"awarded" 0% T.b.i. ?!

[vwoodsong]

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?

[jvretiredvet]

Any suggestions? Yes ... don't panic until you get the DRO's decision. The DRO can either uphold the 0%, or the DRO can overturn that 0% and award sumpin' higher. If there is any evidence that you have not already submitted, it MAY help to submit that. Otherwise, and I know this seems cruel, take a chill pill.

On another note, you have passed the first and, IMNSHO, the greatest hurdle, that of service connection.

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?

[carlie]

vwood,

Prior to Oct 2008 the rating criteria for "brain trauma" diagnostic code (DC) 8045

had a 10 percent cap on it.

Oct 2008 - Regs went into effect, which brought in the new DC 8045 for TBI.

Here's a link for the post Oct 2008 rating criteria :

Scroll down to 8045.

http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?c=ecfr&sid=0a2972cd8166edaf0e264cbd1b991149&rgn=div8&view=text&node=38:1.0.1.1.5.2.110.67&idno=38

[donna68]

vwoodsong,

First of all you are in a good position, you were granted SC for a TBI and tinnitus separately. They could have included the tinnitus in with the TBI and given you a 10% for TBI, but they gave you the better scenerio.

As far as your symptoms, if you have mood symptoms before the TBI and its in you treatment records, they cant be sure your currnent symptoms arent from that, but you can still put in for the mood disorder.

As far as your congenital mental condition? Im not sure what you are referring to but mood disorders or mood conditions are not congenital to VA but mental retardation, ADHD and personality disorders are. So, if you had a mood disorder diagnosed in service, then you need to put in a claim for it, if it was a personality disorder, then it is not service connectable, unless you get amedical oinion your personality disorder was caused by your TBI in service. TBI can affect your mood and personality, so if you dont have a mood disorder and just a change in mood after the TBI, then VA will look at what are the residuals now, not then when the TBI occurred. Again if you have a diagnosed personality disorder, that makes things more complicated.

[carlie]

vwoodsong,

First of all you are in a good position, you were granted SC for a TBI and tinnitus separately. They could have included the tinnitus in with the TBI and given you a 10% for TBI, but they gave you the better scenerio.

As far as your symptoms, if you have mood symptoms before the TBI and its in you treatment records, they cant be sure your currnent symptoms arent from that, but you can still put in for the mood disorder.

As far as your congenital mental condition? Im not sure what you are referring to but mood disorders or mood conditions are not congenital to VA but mental retardation, ADHD and personality disorders are. So, if you had a mood disorder diagnosed in service, then you need to put in a claim for it, if it was a personality disorder, then it is not service connectable, unless you get amedical oinion your personality disorder was caused by your TBI in service. TBI can affect your mood and personality, so if you dont have a mood disorder and just a change in mood after the TBI, then VA will look at what are the residuals now, not then when the TBI occurred. Again if you have a diagnosed personality disorder, that makes things more complicated.

donna,

Really good info and reply.

I am SO GLAD to see a VA insider pointing out that the personality disorder CAN BE SC'd IF

medical opinions show the personality disorder "was caused by your TBI in service".

[vwoodsong]

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?

[john999]

Every TBI you have increases the damage and risk. 0% for TBI should be appealed. If you can show any symptoms or any aggravation of existing symptoms that should be good for some percentage above 0%. Get more tests. You do this by complaining to your PCP. Get a referral to a shrink if you don't have one already. The military has made thousands of erroneous personality disorder diagnoses for everything from PTSD to schizophrenia. Half the people that use this list have had incorrect PD DX'es. It is easy to kick someone out of the military as a PD. They don't have to pay a dime and everyone is happy except the poor vet who may have a TBI or bipolar disorder for all they know.

John