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,

Did you check to see if you have an AB3 or "Commissary Letter" under the "Downloadable VA Letters?" The "Commissary Letter" I have on ebenefits shows my status as "Permanent & Total Disability" and "No Future Exams Scheduled."

Congratulations on the IU and the SMC award. Good luck to you.

GP

[bh1981]

bh1981,

Did you check to see if you have an AB3 or "Commissary Letter" under the "Downloadable VA Letters?" The "Commissary Letter" I have on ebenefits shows my status as "Permanent & Total Disability" and "No Future Exams Scheduled."

Congratulations on the IU and the SMC award. Good luck to you.

GP

GP,

No, the only letter I have does not say anything like 'permanent and total disability' and 'no future exams scheduled'. However, it doesn't say that exams ARE scheduled either.

[bh1981]

Great news, but I hope that I am P&T and might get another SMC too. It looks like the VA actually did their job, and I am so happy for you. Just save the SMC as you stated for a few months. As far as the Permanent thing, my bud just got his % awarded last week, and his letter still does not say Perm or Temporary. So just give it a bit.

Sounds good. Patience is unfortunately not one of my good traits.

[bh1981]

Srisatta,

If you feel your fair shake it to be service connected for TBI, and you honestly feel you have it, then you need to fight it. Other than that I would continue to work closely with your VSO or go to a private physician and have them fill out a DBQ for migraines, etc. I was also denied TBI recently but have decided not to pursue it. After numerous tests and examinations it has been determined that it doesn't really exist and my migraines are more likely than not related to PTSD than anything. Migraines will be the next claim as I have about 4-6 prostrating attacks per month which requires me to have my wife call out of work to watch the children. Good luck to you.

[Fat]

NEVER GIVE UP

[Dr. Doomsday]

I am having an ongoing fight with VA over TBI as well. My story is actually pretty embarrassing. Back in 2007, I was at drill weekend and for PT s bunch of us decided to play football. Everything was fine, and we were all having a great time. At some point in the game our quarterback threw a pass which I leapt in the air to grab. As I was coming down one of my fellow NCO's slammed into me, causing my neck to snap back and my head smash into the ground. I'm not sure if I was knocked out or not, but I was majorly concussed.

I laid on the field for a while, got up and stumbled around. My vision was blurry. I had a headache that was unlike anything I had ever experienced. A female NCO took me to the Clinic on post, and she receptionist turned me away because I did not have an ID card. I had an NCO with me, in BDU's (I'm in PT's) but because I had left my ID in my car, I was told to leave.

I went into my car and sat there until my vision cleared up enough to drive home, and called my platoon sergeant. He told me just to take the day off.

I got home, took a shower, and laid on the couch, then I passed out. I guess I slept for like 3 hours. I've never been the same since. My Military career was derailed. I had just been accepted as a Warrant Officer and was scheduled to attend the 250N Course. I never made it. I have a hard time articulating, I am moody, I can't sleep. And the migraines...oh my god. I get them all the time, I can't see when I get them, the pain is unbearable. I am on Lamictal which is anti-seizure to hold them back to once or twice a week.

VA treats me for it, but denies my claim saying its not "service connected". Even though, it happened during training, and I was turned away from urgent care which is by definition medical malpractice (Head and Heart issues have to be addressed by a hospital). I have several statements from witnesses stating what happened. A Colonel called me at my unit, and apologized profusely for the incident. The woman was fired, Yet all this, medical bills and marital problems; employment issues, all stemming from this incident...VA says it isn't service connected.

I just finally grabbed a lawyer. I suggest everyone else do the same.