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ESV12B

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Everything posted by ESV12B

  1. Hi rootbeer22, sorry to here all you have been put thru the ringer as well. When I hear other peoples stories and how obvious the injury is, I get even more frustrated. My VSO had me do a statement of support when I filed my NOD. I have also attached my records and notes from the VA as well as from my private doctors. I have not sat with my PCP and try to discuss my case for TBI versus PTSD. I have mentioned in the past that I believe there are a number of things going on that are unrelated to PTSD. I have mentioned before other things that I believe to be unrelated to PTSD. I understand how the symptoms can overlap. But from the beginning I had always believed TBI was the issue, not PTSD. In my opinion, if I have PTSD, it is minimal. But according to the VA they may see that differently, just as they see the claims for TBI differently for vets like you and myself. I was involved in a number of IED/landmine blasts that directly hit the vehicle I was riding in at the time. But only three of them were note worthy in my opinion. This doesn't include the many controlled and uncontrolled blasts we faced almost daily during which most times the minimal stand off requirement was not met. Like you mentioned, the blast wave and pressure from the blasts can cause significant damage itself. I'll never forget the feeling when a blast goes off, especially while being on the ground when one occurs, how the blast wave just enters your body with complete disregard for any body armor that is being worn. I always thought how it was sort of neat how I could never feel it hit my gear. It just would pass right thru and I could feel it in my body. But after doing research and listening to other stories, I now know this is a serious issue that has seen little resolve. I have reached the same level of patience with my docs now and give them the respect they deserve but there are to many "little" things that set me off daily, especially with anger and irritability. The latest concoction of meds they have me for the past 1.5 years or so now have helped more than anything prescribed in the past for my mood and anger. I just want to be able to have this recognized as something other than PTSD. Then maybe I could get into some beneficial treatment other than talking to mental health, doing group therapy, yoga, and taking pills. I hope everything gets better for you and for all our other vets fighting these problems. Keep up the fight brother and thank you for the input!
  2. Not much to update here. My appeal was sent to a DRO and two weeks ago I got a call from the Seattle RO about my TBI claim. They told me that they just wanted to let me know that the appeal is being reviewed and a decision could be made on the spot. Or they could say more testing is required to properly reach an accurate decision. They asked if I had any questions. I mentioned just about everything I have previously posted. The guy talking to me didn't have any real answers to give me. I'll provide more once I hear back... probably in another year or two. I'm not done fighting but mentioning problems to my PCP is worthless. She blames the undiagnosed problems I am having on PTSD. That is her answer for everything and to take it up with my mental health team. When I mention what is going on to them, they say that is a PCP issue. My wife feels like she is doing the VA's job and has no more patience to help me. My relationship problems just feel like collateral damage at this point. Trying to get the appropriate help is never going to happen. Everything is PTSD related to the VA. I'm on all the meds my body can handle. But this is a common theme with the VA, dope up the vets and tell them they are better. I'll keep on my docs to get me the help I need. Everyone else fighting the same fight, don't stop. In my opinion, that is what the VA wants. They want to wear us out and have us go away. I gain a little bit more motivation every time I come back to this site. Thanks for everyone who shares their experience.
  3. Got a letter from ebenefits breaking down drill pay I owed for being in the reserves and collecting VA compensation in 2013. The letter in the mail which cam this year is explain Drill Pay (FY 13) Withholdings begin on 01JAN2016 and ends 29JAN2016. That is all fine and dandy. I get understand the law with collecting both so you have to pay one back. VA compensation being the smart choice. I know I had paid back drill pay but couldn't remember if it was 2013 or 2014. A historical claim on ebenefits shows that a claim was submitted on 5/30/2014 and claim closed on 11/19/2014 for Drill Pay (FY13). Status shows complete. Did they take back the FY13 drill pay twice? It wasn't for FY2014 drill pay because the most recent paperwork I received shows below the amount withheld for Drill Pay FY14 begins 01FEB2016 and ends 07APR2016. Ebenefits has no claim in my historical claims list for Drill Pay FY2014. FY13 however does show up there as a completed claim already. Just confused. Maybe they didn't take money for FY13 back in 2014. I'm digging through letters from the VA but I am pretty sure they withheld this payment already. Does this seem correct? Or make any sense?
  4. Going through ebenefits today to submit a claim for my neck I came to the page with all the ratings. I am rated for my lower back and have never had any secondary condition for it. Today I see 1. Cervical strain 2. Neck strain 3. Multilevel degenerative disc disease 4. Disc osteophyte complex 5. Facet Syndrome I have always had neck problems and have what I think is more than enough records while on active duty to prove it started only after I was in the military. It is documented when I enrolled into the VA but it never was something that stopped me from anything. Until last year it got a lot worse. And by the fall of last year I was having a lot of problems with my neck causing me pain, keeping me in bed, not being able to dress myself, couldn't drive etc. After a new xray from the VA in SEPT 2015 it had a few indication there might be some problems going on. At the end of the year I had a few days in a row where the pain worsened dramatically each day until I eventually couldn't move. Any movement caused pain. My wife took me to the VA ED in a different city than where I am normally treated and they gave me some stuff for the pain and to relax me. My wife wanted them to do a MRI but they couldn't they said since I was not at my assigned VA. Called PCP the next day for a MRI and 3 months later the VA had me seen. The problem was better the day of the MRI than it was 3 months prior in the ED but I still had lots of discomfort. In between all this I established care with a private PCP 2 days after leaving the VA ED they had seen me and given me some injections and referred me to physical therapy. He also prescribed some medications. Fast forward to today and I am planning on making a claim after I have all my notes compiled to make it a less bumpy adventure with the VA and pretty much everything found in the MRI is now listed as a secondary to my service connected lower back. Should I still file a new claim for my neck and list all the secondary's they have under my lower back rating? And should my rating percentage for my back have been looked at for possibly increasing it now that these secondary problems are added? or is this a way for the VA to rate the neck problems without having to compensate for another service connected disability. The original rating is unchanged after all these secondary's are added into it. If so, is it better to have my lower back rating increased? Or to have a separate rating for my neck? And if it stays as a secondary condition under my lower back, can I still pursue treatment for it through the VA or will they consider treating my lower back since my neck is now secondary to that? (which blows my mind.) At this point I have stopped going any further with the filing the claim. I have it started so it doesn't expire for a year. Just want to make sure I a m making the best choices.
  5. I'm reading more of my notes. October 2013, a note was put in mentioning the TBI screening I had in FEB2010. (This is the one I don't remember ever having and my VA notes have nothing specifically detailing this screening, just mentions it years later.) This is the note in my records, The screen was negative for TBI and ongoing post-concussive symptoms. TBI screens come due again at every VA a Veteran enrolls at, regardless if a Veteran has been screened or evaluated for TBI. The most accurate assessment of possible concussion is done at the time of the event. More remote assessments become inaccurate, because historical memory for details is less accurate over time. National guidance through the Polytrauma System of Care is to avoid rescreening for TBI if an initial screening at a time period closer to the event was negative, unless there was an additional deployment/event afterward. Since the first screening at the Tucson, AZ VAMC was negative, and the Veteran has not been redeployed since that time, this consult is discontinued. For the TBI screen conducted in 2013, it has notes as far as who did it, what time it took place and where it was done at. Nothing like that for this imaginary TBI screen done in 2010. The VA claiming to have done a TBI screen in 2010 and it being negative seems like an easy way to deny benefits when I enrolled in the Salt Lake City VA in the fall of 2013 according to the national guidance through the polytrauma system. I'd love for the VA to produce something that documents the TBI screen in FEB2010. My first day eligible in the VA was 31JAN2010. I enrolled a couple days after that. Even if I enrolled on 30JAN2010, there is no way the VA got me an appointment within 30 days to be evaluated for TBI at that time. And my concerns at that time were to get my back taken care of. Nothing else until a few months later after I had seen case worker, PCP, Psych, etc. Just trying to piece together things that happened 5 years ago. Sorry for ranting. Just really frustrated about the so called TBI screen done in FEB2010.
  6. Berta , attached is the C&P for TBI done by VES at the end of 2014. Like I said before, I was in this guys office building for maybe 20 minutes. Some things I read on here can only be answered if certain testing is done first. Don't know how he answered those questions. Also some of the "no" answers clearly apply. I don't remember any of these questions ever being asked. He saw I was having problems with my neck when he came to talk to me and was more concerned with the problems I had with my neck and back. If I didn't have paperwork telling me this was a TBI appointment I would have had no way of knowing that was what I was being seen for. EDITED COPY OF VA (CONTRACTOR VES) TBI DBQ 05NOV2014.pdf
  7. rootbeer22, I agree with you when it comes to who is doing the exam and it being the luck of the draw. Proving TBI in a VA claim is a tough battle. Just from what I have seen guys go through who I personally worked with while deployed is unacceptable. Having undisputable evidence is no good while the VA is considering TBI to be a joke and failing to to take care of veterans with TBI and other injuries, disabilities, and illnesses. I though fighting my PTSD claim was a tough battle with the VA. After all, I had a diagnosis, combat awards, proof of traumatic events and stressors, and buddy letters confirming all this. TBI is a different monster. I think to have a case be approved quickly and the first time you would need to be deployed, get injured and lose consciousness, while unconscious submit a claim to the VA and hopefully have them make a favorable decision before you are once again conscious. Otherwise you would probably be considered healed or unharmed in their eyes. Good luck with the increase for your TBI rootbeer22. I'm waiting to get an appointment scheduled with my VSO and discuss things about a CUE. Either way I'll be spending my time reading all I can and preparing for the VA to deny TBI until I have a rating or go through the proper testing that should have been done a long time ago to completely rule out TBI instead of a few generic questions that most guys I served with would all have the same answers to.
  8. My VSO is about 30 miles from the RO. For the TBI screen done in 2010, there is absolutely nothing in my VA notes that mention this. I will bring up the CUE to my VSO and I'm hoping he knows about it. My PTSD claim was filed in 2010 and was won in 2013 after appealing their denial decision. They originally only went back to April of 2011 but I fought them on the date and it was changed to the day after I left active duty since the original claim was filed within one year of separation. That claimed included PTSD, back, and ringing in my ears. All were denied but granted after the appeal. I'll look for the notes from the TBI exam in 2014 that they listed as evidence. I remember being there with the doctor for around 20 minutes and he focused more on my neck after doing some range of motion movements. But he assured all was well and sent me on my way. I though it was a visit related to my back. The contracted facility was a sports medicine complex in Salt Lake City. I'll find and share the notes. I will use your templates provided. Thank you. Also my RO is Phoenix now. I've heard of the CUE's but never read to much about it. I always thought it was to tough to prove and win by way of a CUE. Thanks for all of the advice and guidance. I had a small idea of where to start but never would have though of CUE. Thank you Berta.
  9. Forgot the evidence list. VA form 21-526EZ "Fully Developed Claim" received on July 7, 2014, initiated on December 30, 2013. Service treatment records and service personnel records for period of service from 09/20/2006 to 01/30/2010 Buddy statements received from XXXXXXX and XXXXXXX on July 15, 2014 and August 13, 2014 VA Contract TBI examination on November 5, 2014 Salt Lake City health care treatment records from February 3, 2014 to October 5, 2014.
  10. I'm working on getting everything scanned and into folders. Here is what I have so far. These were the notes from 2013 for the positive TBI screen that was positive but I was told was negative and nothing ever happened after this regarding the TBI concerns. Date/Time: 27 Sep 2013 @ 1224 Note Title: H&P PRIMARY-CARE PROVIDER NEW-PATIENT Location: VA Salt Lake City Hlthcare Sys ************MEDICAL DECISION-MAKING and FOLLOW-UP************* ASSESSMENT/DIAGNOSIS & PLAN: 6.pos TBI screen: consult for further eval. CLINICAL REMINDER ACTIVITY TBI Screening: TRAUMATIC BRAIN INJURY SCREENING Has the Veteran already been diagnosed as having TBI during OIF/OEF deployment? No Section 1: The Veteran experienced the following events during OIF/OEF deployment: Blast or Explosion IED (improvised explosive device), RPG (rocket propelled grenade), Land Mine, Grenade, etc. Blow to head (head hit by falling/flying object, head hit by another p erson, head hit against something, etc.) Section 2: The Veteran had the following symptoms immediately afterwards: Being dazed, confused or "seeing stars" Not remembering the event Section 3: The Veteran had the following problems which began or got worse afterwards: Memory problems or lapses Balance problems or Dizziness Sensitivity to bright light Irritability Headaches Sleep problems Section 4: The Veteran relates he/she is currently having or has had the following symptoms within the past week: Memory problems or lapses Sensitivity to bright light Irritability Headaches Sleep problems Positive screen. Positive screen. Results of TBI Screen discussed with patient. Consult for further evaluation discussed with patient and the patient agrees. Consult order entered. TBI Comprehensive Screening Consult. I never had any follow up to the from the TBI screening from these notes. I was treated for PTSD and have been since 2008 while on active duty but never had a diagnosis until 2010. The original denial letter is not saved to my computer yet but here is what was mentioned in that notice: Claimed received on July 7, 2014. REASONS FOR DECISION Service connection for traumatic brain injury, Service connection for traumatic brain injury is denied since this condition neither occurred in nor was caused by service. Your military occupational specialty during active duty was Combat Engineer and you received the Combat Action Badge for your military service. You submitted a letter from your squad leader who described an incident in October of 2007 when you were in close proximity of explosions. You submitted another buddy statement from your platoon sergeant that described blast exposures. Your service treatment records show that you were noted for 2 blasts on July 2, 2008. You were wearing a helmet and in a vehicle at the time and your head was not hit. You did not have a concussion. VA TBI screening on February 3, 2010 was negative for TBI. On October 7, 2011 you denied a history of TBI or concussion. On October 2, 2013 it was noted that your prior screening was negative for TBI or ongoing post-concussive symptoms. You were noted for a positive screening on October 5, 2013. At your VA examination on November 5, 2014, it was noted that you were in proximity to multiple blasts during military service. However there was no evidence of altered or loss of consciousness. There was no objective evidence to support a diagnosis of TBI. A full review of the evidence of record was completed by the examiner and it was opined that your claimed condition was less likely than not incurred in or caused by an in-service injury, event, or illness. The evidence does not show a current diagnosed disability. The VA medical opinion found no link between your diagnosed medical condition and military service. Therefore, service connection is denied. And to the most recent letter from the VA: We received your claim on November 3, 2015 for TBI/post-concussive syndrome and alcohol abuse (which is considered part of your mental health disability diagnosed as PTSD with major depressive disorder.) We also received your a Notice of Disagreement with the previous denial of your claim for TBI. The recent VA examination results show your PTSD and TBI residuals are intertwined therefore this issue must be addressed by the Appeals team since you submitted a Notice of Disagreement and the TBI and PTSD are intertwined. This rating decision addresses your other claimed issues and your PTSD/TBI issue will be addressed by the Appeals team in a separate decision. For the above mention of a TBI screen done in 2010, there is nothing in my notes from the VA that talks about a TBI screen done in 2010. I have everything requested up to the end of last year and have read through them along with my wife and no mention of a TBI screen in 2010. And I don't ever remember making the statement that I denied a history of TBI or concussion on October 7, 2011. And if this was the case, it seems a little odd that I would wait for well over a year from my so called "first TBI screen" to make this statement just to make it. At that time, all my treatment I was receiving had nothing to do with nor did it ever mention TBI. Also never heard from the Appeals team about the TBI and PTSD being intertwined so I followed up with the 800 number. Turns out the whole claim was closed out and nothing was ever forwarded to the Appeals team. This phone call took place in March of 2016. I received a phone call back from them apologizing for the claim not being forwarded to the Appeals team. They completed a veteran assistance inquiry to determine this and provided me with a reference number for the issue. A couple weeks later I received another envelope explain I can have either a DRO review or traditional appeals process. My VSO has been sick but another guy that works with him said he would recommend going with the DRO and have them review everything and hopefully reverse the decision and if not recommend that the proper treatment after a positive TBI screen is conducted this time while the claim is pending and make a decision after all that is completed. I think I wrote in all in the best order possible to paint the timeline picture.
  11. Have a laptop that I use occasionally. HP ProBook 430 G1. It has a SSD but I was wondering if I can add another SSD or HDD to it? This is a whole new world for me but something to keep me from doing nothing all day. The things I have read is that yes I can, some can just be added, some I have to removes current hard drive and install the upgraded version. I don't really have anything stored on it. Just some old homework assignments. But I would want to keep the windows 7 that is on it. Would that be a problem with adding or swapping out the hard drive? The laptop is decent for checking email or browsing the web. But I'd like to install some of the photography programs I have on my desktop onto the laptop and also play some games. Not sure if that would be possible on this machine or not. Any thoughts?
  12. I've read some other thread with kind of the same situation going on. Keep a long story short here. While on active duty I started seeing a doctor after a deployment and he was treating me for list of things. Post concussion syndrome was one of these things. This was 2009 and TBI was sort of being talked about but I didn't ever put to much thought into it. I was more worried about being able to sleep and wake up with the prescriptions I was taking. I believed that my only problem at the time was nightmares and sleeping. I enrolled in the VA in 2010 and had a TBI screening in 2013 that was positive. I vaguely remember a few questions about what sort of blasts I was exposed to and if I ever was unconscious. The usual questions when discussing TBI. And that was it. They told me I was fine. My TBI screen was negative they said. In 2014 I pulled all my doctor notes from the VA via the Blue Button feature from myhealthyvet. After reading years of notes I read about the TBI screen. There were notes that the TBI screen done in 2013 was positive and that I was asked if I would like to have follow up care and further examinations to determine the severity of TBI if any. The notes specifically said that service member agrees to follow up for positive TBI screen. I filed a claim at the end of 2014 for TBI. I was denied and I filed a NOD. I stated some brief but valid reasons why I disagree (the big one being that I was diagnosed and treated for post concussion syndrome while on active duty) with the VA's decision. I have about 40 days left of my 60 days to tell them I would like to have everything reviewed by the DRO or go the route of a traditional appeal. I'm leaning towards the DRO but would like some insight if that is the best way to go. And also if anyone has a answer, why the VA likes to bust balls when it comes to a post concussion syndrome diagnosis when making a TBI claim. And even when TBI is diagnosed I've read stories of guys not getting the proper attention. For years my I tell my PCP my problems and she refers me to mental health. I'm this depressed sack of shit who thinks my PTSD and depression are my problems and have been taking all sorts of meds over the past 6 years form the VA for this. But not once have they tried to possibly treat TBI or even take a peak and see if maybe that's the reason behind some of the issues I have. I've read about the poly trauma units and that it could be a good place to start. My closets VA that would have something like that is 50+ miles from me. I go to a small clinic that's closer and they have just about everything to accommodate me minus the big things like ED, MRI, pharmacy and poly trauma. Anyone ever dealt with the poly trauma units before? if so, how did everything go. I'd really like to explain some of the issues I am having to someone other than my PCP and not just be given more meds. At the very least, thanks for listening to my concern(s). Have a good night and thanks for allowing me to be part of this community.
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