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Tbi Or Not. How Do You, Or The Va, Tell?


just a guy

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Hi everyone,

I have a question that has been bothering me for awhile.

Do I have a TBI?

I have damage to my brain. I have documented structural damage, encephalopathy, and cognitive dysfunction. That is a fact. It is evident in MRIs, EEGs and neuropsych testing (from DoD, VA and IMEs) all show it definitively.

The problem is that the definition of TBI seems...squishy, to say the least. According to CFR 38 I have all the dysfunctions of TBI. But I don't have a VA/DoD document that says TBI.

I was not in a blast. I did not hit my head. I was not punched, hit, or shaken.

I had swelling in the brain (an external force?) from excess water in there (cerebral edema). This was an acute event. Afterwards, I had seizures and was in a coma for 36 hours.

I am VA rated for many of the post TBI secondaries. I have seizures, memory loss, depression, anxiety, migraines, etc. But VA considers the seizures as primary and everything else as secondary to the seizures.

But at a C&P the doc said "you do not have TBI." My DoD medical records and even VA records definitely show damage to my brain. Dr Bash says in an IMO I had a TBI.

So what is the official definition of a TBI? Who gets to decide if it is a TBI or just damage to the brain...and what the hell is the difference?

VA says my depression anxiety and migraines come secondary to my seizures. Can I argue that everything, including the seizures, come secondary to TBI? And if I can argue that how do I make the case to VA?

Thanks,

J-A-G

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  • HadIt.com Elder

I am not a TBI expert, but what if you had an injury to your head a long time ago and totally forgot about it? Going through your service treatment records might help shed some light on it. I did not realize that some of my doctors just flipped the page over and wrote on the back of an existing page. The note I found made a big difference. It might be similar to finding a needle in a haystack, but sometimes it is best to take your time and double-check to be sure nothing was missed.

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Hi Vync,

I appreciate your quick response, but I assure you that I did not miss anything. The event that precipitated everything was swelling in the brain.

There was excess water in the brain. That caused damage. Resulted in the seizures. And now all of the secondaries.

But is water in the brain considered an "external force"? It caused damage. It was not organic (i.e. I was not born with cerebral edema).

So it could meet the definition. I'm just not sure.

Thanks,

J-A-G

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  • HadIt.com Elder

"Dr Bash says in an IMO I had a TBI."


"Definition

Traumatic brain injury (TBI) is a nondegenerative, noncongenital insult to the brain from an external mechanical force, possibly leading to permanent or temporary impairment of cognitive, physical, and psychosocial functions, with an associated diminished or altered state of consciousness.

The definition of TBI has not been consistent and tends to vary according to specialties and circumstances. Often, the term brain injury is used synonymously with head injury, which may not be associated with neurologic deficits. The definition also has been problematic with variations in inclusion criteria.

For excellent patient education resources, see eMedicineHealth's patient education article Concussion."
http://emedicine.medscape.com/article/326510-overview

Dr.Bash did 2 Great IMOs for me years ago. What did Dr. Bash state was the cause of the TBI?

Something caught Dr. Bash's attention.to diagnose TBI. Have you asked him about that?

But I have a question...

what do you seek to attain if the VA concedes that uyou do have a TBI?

Brain damage ,as well as TBI definitions can cover a vast amount of situations.

I had an Army husband with a brain tumor and the surgeon said the tumor removal, like any brain surgery, caused some degree of brain damage, and the tumor itself had already created damage as well.

Then again my USMC Vietnam vet husband had brain damage due to multiple transcient attacks and a major stroke ( 1151)
due to VA health care itself.


Cerebral edema almost always is due to a blow to the head or a fall on the head. But if you google cerebral edema, many potential causes will pop up.

I regret it is raining hard here and my satellite dish will fade out soon , cant post any more links from, google....

I know you would want to know the exact medical cause of your disability but my question regards what a different classification of their diagnosis could benefit you, as far as VA comp goes.

Are you employed?

If not when you hit the 70% did the VA properly consider you for TDIU?

Edited by Berta
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TBI means to me that your brain was damaged to some extent from an external blow to your head of some sort. If you had water on the brain then how did that happen? If you could show that some force caused the water on the brain then I think that it would be a TBI. Did you ever have heat stroke? If you had some disease that caused your brain to swell I don't think that is TBI. What is the exact definition of TBI? If you slipped and fell or were punched in the face that could result in a TBI. My wife slipped and fell and the doctors checked her for a TBI even though she just cut her lip and chin. TBI is such a knew field of medical inquiry. After WWII thousands of military were released with TBI, but they had no concept of what it was and thought that as long as you did not show gross symptoms you were fine. After Vietnam it was the same deal. Only after OIF/OEF did the military begin to really pay attention to TBI where there was not concussion from bomb blasts. The experssion shell shock is slang for TBI before it was understood a little bit. I don't think VA understands it fully now.

John

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