De Facto Secondary Conditions

[USMC_VET]

I am in the midst of getting all the evidence for my TBI claim. i wont go into the background of blast, etc.

However I believe that my headaches which are already SC are secondary to my TBI.

Now in the future once i make and win (one can hope right?) my claim for TBI will they cancel my migraine SC and incorporate it into TBI or will they rerate it secondary to the new primary condition (TBI)?

I guess it all depends on how the rater/examiner decides?

[USMC_VET]

How did you file for the IEC, is is just a regular letter sent to the claims intake center requesting it per M21-1MR, Part I, Chapter 5, Section C 14.d

[Berta]

YES you sure have those ducks in a row

(and they are well armed with evidence)

Since you have the PTSD SC now, they obviously already conceded the TBI event. (I think) and that would be in the decision for the PTSD award. Therefore you might not have to prove the TBI event, because they might have already conceded it. ????

But they could have verified another stressor you gave them, and did not consider the TBI event because they already conceded one of the other stressors. It should be in the decision if they already knew of the TBI.

[USMC_VET]

YES you sure have those ducks in a row

(and they are well armed with evidence)

Since you have the PTSD SC now, they obviously already conceded the TBI event. (I think) and that would be in the decision for the PTSD award. Therefore you might not have to prove the TBI event, because they might have already conceded it. ????

But they could have verified another stressor you gave them, and did not consider the TBI event because they already conceded one of the other stressors. It should be in the decision if they already knew of the TBI.

I have uploaded their decision from 2012 when i got my initial claim of PTSD approved.

There is no mention of TBI.

A brief history of my TBI, i think i mentioned in another post, not sure.. (comes with the territory i guess)

I got out went the VA screened a group of us, anyone who answered yes to certain questions went to what htey called Level II TBI screening. there were no doctors there, jsut guys in polos, etc.

they said that since i had not been unconscious for more than a minute that i didnt have it.

Ill back up.

The blast hit us, i remember seeing the dust lift of my arm of my cammies and sit mid air in slow motion and i was just htinking that it looked so cool. i dont know if i passed out. thats all i remember until i came to and heard yelling "go go go" i was driving the vehicle that day so it was kinda important we go since it was a ied attack with a ambush after. I remember hazily starting to drive but just a few seconds after that. I dont remember what happened when we got back into our lines. which were only about 200 yards away. i dont remember anything for those days/week after.

so i dont remember if i was unconcious or not, i dont remember how long it was at all. however since i couldnt remember if i was or wasnt or how long it was they, i suppose, determined that i wasnt unconscious or if so not longer than a minute.

Why i am waiting to file is for these things to happen.

1) current claim to finish

2) Current C-file request to be delivered (so i can see what is in there!)

3) FOIA request for all records of treatment at my first VAHRO to be sent to me. this is where i received the TBI screening and my PTSD claim. The exam for my initial PTSD claim was done QTC via Computer interview. So i want to see if the QTC records are located at the VAHRO or my C-file, the c file should definitely have that and if it mentions TBI then i should be good.

Once i get those ducks in a row and that evidence i can see where i stand. After that I am going to go with that evidence, my headache logs, all the other migraine evidence and go to a private neurologist and have opine on whether or not it is TBI related. Then with that I will make an appointment with a VA neurologist and bring all of that to them.

I have had a MRI done but nothing abnormal was found which i am glad. lack of MRI evidence does not preclude TBI, just precludes actual visual physical damage.

I have already started a Comp claim for TBI so that my intent to file is...on file and my EED date is established.

I mentioned numerous incidents that are stressors for me. this was one of them but they may have purposefully not used that since it would mentioned TBI and thus admitted to it, when if they used a different one they would not need to admit it. sneaky.

JUNE 28 2012 DECISION pg 1-2_Redacted.pdf