ptsd Denied Tbi...said It Was Ptsd

[rebelranger]

Ok it looks like I have a fight on my hands. I have medical records showing I was in an IED and lost consciousness yet I was denied TBI with an explanation that it is PTSD. Any advice on how to get them to see the TBI and not classify it as PTSD?

[jbasser]

Medical evidence from a MRI showing the injury to the brain.

Do you have that?

An opinion from that MRI as it was read by a specialist.

Dr Bash comes to mind. He is a NeuroRadiologist who specializes in the Brain and Spine.

J

[Jerrel]

I agree with jbasser good call John.

[rebelranger]

I never got a brain MRI. I got a two MRIs on my neck and shoulder. Even at my C&P I never got an MRI. If there isn't damage imagery in the MRI but I have symptoms should I pursue this issue? I don't want to waste the VAs time or mine if this truly just ptsd.

[jbasser]

You or the VA will never know unless you get a MRI.

J

[Rilenator]

I hope this may help. just got my VA letter today. I served in several campaigns over the last 20 years. I got knocked around a few times when I was younger. but remained Combat Effective until my 19th year, when my spine decided to take an early retirement (with a little help from James Dewar and Issac Newton) I was rated for PTSD at 70% along with 23 other ratings of various percentages for a combined 100%. Point is that while I was in-country around the K.A.A. early in '03 I had a minor LOC (about 30 minutes) for being in a place that I should have known better to not be. I was registered with the TBI registry when it started in 2008. I have Medical Record evidence at three Military hospitals. Mostly for repeated migraine. with only (1) of three MRI's showing any abnormal findings. Even with partial evidence and registry in the TBI database by my Independent Duty Corpsman.

In my VA letter the VA responded with this:

"Examiner further reports that cognitive findings are associated to the post traumatic stress disorder and not the traumatic brain injury; therefore, these symptoms will be used in our evaluation of post traumatic stress disorder and will not be considered in our evaluation of traumatic brain injury."

I have issue with this because as my estranged wife would be the first to admit that my personality did change after my first OIF tour in 2003 and little LOC (which was not by ANY means my first or last combat zone tour). Drum roll please....Ta-Da.....The VA has slapped me with a PROPOSED INCOMPETENCE, on something I must have said during my C&P. POINT ...The VA can get away with it because PTSD is usually a DUAL DIAGNOSIS (drugs/alcohol are usually also somewhere in the picture) If they can say you are dependent or unable to handle your finances, they can deny you your back pay, and appoint someone to send your paycheck to. I do not know of many studies that link TBI with drug/alcohol dependency....It is another way of the VA trying to stick it to you. Don't fall for their BS, just because you may be rated at a high rate. if it is in-correct you should seek to get it straight. your future PTSD status could always change, but it would be a pretty tough case to prove that brain damage IS IMPROVING. I went through the DAV, but am just starting this process, have not sent my NOD out yet.

[carlie]

I hope this may help. just got my VA letter today. I served in several campaigns over the last 20 years. I got knocked around a few times when I was younger. but remained Combat Effective until my 19th year, when my spine decided to take an early retirement (with a little help from James Dewar and Issac Newton) I was rated for PTSD at 70% along with 23 other ratings of various percentages for a combined 100%. Point is that while I was in-country around the K.A.A. early in '03 I had a minor LOC (about 30 minutes) for being in a place that I should have known better to not be. I was registered with the TBI registry when it started in 2008. I have Medical Record evidence at three Military hospitals. Mostly for repeated migraine. with only (1) of three MRI's showing any abnormal findings. Even with partial evidence and registry in the TBI database by my Independent Duty Corpsman.

In my VA letter the VA responded with this:

"Examiner further reports that cognitive findings are associated to the post traumatic stress disorder and not the traumatic brain injury; therefore, these symptoms will be used in our evaluation of post traumatic stress disorder and will not be considered in our evaluation of traumatic brain injury."

I have issue with this because as my estranged wife would be the first to admit that my personality did change after my first OIF tour in 2003 and little LOC (which was not by ANY means my first or last combat zone tour). Drum roll please....Ta-Da.....The VA has slapped me with a PROPOSED INCOMPETENCE, on something I must have said during my C&P. POINT ...The VA can get away with it because PTSD is usually a DUAL DIAGNOSIS (drugs/alcohol are usually also somewhere in the picture) If they can say you are dependent or unable to handle your finances, they can deny you your back pay, and appoint someone to send your paycheck to. I do not know of many studies that link TBI with drug/alcohol dependency....It is another way of the VA trying to stick it to you. Don't fall for their BS, just because you may be rated at a high rate. if it is in-correct you should seek to get it straight. your future PTSD status could always change, but it would be a pretty tough case to prove that brain damage IS IMPROVING. I went through the DAV, but am just starting this process, have not sent my NOD out yet.

Not to trample the OP's topic, but if you'r 100 percent what are you submitting a NOD on

and will it garner you any additional benefit if granted ?