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.

[HorizontalMike]

HM,

The WHY's and HOW's are explained to you in the Reason's and Base's Section of your Rating Decision's.

...What I am saying is that for VBA purposes, these Diagnostic Codes in the Schedule for Rating Disabilities,

for TBI and OSA - Did Not Exist.

Thereby They Could Not have been provided SC for during 1972-73.

...Here's a link to the Schedule Of Rating Disabilities.

http://www.ecfr.gov/cgi-bin/text-idx?SID=2da58952d2878164f84c4b01d6d5fbb3&tpl=/ecfrbrowse/Title38/38cfr4_main_02.tpl

Carlie

I am very familiar with the Schedule of Rating Disabilities and its location/relevance. But thanks for the link anyways. So they created new codes/names and "renamed" old codes to be new codes in 2008.

• Regardless... new name/code = old name/code

• And apparently the "new" disability rates are being paid for the "old" injuries. That would explain my 40% TBI rating for the injury from 1972. Please note that I was NOT rated for my injuries until 2013, so this is NOT an old claim rating that went through the 2008 upgrade. That 2013 recent rating is/was a result of my actual TBI disability (lack of awareness of disability). And THAT is why my first C&P claim for TBI lacked any specificity.

• I also understand that "officially" the Schrödinger's cat analogy is NOT part of the VA's rating system. IMO, we NOW call that "nexus", though I truly believe that the Schrödinger's cat analogy plays a part in a disability rating appeal, particularly when the very disabilities being rated have symptomology such as "lack of awareness of disability" for some TBIs and sleep disorders. The inability to consciously "be aware" does not preclude the condition's existence, hence the need for Schrödinger's cat. Only by the sake of recent testing was the VA aware of the extent and existence of my moderateTBI(mis-diagnosed as mild concussion) and the ischemic insults that show where parts of my brain died as a result. In other words... what IS is what WAS, and what WAS is what IS. Thus the nexus. IMO

[carlie]

Carlie

I am very familiar with the Schedule of Rating Disabilities and its location/relevance. But thanks for the link anyways. So they created new codes/names and "renamed" old codes to be new codes in 2008.

• Regardless... new name/code = old name/code

• And apparently the "new" disability rates are being paid for the "old" injuries. That would explain my 40% TBI rating for the injury from 1972. Please note that I was NOT rated for my injuries until 2013, so this is NOT an old claim rating that went through the 2008 upgrade. That 2013 recent rating is/was a result of my actual TBI disability (lack of awareness of disability). And THAT is why my first C&P claim for TBI lacked any specificity.

• I also understand that "officially" the Schrödinger's cat analogy is NOT part of the VA's rating system. IMO, we NOW call that "nexus", though I truly believe that the Schrödinger's cat analogy plays a part in a disability rating appeal, particularly when the very disabilities being rated have symptomology such as "lack of awareness of disability" for some TBIs and sleep disorders. The inability to consciously "be aware" does not preclude the condition's existence, hence the need for Schrödinger's cat. Only by the sake of recent testing was the VA aware of the extent and existence of my moderateTBI(mis-diagnosed as mild concussion) and the ischemic insults that show where parts of my brain died as a result. In other words... what IS is what WAS, and what WAS is what IS. Thus the nexus. IMO

If no claim was filed earlier, there will not be any earlier effective date.

There was no TBI or OSA for VBA purposes in 1972/73.

Guess I've provided all the help I could on this . . .

I am out of here.

[HorizontalMike]

HM,

Just wanted to add that the rating decision that granted SC for your TBI with a

50% evaluation, may or may not have already rolled your symptoms of depression

into the TBI SC and compensation.

Reading thru the complete Reasons and Bases Section and the Evidence Section

of this Rating Decision should tell you whether the Depression is included in your

current TBI evaluation or not.

Carlie,

My Rating decision clearly stated "denied" as a separate line item with explanation, so no roll-over. It will be separately evaluated as secondary SC to TBI, when my appeal comes up. See the attached PDF file from the Federal Register/Vol.78. No.242/December 17, 2013/Rules and Regulations. At least THAT one (depression) is rather straight forward. The OSA not so much.

Even though I believe I have plenty enough for a nexus, I wouldn't doubt the VA tries to short-change me on the start/retro date.

Secondary Service Connection for Illnesses Associated with TBI.pdf

[HorizontalMike]

FAST FORWARD 14-MONTHS...

Last week, after hiring an attorney last year (Thanks John999), I have received a partial decision "Summary of Case" in which I am now awarded TBI now 70% (up fr 40) and also awarded TDIU at 100% for Individual Unemployability.

VARO still denying Service connected Depression (lawyer thinks VARO incorrectly spun this into "Residuals of TBI" even though the VA's own regulations are to specifically rate actual medical "diagnoses" separately.  Still on OPEN Appeal is my OSA.  Both of these alone could/should result in "scheduler rated disabilities" of 70% and 50% respectively.

I am relieved that I will now be receiving 100% funding, but still worried about getting the above two actually rated.  My concerns center around the continued budgetary cuts proposed by the CBO over the past +3yr concerning eliminating TDIU at/after 65 YOA.  That is why I still need to get all of my disabilities rated, whether or not getting TDIU:

Restrict VA’s Individual Unemployability Benefits to Disabled Veterans Who Are Younger Than the Full Retirement Age for Social Security 

https://www.cbo.gov/budget-options/2013/44757

 

I have NOT been on here for most of this past year and I just noticed that Carlie has passed on.  I will miss Carlie's experienced input. RIP Carlie...

[waccamawwild]

Congrats and have you applied for SSDI through Social Security administration?

[HorizontalMike]

Congrats and have you applied for SSDI through Social Security administration?

Never got around to that, besides when I was actually working it was as a teacher and then principal, neither of which was under SS.  The teachers Retirement System will take a windfall profit tax offset from the SS account when they can... Just a lose, lose...  The time I spent trying to make teaching/education a career was under a "separate" pension plan and NOT under Social Security.  Not SS contributions, no SS payout...