Good day good defenders of freedom!
I was told to come here by my battle buddy!
I am SC for:
PTSD 50%
Lumbar Pain 20%
Tinnitus 10%
R Ear Hearing Loss 0%
In 2005, I was involved in another IED explosion, this time it was VBID. I was thrown off a front end loader and landed on my back. I hit my head and was disoriented, my ears were ringing, and it was difficult to focus afterwards, I was not knocked unconscious. I was helped up by a fellow soldier, and began to help.
I filed for SC in 2009, and was granted SC in 2010. SC was denied for headaches and this was the denial explanation:
[“We may grant service connection for a disability which began in military service or was caused by some event or experience in service.
You report you have headaches occurring twice a day. They are not precipitated by anything in particular although you do report some light sensitivity. The headaches are in the frontal area of the head. You take aspirin for the headaches. Your STRs are negative for any treatment of or diagnosis of headaches. On your post-deployment exam in 2005 you denied any headaches. On separation, you denied any headaches. VA treatment records are negative for any treatment of or diagnosis of headaches. On VA exam, the examiner stated there was no evidence of any residuals of a traumatic brain injury.
We have denied service connection for headaches because the evidence of record fails to show this disability was incurred in or caused by military service.”]
*15 days prior PTSD C&P Exam: Examiner stated:
Medical History-
“veteran endorsed that his ears were ringing, he had dizziness, and had poor concentration afterward this blast.”
STR from 2006 show complaint of headaches and other symptoms associated with sickness.
Documented complaints from 2006-2018 of TBI residuals via psychological sessions and physical therapy sessions via VAMC.
Current diagnosis of Migraine headaches 2019.
The original 2010 denial was not appealed and this will be my first time challenging it.
Do I have a case for CUE based on the unmistakable face the TBI examiner did not review STR and, OR the PTSD C&P Exam?