diabetes Overcoming Military Failure To Acknowledge Tbi In 1972

[HorizontalMike]

In 1972, while serving in USN, I landed on my head from a motorcycle accident and woke up in the Naval Hospital. LOC ~45min but at time diagnosed as "mild concussion", held 24hr, dismissed after being told I would be fine and sent back to ship to be deployed to Vietnam.

Flash forward ~40yr. When my perpetual depression eventually went off the deep end I asked the VA for help. Started taking meds and asking questions about my life. Finally got directed to Poly-Trauma for full neuro-pysh and MRI. FWIW, I was wondering why I always had trouble remaining employed longer than ~2yr at-a-time over the past ~40yr. I earned three degrees including a PhD, plus three other professional certs, but just could NOT keep a job. MRI results showed past indications of "stroke" (ischemic insults in white matter where parts of brain died), but being UNRATED for TBI, the current doctors atributed this to current diabetes and age. At this point I filed for disability and 14 months later got my 50% rating for TBI. THAT is when I finaly realized my TBI was real AND just how bad I am disabled by it. The detailed list of symptoms/manifestations that the VA examiner provided read like a laundry list of my life's challenges, that until then I had never put together in conscious thought.

I have my intelligence but what I lack are the higher level executive functions that would let me put my education to use. In other words, I can't play well with others at work or at home. I could p***-off the Pope given enough time together. I have no friends at this point, but do have ONE person I taught school with (a retired LTC) that seems to understand and gives me advice from across the country.

My military performance records are bad, real bad... as in I do not understand why I wasn't kicked out, jailed, etc. They show manifestations of deprived sleep, anxiety, irratibility, lack of motivation, etc.

My post-military civilian employment performance records show the SAME manifestations over a roughly ~27yr of the 40yr since TBI. I only kept THOSE records because I thought "they" were picking on me. But they are detailed records, and they seem to show that "they" were correct, and NOT me. This took me months to come to terms with, and only by viewing these things using a 3rd person analysis. Personally, I get too upset reading/thinking about them.

My Depression Rating was denied, though the VA final rulling about depression being "secondary service connected" came through within a week of my TBI rating, so THAT will be reassessed in the appeal.

I recieved a C-PAP for my sleep apnea, that was just diagnosed in 2013. I have a 1973 diagnosis for vaso-motor rhinitus, that also states/records such things a "trouble sleeping, mouth breathing, snoring, 30lb weight gain(BMI-31 = obese), anxiety, BP of 140/100/90, non-reactivity to know allergens, etc. Sleep apnea denied due to lack of nexus.

BOTTOM LINE is that the military FAILED to do adequate testing in 1972-73 on my TBI, depression, sleep disordered breathing, etc. What is NOW considered as standard protocol following a TBI, was not even known in 1972-73. Shoot the C-PAP machine wasn't even invented until 1985, so the military would not even know what to look for.

QUESTION: Isn't THIS where the VA's "benefit of the doubt" rule should kick in? After all they finally rated my TBI (lower rating than I have records to show degree of disability) going retro-active ~41yr. (i.e. Schrödinger's cat)

CURRENT STATUS:

My TBI/Depression appeal has been filed.

My Sleep Apnea appeal is being developed AND THIS IS WHERE I COULD USE SOME HELP. I am focusing on the military's failure test me for sleep disorders when it was/is obvious that I had manifestations of sleep disordered behavior in my elisted performance records as well as in my vaso-motor rhinitus diagnosis in 1973.

Any help/advice would be appreciated.

[carlie]

I do not see where there is evidence in relative equipoise for application of the BOD,

as you posted "Sleep apnea denied due to lack of nexus."

jmho

[HorizontalMike]

Current literature connects TBi with Sleep disturbances and current VA protocol requires testing for known co-morbid injuries/diseases/manifestations of TBI. The military did NONE of that in 1972-73. Current VA TBI training program even states as much. http://www.disabledveterans.org/wp-content/uploads/2014/05/14-02938-F-Responsive-Records-2.pdf

Since the military was remiss in accurately assessing my TBI and Residuals in 1972-73, would they not have to follow a Schrödinger's cat type of analogy?

OK, I am having problems with cut and paste functions, so please bare with me...

Sleep disturbance is one of the most common yet least studied of the post-TBI sequelae. Recent research suggests that 30% to 70% of patients experience sleep problems following TBI and that these sleep disturbance often exacerbate other symptoms and impede the rehabilitation process and the ability to return to work. - See more at: http://www.nursingcenter.com/lnc/journalarticle?Article_ID=863002#sthash.DvenCkhI.dpuf

Sleep disturbance is one of the most common yet least studied of the post-TBI sequelae. Recent research suggests that 30% to 70% of patients experience sleep problems following TBI and that these sleep disturbance often exacerbate other symptoms and impede the rehabilitation process and the ability to return to work. - See more at: http://www.nursingcenter.com/lnc/journalarticle?Article_ID=863002#sthash.DvenCkhI.dpuf

Sleep disturbance is one of the most common yet least studied of the post-TBI sequelae. Recent research suggests that 30% to 70% of patients experience sleep problems following TBI and that these sleep disturbance often exacerbate other symptoms and impede the rehabilitation process and the ability to return to work. - See more at: http://www.nursingcenter.com/lnc/journalarticle?Article_ID=863002#sthash.DvenCkhI.dpuf

TBI Symptoms

... There is no single TBI symptom or pattern of symptoms that characterize mild TBI. Symptoms may resolve quickly, within minutes to hours after the injury event, or they may persist longer. Some TBI sequelae may be permanent. Most signs and symptoms will manifest immediately following the event. However, other signs and symptoms may be delayed from days to months. ...

TBI symptoms generally fall into one or more of the three following categories:

• Physical: headache, nausea, vomiting, dizziness, blurred vision, sleep disturbance, weakness, paresis/plegia, sensory loss, spasticity, aphasia, dysphagia, dysarthria, apraxia, balance disorders, disorders of coordination, or seizure disorder.
• Cognitive: problems with attention, concentration, memory, speed of processing, new learning, planning, reasoning, judgment, executive control, self-awareness, language, or abstract thinking.
• Behavioral/emotional: depression, anxiety, agitation, irritability, impulsivity, or aggression.

- See more at: http://www.asha.org/aud/articles/CurrentTBI/#sthash.jj5oIRwg.dpuf

Edited August 6, 2014 by HorizontalMike

[Berta]

"Since the military was remiss in accurately assessing my TBI and Residuals in 1972-73, would they not have to follow a Schrödinger's cat type of analogy?"

The Schrödinger's cat paradox has no meaning within either the military or the VA,regarding claims..

I bet plenty of Vietnam vets had TBIs during the war that were never even documented , let alone assessed.And so much for any PTSD debriefing, that might have helped many of them after their DEROS.

"My Sleep Apnea appeal is being developed AND THIS IS WHERE I COULD USE SOME HELP. I am focusing on the military's failure test me for sleep disorders when it was/is obvious that I had manifestations of sleep disordered behavior in my elisted performance records as well as in my vaso-motor rhinitus diagnosis in 1973."

Instead, if I were you, I would focus on your SMRs, and those performance records (which might well indicate symptoms of Sleep apnea), try to get some buddy statements if needed and./or get an independent medical opinion from a real doctor to support a higher TBI rating,if warranted, along with the sleep apnea as secondary to it, with a full medical rationale.

You have 2 ways to go , since they did SC the TBI.....the sleep apnea could stem from your service via the SMRs etc, or it is due to the TBI.( with medical evidence to support that()

You raise good points ,as to the military's failures,but they also failed on addressing inservice symptoms of combat related PTSD ,as well ,decades ago. (prior to 1983 there was not even a diagnosis or diagnostic code specifically for PTSD) and it is obvious neither the Mil nor the VA was prepared for OEF/OIF either.

If you have filed a past claim that was denied for TBI and/or Sleep apnea, and never appealed, then a subsequent award of SC for either or could prompt a possible CUE claim for more retro.

It might be a good idea to check our TBI forum as to the residuals of TBI as well.

[HorizontalMike]

"Since the military was remiss in accurately assessing my TBI and Residuals in 1972-73, would they not have to follow a Schrödinger's cat type of analogy?"

The Schrödinger's cat paradox has no meaning within either the military or the VA,regarding claims..

Then, for clarity's sake, please explain how the/a VA examiner rated my TBI/Tinnitus at 40%+10% some +40yr after the fact WITHOUT A NEXUS? In other words RE my OSA, I had documented manifestations of OSA in 1972-73, just as I have those same manifestations of OSA TODAY (other than I now have a diagnosis), no difference than when comparing my TBI and Tinnitus without a nexus.

I apologize in advance Berta. Please understand that part of my TBI is my to-the-point bluntness without tact. I have had much job turn-over from this point alone so please do not take it personal.

[Stretch]

Mike,

It was a crap time for VN vets. The Va was more or less non existent. I kept my records through the toughest of times for the same reasons that you did. Weren't we lucky for our missfortunes. Takes a lot of anger to hang on that long as we did.

I suspect that you have neck injuries that can possibly be causing you many problems. I have similar neck problems from head injury that range from C2 through C7. You had better get a VA neuro report and MRI from a doctor. You can request this and you will get it. I have surgery coming up after I clear these 4 recent strokes. That is if I live that long. I will hang on just to piss the VA off.

Hang in there my brother. you can do this.

Stretch

[Berta]

"Then, for clarity's sake, please explain how the/a VA examiner rated my TBI/Tinnitus at 40%+10% some +40yr after the fact WITHOUT A NEXUS? In other words RE my OSA, I had documented manifestations of OSA in 1972-73, just as I have those same manifestations of OSA TODAY (other than I now have a diagnosis), no difference than when comparing my TBI and Tinnitus without a nexus."

I feel they did have a substantial TBI nexus...it was in your first sentences here:

"In 1972, while serving in USN, I landed on my head from a motorcycle accident and woke up in the Naval Hospital. LOC ~45min but at time diagnosed as "mild concussion", held 24hr, dismissed after being told I would be fine and sent back to ship to be deployed to Vietnam."

A nexus is based on inservice proof of causation.

Regarding the SA, did you have any performance notes in your 201 file that indicated you were sleepy at work or showed uop late for duty stations?

Did your buddys who slept in the same barracks or tents with you complain about your snoring?

You mentioned documentation you had in your SMRs of manifestations of apnea....

Did you copy and highlight those specific records, and send them to VA in support of the apnea claim?

I am glad you are appealing anything you feel is wrong in their decision.

For the depression, did you have VA or private treatment records?

Not only could the depression be secondary to the TBI, Vietnam was enough to cause depression and/or PTSD in almost every vet who was there.

"I apologize in advance Berta"

No need whatsoever to apologize to me.

I worked with a combat Vietnam vet group in the early 1980s at a vet center.

Most had 100% PTSD as well as other MH disorders from Vietnam. That experience altered me forever.

Do you receive SSDI?

If so , is it for the same service conditions you are claiming?

The problem with most secondarys is that, even if medical literature definitely can associate a secondary to a prime condition, the VA often will need a strong medical statement to support the nexus to the established SC disability.

For example many AO vets have DMII from Vietnam. DMII has multiple secondary ratable disabilities it can cause.

VA recognizes them in their DMII training letter.

But still, if a C & P doctor doesn't opine that an obvious diabetes secondary condition is due to established SC DMII, the veteran is forced into getting an opinion from a real non VA doctor, and that can be costly.

Edited August 7, 2014 by Berta