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.

[rootbeer22]

HorizontalMike:

I'm sorry that you are having these issues and from what I read, TBI is a very complicated issue to say the least? Personally, I did pretty well with my initial disability claim at 80% by, hard work, using this website and the advice from the awesome vets providing their advice on it. However, when I added the TBI to the second portion of my claim (1985 Tank Main Gun Explosion) at the end of my first claim that aspect of it has now come to a standstill for some reason? Actually, when I went to add the TBI contention online to my claim, it said that I had sufficient evidence to proceed with the TBI Claim. However, I've never been scheduled for a TBI exam and it looks like it's going to be ignored for some reason? Frankly, since our TBI related issues originated long ago before  most of this "current" TBI cause and effects knowledge (you-1972 and me-1985) , we are not getting the same traction that someone who was injured within the last 10-15 years or so? I'm already service connected for Sleep Apnea and hearing loss due to the explosion but it appears the TBI part of my claim is going mostly ignored? I have several of the classic symptoms like headaches, memory loss, and sleep apnea to name only a few of TBI but I may have to get an attorney. or IMO/IME to get some action on this....anyway, I hope it all goes your Way...Good Luck and Godspeed..

 

[HorizontalMike]

rootbeer22:

Thanks for the feedback.  I think the main reason I got my TBI rated some 40yr later, is:

1. Current MRI showed remote Lacunar Infarct
2. STRs from 1972 showed LOC of ~45min, followed by weeks of headache complaints at the time.

OSA, on the other hand, the VA now fights to the death in awarding anything.  My STRs show 4 out of 5 OSA risk factors/complaints.

Depression was ruled by the VA Dec 2013 to be "Secondary Service Connected" to TBI:

https://www.google.com/url?sa=t&rct=j&q=&esrc=s&source=web&cd=5&ved=0ahUKEwirw_KbvODJAhVJWSYKHcM7A1YQFgg6MAQ&url=http%3A%2F%2Fwww.gpo.gov%2Ffdsys%2Fpkg%2FFR-2013-12-17%2Fpdf%2F2013-29911.pdf&usg=AFQjCNGoYPRSOFwwgK3nmzXz1QtIz-8kRQ&sig2=sYfYIcLIl8Mf4uX5HSFHMA&cad=rja

SO, that being said, there should be absolutely NO REASON for the VA to continue to deny my MD claim.

Hang in there and continue  to hound your lawyer for answers... ;-)

 

[rootbeer22]

HorizontalMike:

Just keep fighting, many Vets on this board have won after years of fighting but it can go your way as long as you have the patience and acquire the knowledge that you need from folks like Asknod & Berta, as well as many others. Frankly, I'm not a fan of lawyers due to some of the things that I have seen but that are your final chance and their odds of winning are much higher than the average Vet going it alone... Godspeed Rootbeer22