Traumatic Brain Injury-Not Service Connected

[bh1981]

I just got my decision back from the VA and they determined that my TBI was not related to my time in service....even though I am currently being treated for it at the VA for concussions due to parachute jumps and mortar fire while on deployment. How is that possible? Any advice on what to do now would be extremely appreciative.

[georgiapapa]

bh1981,

Do your service medical records show you suffered concussions due to parachute jumps and mortar fire while on deployment?

If yes, did you submit your service medical records to your VA regional office as evidence to support your disability claims?

If no, what evidence did you submit to support your claims?

Being treated at the VA for a condition you reported was caused by parachute jumps and mortar fire would not prove a nexus or connection of that condition to your military service. If you submitted only VA records, they may have confirmed a diagnosis of concussions but this alone would not be enough to substantiate your claim.

Please post the reasons the VA denied your claim and also provide a list of the evidence you submitted with your claim. The more info you provide, the easier it will be for Hadit members to offer suggestions or give opinions. Do not post your personal identifying info.

GP

[bh1981]

bh1981,

Do your service medical records show you suffered concussions due to parachute jumps and mortar fire while on deployment?

If yes, did you submit your service medical records to your VA regional office as evidence to support your disability claims?

If no, what evidence did you submit to support your claims?

Being treated at the VA for a condition you reported was caused by parachute jumps and mortar fire would not prove a nexus or connection of that condition to your military service. If you submitted only VA records, they may have confirmed a diagnosis of concussions but this alone would not be enough to substantiate your claim.

Please post the reasons the VA denied your claim and also provide a list of the evidence you submitted with your claim. The more info you provide, the easier it will be for Hadit members to offer suggestions or give opinions. Do not post your personal identifying info.

GP

GP,

Thanks for your reply and insight. Unfortunately none of that stuff was in my medical records. The concussions, although they occurred, were not listed. I pluralized parachute jumps when in actuality that only happened once when I got tangled in the trees. I popped my reserve parachute after I came t (about 10-15 minutes later) and drove on with the mission. The couple times in Afghanistan that we were hit, we were in a tiny outpost in the Kunar Province and didn't have any kind of support other than the bare bones staff, that did include a medic, but did not show up in my records. So it looks as though there really, truly isn't a link that the VA can make with my current troubles that mainly include migraine headaches, memory recall, and dizziness. Do you think a buddy statement would help? Also, by decision, I mean by what is on my computer screen by way of ebenefits, not snail-mail decision letter the VA sends out, so I have no idea what the specifics were behind their decision.

[carlie]

I just got my decision back from the VA and they determined that my TBI was not related to my time in service....even though I am currently being treated for it at the VA for concussions due to parachute jumps and mortar fire while on deployment. How is that possible? Any advice on what to do now would be extremely appreciative.

Please post the Reasons and Bases Section of the decision when you get

it in the mail.

Your profile here shows you SC'd at 100%.

What conditions are you currently SC'd for ?

If you are currently SC'd at 100% what is the additional benefit goal of getting

your TBI SC'd - possible SMC ?

[bh1981]

Please post the Reasons and Bases Section of the decision when you get

it in the mail.

Your profile here shows you SC'd at 100%.

What conditions are you currently SC'd for ?

If you are currently SC'd at 100% what is the additional benefit goal of getting

your TBI SC'd - possible SMC ?

Hi Carlie,

Thanks for your reply. My service connection at 100% is due to I/U and my total percentage is 90. The reason why I am pursuing service connection for TBI is because I have TBI. To not have the VA acknowledge that this occurred to me would be, what I consider, a grave injustice. Nobody truly knows the full and total list and symptoms of having TBI and so far I have had horrible memory recall, poor balance, and some poor trouble associated with migraines and balance. Plus, at 33, I was diagnosed as having severely low testosterone. I already have it diagnosed and am being treated for it so it doesn't really make much sense as to why it isn't service connected, aside from not having a proper link to it from being in the military.

[bh1981]

Wow.. we have the same similarities.. i have not filed for TBI because the DAV says migraines is almost same or more or.. well i am just confused about what they tell me.

I have sleep apnea, i have low t being treated, i am 30% for migraines and i have finally been able to put the VA on notice to my 9 foot fall on head that a DR i tracked down wrote a letter about. I should file for TBI as well, but not sure what to do.

Anyway.. Neurologist last week did a new patient screening and put the pain score at 0 even though he or his nurse never asked me. He wrote up that my migraines are from my Sleep apnea. .the VA is still doing there injustice with trained DR who know how to write up a least likely in favor report. Good luck with your claim, what i said in prev post is on point.. and just don't give up on your fight.

Yeah, it's hard to even keep in touch with any of those guys. After getting out we all kinda spread throughout the country, like everyone does in the military I suppose. Good luck with your claim as well, and with the TBi claim. I hope it works out for you.

[georgiapapa]

bh1981,

Buddy statements (plural) from fellow soldiers who actually witnessed your in service injuries would be helpful. However, in my opinion you really need an IME and a strong IMO from a neurologist who could state your current medical issues (migraine headaches, memory recall and dizziness) were "as likely as not" caused by your in service injuries. The neurologist would need to review your relevant medical records and fully justify his/her opinion with reasonable medical rationale.

GP