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Quest To Prove Tbi

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killemall

Question

Like many of you I spend way to much time thinking about this stuff but I decided to keep an updated logg of my progress and what better place to keep it than here.

Back in 98 while in basic training I was knocked unconcious when a fellow recruit hit me in the head from behind by swinging butt stock of his m16 like a batt. I was unconcious for nine hours and awakened at 3 am when I was found in the woods.

The drill sgts swept it under the rug and was simply labeled as a training accident.

Fast forward 14 years and I have many problems.

Sever loss of hearing

Loss of balance

Slurred speech

Numbness in left facial area with drooling

Decreased memory

It was all a lil too much and I contacted the suicide hotline.

In the middle of may 2012 I was seen by a phych and after describeing my symptoms the doc asked if I ever had an head injury to which I described the above.

A week later I went to intake were I was recommended to go through neurology.

The first week of june I was seen by my provider. I was given a cat scan wich came back clean.

My next apointment was the beginning of july 2012 with my provider. I am now scheduled for the following in the month of July 2012

Neurology

Neuneurology

Mri

Sleep apnea

Ill update the results of the appointmentments

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The VA admitted that I did have sufficient evidence to prove a likely tbi related injury in my most recent claim denial of July 2016.  However they stated that I was not treated for any tbi related injuries after the stitches removal to my face in basic training in 1998.

I feel that they are correct, however I was 18 years old.  I didnt know that passing out twice within a week of my tbi could be tbi related. I also had no idea the ringing in my ears was probally from the tbi.

 

I DIDNT EVEN KNOW WHAT A TBI WAS!!!!!

 

The last thing I was trying to do was stay at fort benning Georgia doing Infantry basic any longer than I had to. So I sucked it up.

 

So my quest for tbi continues (atleaste they admit the possibility of a tbi in writing now)

 

My tbi has been in the appeals process for 6 months and I have hired a disibility lawyerIhard to believe 4.5 years have passed since I started this thread.

 

I will never give up!!!!!

 

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Good for you....can you scan and attach here their denial as to the evidence they listed and their rationale?

(Cover C file # etc prior to scanning it)

VA was caught giving improper C & P exams regarding TBI some years ago (possibly in the time frame of your claim.)

Did they fully consider the IMO you had from Dr. Bash?

GRADUATE ! Nov 2nd 2007 American Military University !

When thousands of Americans faced annihilation in the 1800s Chief

Osceola's response to his people, the Seminoles, was

simply "They(the US Army)have guns, but so do we."

Sameo to us -They (VA) have 38 CFR ,38 USC, and M21-1- but so do we.

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I assume Dr Bash had all of your SMRs and all post service medial records, but the denial says he gave no rationale.

In my IMOs from Dr Bash he gave a full medical rationale based on direct evidence (entries in the deceased veteran's VA medical records, autopsy, etc etc etc.)

I had given Dr Bash a chronology to prove my husband  had DMII from AO (never disagnosed or treated by the VA) and that it had contributed to his death.

I worked on the chronology for weeks before I even emailed Dr Bash.

I enclosed the med recs and also highlighted and tabbed significant entries, blood chem factors and also I made from an autopsied brain and heart,photo I found on the net,  a diagram that coincided with the multiple misdiagnosed strokes and heat disease the VA also had failed to diagnose and treat.This took me weeks to do and much medical research as well.It also took time to figure out how to word the claim.

I had already won under FTCA/1151 wrongful death and could not file an additional 1151 death claim,so this was for direct SC and the BVA awarded it ( the VARO never read the IMos or any of my evidence)

What I mean is that there had been documented symptoms of diabetes mellitus throughout the 6 years this VA had been treating my husband.The death certificate and the autopsy concurred with my lay medical research.

My dead husband had documented symptoms for 6 years, that if VA had diagnosed and treated ,would not have contributed to his death.

These things are what is missing in your claims..any consistent residual and documented symptoms of TBI.

VA might be missing all that but I would be surprised if Dr Bash did.

Or maybe they did not carefully read his rationale.

In any event they denied properly in my opinion, based on the scan you posted.

Have you taken the time to go through your medical records thoroughly?

Have you read all of the TBI info here?

 

 

GRADUATE ! Nov 2nd 2007 American Military University !

When thousands of Americans faced annihilation in the 1800s Chief

Osceola's response to his people, the Seminoles, was

simply "They(the US Army)have guns, but so do we."

Sameo to us -They (VA) have 38 CFR ,38 USC, and M21-1- but so do we.

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Ill scan what Dr Bash wrote later.

 

From what I saw......

 

Me and my friend both used dr bash.  My friend went from 80% to 100%.  I remained at 70%.

 

They used everything dr bash wrote as gold on his claims. The VA put a lot of weight on everything Dr Bash said.

 

However the person who did my claim did just the opposit and tried to undermine Dr Bash at every turn.

 

 

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