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

[just a guy]

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

[NavyWife]

No it is not a TBI the way that VA & DOD defines it.

http://www.ncbi.nlm.nih.gov/books/NBK189784/

APPENDIX CDEFINITION OF MTBI FROM THE VA/DOD CLINICAL PRACTICE GUIDELINE FOR MANAGEMENT OF CONCUSSION/MILD TRAUMATIC BRAIN INJURY (2009)

Go to:

1.1. Definition of Traumatic Brain Injury

A traumatically induced structural injury and/or physiological disruption of brain function as a result of an external force that is indicated by new onset or worsening of at least one of the following clinical signs, immediately following the event:

Any period of loss of or a decreased level of consciousness (LOC)

Any loss of memory for events immediately before or after the injury (post-traumatic amnesia6)

Any alteration in mental state at the time of the injury (confusion, disorientation, slowed thinking, etc.) (Alteration of consciousness/mental state5)

Neurological deficits (weakness, loss of balance, change in vision, praxis, paresis/plegia, sensory loss, aphasia, etc.) that may or may not be transient

Intracranial lesion

External forces may include any of the following events: the head being struck by an object, the head striking an object, the brain undergoing an acceleration/deceleration movement without direct external trauma to the head, a foreign body penetrating the brain, forces generated from events such as a blast or explosion, or other forces yet to be defined.

The above criteria define the event of a TBI. Not all individuals exposed to an external force will sustain a TBI, but any person who has a history of such an event with immediate manifestation of any of the above signs and symptoms can be said to have had a TBI.

The external force would have to come from outside of the body.

I don't see any benefit to you in pursuing this. It might be a better use of your time to try to get your current ratings increased if you feel they should be higher. Or pursuing TDIU if you are unable to work due to your service connected disabilities.

Sorry you have to go through this. I understand how hard it is living with seizures.