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Is This A Cue For Tbi/head Injury

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This is what happens to me. Although there is a record of treatment in service for head and back injury, no permanent residual or chronic disability subject to service connection is shown by service medical records or demonstrated by evidence following service. In order to establish a well-ground claim, the veteran should provide medical evidence which demonstrates a permanent residual or chronic disability.

service medical records shows that the veteran FELL AND HIT HER HEAD and back in August 1988. There was no evidence of loss of consciousness or a brain concussion and examination of the back reveal no tenderness. No further evaluation for the injuries was noted. The veteran's headaches which began in 1989 were assessed as migraine headaches, a condition for which service connection has been established. On VA examination in May 1988, there was no evidence of a chronic back disorder noted and no neurological abnormalities found. The veteran's posture and gait were within normal limits. X-ray of the lumbar spine was said to be re unremarkable.

I was diagnose by the Va examiner as having. Migraine headache, status post-concussion, Right sciatica Anemia, Asthma Allergic.

The I was service connect by the rater for Migraine(10) Sinus(0) anemia(0)

I think I should have gotten a TBI rating for 10 or is that the migraines.

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  • Content Curator/HadIt.com Elder

Kind of odd that they claim there is no evidence, but then they diagnose you with "migraine headache, status post-concussion". I think you might have been SC via relative equipoise, or the 50%/50% standard.

I am not a CUE expert, but from what I know a CUE is very literal: clear and unmistakeable error. For a CUE, you need to show that the VA had the evidence but completely got it wrong.

I am not a TBI expert, but am rated 30% for migraines. Since you were rated for migraines, let's take a look at the rating table:

§4.124a Schedule of ratings—neurological conditions and convulsive disorders

8100 Migraine:

With very frequent completely prostrating and prolonged attacks
productive of severe economic inadaptability… 50
With characteristic prostrating attacks occurring on an average once
a month over last several months…………… 30
With characteristic prostrating attacks averaging one in 2 months over
last several months………………………. 10
With less frequent attacks……………………….. 0

To get to 30%, prostrating is the key. That means that it is so bad that you pretty much have to go lay down. To get to 50%, they have to be prostrating to the degree that your job it on the line (I assume).

I recommend you comb through all of your medical records, but in service and since you got out. Look at every page, front and back. If you can't read the doc's scribble, try and get a friendly doc to decipher it for you. An independent medical opinion might be able to help steer this in the direction you hope. But 10% for TBI compared with 10% for migraines is still 10%. Good luck on your claim.

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I am not worried about the migraines because I am not 50% rated. I am wonder should I have been rated 10% for TBI and separate for migraines.

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Yes the diagnose was post concussion. The C&P examiner said that I had a post concussion from the falls, and that's why I was having the migraines and other issues. So, now I have filed for TBI/head injury. and the Va representing point out that I had post concussion and residual from the fall.

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