Hi everyone,
I have a question that has been bothering me for awhile.
Do I have a TBI?
I have damage to my brain. I have documented structural damage, encephalopathy, and cognitive dysfunction. That is a fact. It is evident in MRIs, EEGs and neuropsych testing (from DoD, VA and IMEs) all show it definitively.
The problem is that the definition of TBI seems...squishy, to say the least. According to CFR 38 I have all the dysfunctions of TBI. But I don't have a VA/DoD document that says TBI.
I was not in a blast. I did not hit my head. I was not punched, hit, or shaken.
I had swelling in the brain (an external force?) from excess water in there (cerebral edema). This was an acute event. Afterwards, I had seizures and was in a coma for 36 hours.
I am VA rated for many of the post TBI secondaries. I have seizures, memory loss, depression, anxiety, migraines, etc. But VA considers the seizures as primary and everything else as secondary to the seizures.
But at a C&P the doc said "you do not have TBI." My DoD medical records and even VA records definitely show damage to my brain. Dr Bash says in an IMO I had a TBI.
So what is the official definition of a TBI? Who gets to decide if it is a TBI or just damage to the brain...and what the hell is the difference?
VA says my depression anxiety and migraines come secondary to my seizures. Can I argue that everything, including the seizures, come secondary to TBI? And if I can argue that how do I make the case to VA?
Thanks,
J-A-G