Neuro Exam

[Pookie]

Hi folks,

Quick question here. On my C+P under neaurologival disorders micellaneous the doc wrote Moderate degree of ataxia /dizziness secondary to TBI. Hearing c+P says hearing loss is not from TBI. How will this be handled in your opinion?

Thank you all for what you do :)

Lisa

[Berta]

I am concerned about the Hearing loss.

Was the TBI from an IED or any type of loud inservice explosion?

If so, it seems obviously the HL should be secondary.

Did the Doc give any rationale or reason for your HL Not being from the TBI?

Lisa, I see you are at 80% SC now. Are you employed or has your SC conditions hindered your employment ability?

Was the C & P for a TDIU claim?

[meghp0405]

This is a fine area with hearing loss and TBI. I have been told and it has been proven through audio tests that when an individual has been diagnosed with TBI, they will suffer immediately, some type of hearing loss. However, most veterans tested after a year, will have most if not all their hearing back. It sounds strange and a bit unorthodox but it's true and test results don't lie.

Although short term effects for TBI may have many symptoms, the long term effects of TBI, lays with mostly cognitive shills or lack there of..

[Pookie]

Hi again, thanks so much for the replies. I had a bad car accident in 1997, I shattered my left femure and I suffered a severe TBI, I was unconscious for an unknown amount of time, and I attended the TBI center for 5 yrs. I was rated under the old law and it was suggested that I get rerated as I suffer PTSD, and experience migraines along with multiple other issues I scored a 40 on the GAF and a 19 on that other test. ( neuro test) That is all documented in my record. When I went into the audio test the lady kept asking me if my hearing loss was from my accident, I said that and the generators I worked near. I was very nervous as I suffer anxiety, I am sure that my hearing is from the accident as that left side of me has problems, eye, ear. I do work currently however I miss quite a bit of work, and I can’t do it much longer. On my C+P under neurological disorders miscellaneous the doc wrote Moderate degree of ataxia /dizziness secondary to TBI. Hearing c+P says hearing loss is not from TBI. Can I still be rated for ataxia? Very confused. My claim opened july 7, 2010.

Thanks in advance, it is wonderful how you all help so many!

Lisa

[Berta]

Meg is right and I am wrong..... a sustained HL is one thing but ,just the other day,after that terrible explosion in Boston, on TV they mentioned a small child near the Finish line told his mother he couldn't hear at all but his hearing came back within a few hours.

Under Diagnostic Code 6204, the criteria for 
peripheral vestibular disorders, the maximum 30 percent rating 
indicates symptoms of dizziness and occasional staggering.  
38 C.F.R. § 4.87.  

from: http://www.va.gov/vetapp11/Files1/1107187.txt

“In this case the BVA makes this point:

Note (5): A Veteran whose residuals of a TBI are rated under a version of § 4.124a, diagnostic code 8045, in effect before October 23, 2008 may request review under diagnostic code 8045, irrespective of whether his or her disability has worsened since the last review. VA will review that Veteran's disability rating to determine whether the Veteran may be entitled to a higher disability rating under Diagnostic Code 8045. A request for review pursuant to this note will be treated as a claim for an increased rating for purposes of determining the effective date of an increased rating awarded as a result of such review; however, in no case will the award be effective before October 23, 2008. For the purposes of determining the effective date of an increased rating awarded as a result of such review, VA will apply 38 CFR 3.114, if applicable. 38 C.F.R. § 4.124a, Diagnostic Code 8045 (effective October 23, 2008). “

http://www.index.va.gov/search/va/view.jsp?FV=http://www.va.gov/vetapp12/Files4/1223185.txt

This was a July 2012 decision.

I put ataxia TBI into the BVA search browser and 22 claims popped u. Unfortunately the wind is hitting my satelite dish and I cant read them but they might help best shape and word the claim for ataxia, and dizziness (vertigo)

But in this case however:

“FINDINGS OF FACT

1. The Veteran's TBI is the result of an injury incurred during active duty service.

2. The Veteran's bilateral hearing loss is the result of excessive noise exposure during active duty service. “

“The Board finds that the Veteran provided credible testimony that he sustained hearing loss during service. Furthermore, the in-service examinations substantiate his contentions. Consequently, the Board finds that this evidence outweighs the June 2008 examination report. In giving the benefit of the doubt to the Veteran, the Board finds that service connection is warranted for bilateral hearing loss. “

(from :

http://www.index.va.gov/search/va/view.jsp?FV=http://www.va.gov/vetapp11/Files5/1146253.txt)

But this vet had evidence in his SMRs of the hearing loss problem due to the TBI.

As Meg said it can be a fine line.