ptsd Organic Brain Syndrome Due To Head Trama

[qmcorps]

everyone,

I need some help on this.

I am attempting to assist a vet who in 1968 (age 19) received severe head trama after being struck by a section of anchor chain that fell three levels before striking him. He is currently receiving 50% for Loss of part of skull and 10% for organic brain syndrome. he has been experiencing ptsd type complaints and depression from this incident. He was medically discharged from the Navy in 1968, and has been seeing a VA psycharist. I am attempting to connect the dots between the incident and ptsd, and / or, the organic brain syndrome with the depression, and / or, the ptsd and depression.

Thanks,

Mike

[RockyA1911]

"He is currently receiving 50% for Loss of part of skull and 10% for organic brain syndrome."

Since this vet is receiving 50% for skull loss, he had to have had both inner and outer tables removed greater that the size of a 50 cent piece. Removing that much skull had to result in a brain debridement and missing skull replaced with a crainioplasty, of which both are surgical procedures. He needs to get an appointment with the VA Neurologist for an MRI and EEG. 10 to 1 the results of the EEG will show some disconnects and the MRI will show there is Post Traumatic Encephalopathy due to old encephalamcia (Dead Tissue and old blood in the brain from surgery.

PT Encephalopathy should be filed as a claim after confirmation of the diagnosis of the MRI.

The Vet should also be scheduled with the VA neuro-psychologist to see how severe the cognitive impairment is. Normally he will have to take an MMPI test also.

Post Concussion Syndrome or residuals are not ORGANIC but mental disorders due to TBI. Post Traumatic Encephalopathy is an ORGANIC brain disease and is not to be combined with other cognitive and mental disorders.

Depression normally goes hand in hand with a TBI, so you need him to see both the Neuro-Psychologist and a Neurologists for IMO for both mental and organic impairments.

I'd skip the direction you are headed, it's nowhere. PT Encephalopathy and Cognitive disorder is the conditions you should be after.

[Berta]

Rocky- I totally agree with you-

I bet this vets (mentioned in this topic) Diagnostic codes are completely wrong.

Not only is ischemia from brain trauma due to numerous strokes coded completely erroneously on a past VA Rating decision I have filed a CUE claim on-the MRI and then the autopsy revealed-on my husband- absence of brain tissue and dead white matter areas- the encephalopathy-but also the lesions are clearly described and where these lesions were- parietal, frontal lobe, pons, brain stem, occipital etc-

I was able to diagraph to VA the MRI results on a photo on an autopsied brain and then point out Rod's specific disabilities in speech, balance, sight, PN etc due to where the infarctions and brain damage occurred.

Organic brain symdrome at 10% is a VA way out of clearly assessing brain trauma.

MRIs and the battery of tests -as you know Rocky- do cost the VA money-

Rod was at the VA for 2 days getting these tests- the MRI had been done prior to the other Neuro and Psyche stuff.

A specialist and a psychiatrist spent much of these two days with him performing these tests.

I am glad they did all this testing for him because the iniial C & P consisted of a head VA Neurologist, called in from another VAMC,who examined Rod while she sat on a chair in the hall and she said stand up, stand on one foot (he couldnt) turn around, then she briefly looked over a few of his med recs and said "I declare you 100% disabled total and Permanent due to CVA "(Major stroke)

Then the rating decision also assesses these disabilities as NSC (These are presently being decided on my CUE as 1151 disabilities with accrued SMC) and at 100%

yet the diagnostic codes are completely wrong and the residuals are not taken into any account at all-

The VA has already admitted they Caused this CVA -at 100% under Sec 1151 and yet they have not paid for it by virtue of SMC -in 11 years.

Rod's shrink also stated that the veteran (100% SC PTSD) had developed depression due to the stroke-

just as anyone with a brain injury could most likely develop anxiety or depression due to any accident causing brain trauma.

The 10% is correct for what the VA has diagnosed (organic brain syndrome) but I bet my bippy that they diagnosed this veteran all wrong and his DC codes and rating are incorrect.

just my opinion- I had two veteran husbands with severe brain trauma----

the brain is insensitive to touch-my other husband was awake while he received 11 hours of brain surgery.

It was the residuals-in his case-that totally disabled him and then caused his death.

Edited September 17, 2006 by Berta

[timetowinarace]

Yes. That has been my point. Do not pursue the brain injury as a condition. Pursue the things that can be TESTED and seen. Depression is testable and can be seen. My rating is for dementia And secondary depression. (maybe I took a long route to get there)

8045 Brain disease due to trauma:

Purely neurological disabilities, such as hemiplegia,

epileptiform seizures, facial nerve paralysis, etc.,

following trauma to the brain, will be rated under the

diagnostic codes specifically dealing with such disabilities,

with citation of a hyphenated diagnostic code (e.g., 8045-

8207).

Purely subjective complaints such as headache, dizziness,

insomnia, etc., recognized as symptomatic of brain trauma,

will be rated 10 percent and no more under diagnostic code

9304. This 10 percent rating will not be combined with any

other rating for a disability due to brain trauma. Ratings in

excess of 10 percent for brain disease due to trauma under

diagnostic code 9304 are not assignable in the absence of a

diagnosis of multi-infarct dementia associated with brain

trauma.

9304 Dementia due to head trauma

[Berta]

PS- this vet should also have scar rating due to this event also and he could have not only PTSD from this accident but depression due to the residual affect of this trauma.

I just read a GSW claim at the BVA-

http://www.va.gov/vetapp94/files3/9420798.txt

In most repects not unlike this vet's anchor claim-

severe traumatic event/accident and residuals from it---

The BVA rated the gun shot would damage to the veteran's head

"The

rating sheet shows this disorder as rated 40 percent disabling

under Diagnostic Code 8902. In addition, the rating board in

1946 assigned a 10 percent disability rating under Diagnostic

Code 5296 for "Skull, loss of part, area smaller than one square

inch." The combined rating was 50 percent. In February 1948,

the rating decision now claimed by the appellant to have been

clearly and unmistakably erroneous, described the appellant's

disorder as "Post traumatic encephalopathy, manifested by

headaches, dizziness, ringing in ears, irritability, mild

weakness left side of face, G.S.W., formerly rated as epilepsy.

The rating board assigned a 30 percent disability evaluation" etc then

"In

addition, the rating board no longer assigned a rating for loss

of part of the skull, but rated the disorder 10 percent disabling

under Diagnostic Code 7804, the rating for a scar. The 1948

rating action resulted in a combined disability evaluation of 40

percent, a reduction from the previous combined rating of 50

percent."

This was a completely valid CUE claim: and it was remanded:

"The RO should develop and adjudicate the

issue of whether there was clear and

unmistakable error in the February 1948

rating decision in assigning a 30 percent

evaluation for post traumatic

encephalopathy as a residual of brain

surgery necessitated by a gunshot wound to

the head and a 10 percent evaluation for a

depressed scar in the mid-parietal region,

formerly rated as loss of skull"

What is interesting to me- as well as the way the CUE was laid out- (good example of a CUE claim as it could potentiallyfind legal error in the diagnostic codes of the 1948 decision) that the veteran-far as I know-did not claim PTSD ---and with PTSD diagnosis - it would have rendered an additional award of SC probably at 50%.

This veteran had no POA - this is a critical error because had he aquired a good POA -this claim could have turned around long before the remand-

I fully believe that when the RO sees a vet going it alone they feel they can screw around with the vet because there is no POA to take note of their errors.

Many POAs dont have a clue anyhow and VA knows this too and who they are- but still- this vet-with proper vet representation- would never have been at the BVA in the first place.