Blast Injury - Concussion? Tbi?

[JustPLS]

Hi, everyone. I need some help with medical terminology.

I have a claim working for effects from 2 different blast injuries suffered in Vietnam (RPG, satchel charges). I think I made a mistake by referencing the injuries as TBI (I thought that was the new name for concussion), and my claim was initially denied, because there is no mention of TBI in my records. I don't know when TBI came into military medical usage, but I don't remember hearing it until about 2005.

My question now is - how do I need to re-characterize the injuries? Should I just refer to them as blast residuals, concussion, or something else? If I call it one thing, will the VA pick up on the incorrect name for the injury and rate it anyway?

My service medical records reference both injuries as due to blast, or rocket blast. Any help will be appreciated.

[Pete53]

File a NOD with a Form 9 attached.

[JustPLS]

File a NOD with a Form 9 attached.

Thanks, Pete. So I don't have to wait for the SOC to file the form 9?

Pat

[Pete53]

The Form 9 is on a time limit. Ask for a SOC on the Form 9. The form 9 should include a brief statement of what you are asking for and if you are not able to work ask for TDIU.The Form 9 will guarantee your effective date without it many problems can develop. Besides the initial claim probably the most important document in you C File.

Good Luck

[JustPLS]

The Form 9 is on a time limit. Ask for a SOC on the Form 9. The form 9 should include a brief statement of what you are asking for and if you are not able to work ask for TDIU.The Form 9 will guarantee your effective date without it many problems can develop. Besides the initial claim probably the most important document in you C File.

Good Luck

Thanks, Pete. Sounds like good advice.

[Berta]

I sure hope you have proof of mailing them the evidence.

When I testified at the hearing on VA's shredding scandal I mentioned I had 53 USPS tracking slips for submissions of evidence over a six year period that VA ignored.

I also sent the Sub COmmittee a copy in living color of the 53 green and white USP tracking slips all fanned out- they all didnt fit on the page.

Funny thing is the missing stuff suddenly appeared when the BVA got the case a few months later.

You have to make sure you retain copies of everything you send them as well as proof of mailing it to them.

"Nothing in the records about concussion that I could see, nor did it mention that I lost consciousness in both incidents."

You might need to obtain a buddy statement if the records are silent on having been in a blast or rocket blast-

do the hearing problems in the SMRs document that this was due to a blast?

Did you claim hearing problems and tinnitus due to this blast?

Have you attempted to find any morning reports or have you attempted to find out if your unit has a web site?

Was any soldier killed or any other soldier injured in this blast?

What was your unit and MOS- and the approximate date and place of this blast?

Was it regular incoming or due to offensive tactics?

Was USA equipment or materiale damaged by this enough that there would have been a report prepared?

Unfortunately although Corpmen are well trained to document everything even in the heat of battle or right after it but often they couldnt- and that is when a buddy statement can be critical to proving a claim.

Your unit might have a public reunion list and maybe someone's name would strike a bell- it takes a lot of googling etc to find a buddy but it can be done.

Did your unit retaliate against this strike in a way that would have generated a morning report written soon after the rocket blast?

A buddy statement could give an eyewitness account which is what you need. Of course it would have to come from someone in your unit at the same time who recalls this event and who's MOS would be compatible with that.

And then this event would have to be found as directly causing or contributing to documented disabilities you have now-that are disabling at a ratable level.

You can revoke your POA by sending the POA a letter (certified) as well as same letter to the VARO where your claim is stating that you have decided to revoke their POA.

[JustPLS]

I sure hope you have proof of mailing them the evidence.

When I testified at the hearing on VA's shredding scandal I mentioned I had 53 USPS tracking slips for submissions of evidence over a six year period that VA ignored.

I also sent the Sub COmmittee a copy in living color of the 53 green and white USP tracking slips all fanned out- they all didnt fit on the page.

Funny thing is the missing stuff suddenly appeared when the BVA got the case a few months later.

You have to make sure you retain copies of everything you send them as well as proof of mailing it to them. I do have copies and proof of mailing if I need it.

"Nothing in the records about concussion that I could see, nor did it mention that I lost consciousness in both incidents."

You might need to obtain a buddy statement if the records are silent on having been in a blast or rocket blast-

do the hearing problems in the SMRs document that this was due to a blast?

Yes, the first one ('68) says due to rocket blast, the second ('70) just says injury due to blast, I think.

Did you claim hearing problems and tinnitus due to this blast? Yes, and am service connected for both...10% for tinnitus only

Have you attempted to find any morning reports or have you attempted to find out if your unit has a web site? No, I haven't tried morning reports, and I haven't found a web site for the unit I was with during the first incident. There is a website for the unit I was with in the second incident, and I communicate with a few of those guys from time to time.

Was any soldier killed or any other soldier injured in this blast? Yes, unfortunately

What was your unit and MOS- and the approximate date and place of this blast? A/1/8th Cav, 1st CAV Div,mos 1542, March 25, 1968, Quang Tri province, RVN; D/1/506th Inf, 101st ABN Div, mos 71542, April 7, 1970, Thua Thien Province, RVN

Was it regular incoming or due to offensive tactics? 3/25/68 due to firefight; 4/7/70 due to attack in our night position

Was USA equipment or materiale damaged by this enough that there would have been a report prepared? I'm sure some weapons were destroyed, but that was pretty commonplace - don't know if any reports prepared or not

Unfortunately although Corpmen are well trained to document everything even in the heat of battle or right after it but often they couldnt- and that is when a buddy statement can be critical to proving a claim.

Your unit might have a public reunion list and maybe someone's name would strike a bell- it takes a lot of googling etc to find a buddy but it can be done.

Did your unit retaliate against this strike in a way that would have generated a morning report written soon after the rocket blast? Well, we were in a fight all day in '68, so yes....in '70 we shot artillery, small arms, helicopter gunships...

A buddy statement could give an eyewitness account which is what you need. Of course it would have to come from someone in your unit at the same time who recalls this event and who's MOS would be compatible with that. In documenting my hearing loss and tinnitus, the VA included in the rating decision that I was injured by a rocket blast (RPG), so I don't think I need a buddy statement to corroborate that...I think I just need to find a way to make them read the file and put the blast injuries together with possible TBI/concussion. If I need buddy statements to say I was unconscious, I might be able to get them. So far, they won't even correspond with me about what I need. They just said it was denied because there is no mention of TBI in my medical records.

And then this event would have to be found as directly causing or contributing to documented disabilities you have now-that are disabling at a ratable level. Yes, I agree....but unfortunately, some of the symptoms are similar to those of PTSD, and I'm already compensated for tinnitus. I know there can be no pyramiding, but I think as far as service connection goes, I should be given the benefit of the doubt whether or not they compensate me.

You can revoke your POA by sending the POA a letter (certified) as well as same letter to the VARO where your claim is stating that you have decided to revoke their POA. I revoked the POA today.

Thanks for your interest, Berta. I appreciate your questions, as they make me think throught the process again.

Pat