"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?

[vwoodsong]

I got out on an honorable discharge with an RE-3R enlistment code...meaning they didn't really want me back, or so I'm told. I got into some trouble when I was 15 and made a ward of the court and they gave me the choice of either going to boys industrial school until I was 18 or have a psych. eval at a hospital. I chose the hospital and I reported this while I was in boot camp and they sent me to a RE unit to be checked out. I was given a clean bill of health and allowed to move on to the fleet. I wasn't diagnosed with anything. But now I beleive they are going to try to make something of this even though I wasn't diagnosed with anything and allowed to enlist. My medical induction records say I was in "good health" apart from my two previous T.B.I.'s. I guess they can make it as complicated as they want. I am in continuous care through the Metal Health dept. at my local V.A. Med. Center. I would like to try to find the C.O. of my ship who expressed concern about my mood swings and erratic behavior and have him srite some sort of statement, but I don't know how realistic that is.

[carlie]

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?

Of course it would - if there was nothing prior to service

then there could not be aggravation during service.

[jvretiredvet]

Please excuse me, but I am becoming more confused as to your real question ... is this about service connection or is it about the percentage assigned?

In your first post in this thread, you said that you were service connected for TBI with an evaluation of 0% ... is that correct?

Per your post, you appealed that evaluation and you are in the process right now of a Decision Review Officer process . The issue, if I understand your posts correctly, is the 0% evaluation, correct? The DRO will not re-address the issue of service connection itself so no additional evidence is needed to prove TBI, but the DRO will address the assigned evaluation.

An evaluation for a specific disability generally is based on the current residuals or problems of the condition and not the entire history of the condition but rather. So, any historical evidence, other than pretty much recent evidence, is not necessary because YOU ARE SERVICE CONNECTED for TBI. However, in the area of mental disorders or mental disorders associated with a brain injury, a somewhat more longitudinal history may be helpful with an evaluation. But, this type of evidence may already be in your C-file.

An initial Rating Decision is basically two decisions. The first and most important overall is whether a certain condition is related to your service and thus can be service connected. The second, which affects your wallet, is the disability percentage assigned.

If you are concerned whether service connection was granted for TBI on a direct basis or the basis of aggravation of a pre-existing condition, look at that specific issue in the Rating Decision. The Rating Decision should tell you.

I got out on an honorable discharge with an RE-3R enlistment code...meaning they didn't really want me back, or so I'm told. I got into some trouble when I was 15 and made a ward of the court and they gave me the choice of either going to boys industrial school until I was 18 or have a psych. eval at a hospital. I chose the hospital and I reported this while I was in boot camp and they sent me to a RE unit to be checked out. I was given a clean bill of health and allowed to move on to the fleet. I wasn't diagnosed with anything. But now I beleive they are going to try to make something of this even though I wasn't diagnosed with anything and allowed to enlist. My medical induction records say I was in "good health" apart from my two previous T.B.I.'s. I guess they can make it as complicated as they want. I am in continuous care through the Metal Health dept. at my local V.A. Med. Center. I would like to try to find the C.O. of my ship who expressed concern about my mood swings and erratic behavior and have him srite some sort of statement, but I don't know how realistic that is.

[vwoodsong]

Yes, they gave me service connection for the T.B.I. and the examiner said that since the T.B.I.'s I incurred before service had "resolved themselves" the issue was "moot". That doesn't make any sense. From what I have researched, it is for the very reason I incurred these two previous T.B.I's back to back a year before I enlisted that the subsequent one and its after effects were worse and have lasted for years. I received other T.B.I.'s in service because my inhibition and mood swings and violent behavior was off the charts, but these are considered "willful misconduct" but were as a result of the symptoms I displayed because I had the other T.B.I.'s. Is it possible to have these other injuries listed as well as a result of the "awarded" T.B.I.? I really became a mess after this.

[john999]

You need a good IMO on the TBI. It is a known fact that TBI can cause all the behaviors you listed. My father-in-law had a TBI and he was never the same. He was totally out of it for about a year. He could not control some of his behavior and had seizures. You cannot depend on the VA to help you when they cannot even recognize possible personality changes due to TBI. If I was you I would go for 100%. Did you get purple hearts for the TBI's?

[vwoodsong]

What is an IMO? No, I didn't get a purple heart, it was an accident. I want to go for 100% but I haven't talked to my V.A. Rep. who is working on this DRO for me for a few weeks. So I don't know exactly what is going on. I would like to get another evaluation as the previous doctor was an idiot. I already had a psych eval and she said I was 100% disabled, but for whatever reason say that it's not related to my T.B.I. Confuses the hell out of me...I mean I thoughtI had problems...geeeesh.