away. I did apply for SSI was denied, got a lawyer, had a hearing scheduled and I was in one of my "States" and blew off the hearing. I live about a mile from the VA medical center and I have several doctors and case workers. I have been in and out of the substance abuse section and have had allot of medications that they have given me, which some work ok, and DO NOT.. I have headaches, all that. I have really gotten bad with the whole drugs and alcohol. I am 10% for hearing loss due to tinnitus which could have come from working on the ship, gunfire or the T.B.I.s I have become so frustrated. I don't even know where all my paper work is. I should get a lawyer. I had a lawyer for the SSI, but I flaked. I don't go out much. I feel very frustrated. Thanks for all the feed back. What lawyer should I get? Will they do a case that is for an increase in percentage rate? Thanks all.

I have a really important question to ask about this. I had a T.B.I. in the Navy in 1982 while diving and got knocked unconscious. Two years previous to my enlistment I sustained two moderate/severe T.B.I.’s back to back over a month period, one a motorcycle accident the other a car accident. At my induction I reported this and it is documented in my medical records. That Fall I was made a Ward of the Court because of how nuts I became after these head injuries and was made to go to a mental evaluation at a hospital for several months. I reported this as well. I was accepted into the service in 1981 and then in 1982 I received this third T.B.I. within a three year period. The V.A. last year gave me 0% for my T.B.I. saying it had resolved itself. After this third head injury I went ballistic. I was in and out of jail in San Diego, I was extremely violent, destructive, self-destructive, all of this in the records, but inadmissible I guess because it is all misconduct. But, that’s what happened. I cant believe I got out on an Honorable, but I was very strong and a very hard worker, just not the person in my head that I used to be. When I got out of the service I immediately became homeless and floundered for several years and am now in a HUDVASH housing in Colorado and not knowing what I should do. The time I appealed they gave me the same doctor for the exam and he just kept saying “oh I don’t think you’re brain damaged…” I wanted to hit him. (real bad) I have my good days where I’m fine and days (like today) where I don’t want to see anyone…blah blah…So should I get an attorney? I am so sick of this shit. Thanks Victor

Ok, so now I was informed by my V.A. Service Rep. that she did not file a DRO but a "reconsideration" of the original award. I am getting another T.B.I. assessment at the V.A. Monday but it won't be a C&P exam it will be an assessment for treatment (I guess) I also had a CAT scan on Wednesday but have not gotten the results back yet. I am also having a buddy who served with me write a statement to the effect that I displayed erratic behavior and mood swings after my T.B.I. So who does this "reconsideration" What's the difference between that and a DRO? I thought I had already filed a NOD.

What is an IMO? No, I didn't get a purple heart, it was an accident. I want to go for 100% but I haven't talked to my V.A. Rep. who is working on this DRO for me for a few weeks. So I don't know exactly what is going on. I would like to get another evaluation as the previous doctor was an idiot. I already had a psych eval and she said I was 100% disabled, but for whatever reason say that it's not related to my T.B.I. Confuses the hell out of me...I mean I thoughtI had problems...geeeesh.

Yes, they gave me service connection for the T.B.I. and the examiner said that since the T.B.I.'s I incurred before service had "resolved themselves" the issue was "moot". That doesn't make any sense. From what I have researched, it is for the very reason I incurred these two previous T.B.I's back to back a year before I enlisted that the subsequent one and its after effects were worse and have lasted for years. I received other T.B.I.'s in service because my inhibition and mood swings and violent behavior was off the charts, but these are considered "willful misconduct" but were as a result of the symptoms I displayed because I had the other T.B.I.'s. Is it possible to have these other injuries listed as well as a result of the "awarded" T.B.I.? I really became a mess after this.

I got out on an honorable discharge with an RE-3R enlistment code...meaning they didn't really want me back, or so I'm told. I got into some trouble when I was 15 and made a ward of the court and they gave me the choice of either going to boys industrial school until I was 18 or have a psych. eval at a hospital. I chose the hospital and I reported this while I was in boot camp and they sent me to a RE unit to be checked out. I was given a clean bill of health and allowed to move on to the fleet. I wasn't diagnosed with anything. But now I beleive they are going to try to make something of this even though I wasn't diagnosed with anything and allowed to enlist. My medical induction records say I was in "good health" apart from my two previous T.B.I.'s. I guess they can make it as complicated as they want. I am in continuous care through the Metal Health dept. at my local V.A. Med. Center. I would like to try to find the C.O. of my ship who expressed concern about my mood swings and erratic behavior and have him srite some sort of statement, but I don't know how realistic that is.

Yes, I appreciate all the quick and informative responses! I do need to chill as my V.A. Rep. says as well. I just get nervous as the V.A. is not exactly forthcoming with all its info. Hell, I didn't even know I could get help from the V.A. until almost 20 years after I got out. I was never given any guidance and I have basically been having to find all this info. out myself about T.B.I. and its effects. The question I still am wondering is becasue I had the two T.B.I.'s prior to service, could this be considered an aggravation of a pre-existing condition?

Hi all, I was given 10% for tinnitus and 0% rating for my T.B.I. that is documented but the examiner said that there were no "residual complications" as a result of the T.B.I. Stated that in my medical records the T.B.I. had resolved itself and that I was fine. This flies in the face of the fact that after this injury I had a dramatic shift in my moods, became severely depressed, had violent outbursts and even a suicide attempt. My T.B.I. occured in 1982 and after I left the service in 1984 I couldn't hold a job and ended up living on the streets in Mpls. until I went into a private treatment facility. I had no idea at the time that I could recieve any medical treatment through the V.A. until 2003! I have been in and out of treatment centers and hosptials. I am now currently living in subsidized housing, on food stamps, and struggle on a daily basis just to function being on a variety of anti-depressants and anti-psychotics. My question is, a year before I enlisted, I was involved in a motorcycle accident and then two weeks after that I was involved in a car accident both of which resulted in moderate T.B.I.'s where I was knocked unconscious for 12 hrs. and then 24 hours respectively. I reported these facts and are on my records when I first enlisted. I have since researched the medical findings of what is called "cumulative concussions" which increase in their severity over each subsequent injury. That the third or more T.B.I.'s can be the "Straw that broke the camels back" so to speak. My behavior after this T.B.I. in service was "crazy" I did things that I still don't remember but others do and that caused me allot of disciplinary actions. I was arrested numerous times by police and began having allot of problems with alcohol abuse. My sister became so concerned about my behavior that she drove to San Diego where my ship was stationed and had a conference with my C.O. who expressed to her his frustration and concern about my erratic behavior but didn't know what to do. She recently wrote a statement to this effect and I also have a friend who is a retired CWO3 that I was stationed with who is also writing a statement about my erratic behavior. I complained numerous times that I thought I needed some sort of help to my Leading P.O., 1st lietenant, and finally my C.O. but I never got any. I never recieved any medical or pyschiatric examinations and so my medical records don't reflect any of this. The examiner was a total dick and he said I was "fine" and that there was no evidence of any problems. three months before my examination for the T.B.I. I had an examination from a Psychologist and she said that I was 100% disabled, but the V.A. is saying that this is due to my congential psychological issues! Well....duhhh, I started having these "issues" after my T.B.I. in the service. I also found out that there is also a legal precedent that is called the "Thin Skull Rule" where if a person in the civil court system is found to have had a "predisposition" to a disease or injury becasue of earlier problems, such as previous head injuries, etc. then the court is to award the plaintiff full compenstation. In other words, like a carton of eggs that you don't open and look at before you buy them, you get them the way they are, broken or not. Would this also apply to an "aggravation"? I am in the process right now of a Decision Review Officer process and I am just really mad right now that all my problems I started to have are just not being taken into consideration. I have really struggled all these years. Any suggestions?