"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?

[john999]

IMO=Independent medical opinion

[vwoodsong]

Ok, so now I was informed by my V.A. Service Rep. that she did not file a DRO but a "reconsideration" of the original award. I am getting another T.B.I. assessment at the V.A. Monday but it won't be a C&P exam it will be an assessment for treatment (I guess) I also had a CAT scan on Wednesday but have not gotten the results back yet. I am also having a buddy who served with me write a statement to the effect that I displayed erratic behavior and mood swings after my T.B.I. So who does this "reconsideration" What's the difference between that and a DRO? I thought I had already filed a NOD.