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TBI screen positive but no follow up

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ESV12B

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I've read some other thread with kind of the same situation going on. Keep a long story short here. While on active duty I started seeing a doctor after a deployment and he was treating me for list of things. Post concussion syndrome was one of these things. This was 2009 and TBI was sort of being talked about but I didn't ever put to much thought into it. I was more worried about being able to sleep and wake up with the prescriptions I was taking. I believed that my only problem at the time was nightmares and sleeping.

I enrolled in the VA in 2010 and had a TBI screening in 2013 that was positive. I vaguely remember a few questions about what sort of blasts I was exposed to and if I ever was unconscious. The usual questions when discussing TBI. And that was it. They told me I was fine. My TBI screen was negative they said. In 2014 I pulled all my doctor notes from the VA via the Blue Button feature from myhealthyvet. After reading years of notes I read about the TBI screen. There were notes that the TBI screen done in 2013 was positive and that I was asked if I would like to have follow up care and further examinations to determine the severity of TBI if any. The notes specifically said that service member agrees to follow up for positive TBI screen.

I filed a claim at the end of 2014 for TBI. I was denied and I filed a NOD. I stated some brief but valid reasons why I disagree (the big one being that I was diagnosed and treated for post concussion syndrome while on active duty) with the VA's decision.

I have about 40 days left of my 60 days to tell them I would like to have everything reviewed by the DRO or go the route of a traditional appeal. I'm leaning towards the DRO but would like some insight if that is the best way to go.

And also if anyone has a answer, why the VA likes to bust balls when it comes to a post concussion syndrome diagnosis when making a TBI claim. And even when TBI is diagnosed I've read stories of guys not getting the proper attention.

For years my I tell my PCP my problems and she refers me to mental health. I'm this depressed sack of shit who thinks my PTSD and depression are my problems and have been taking all sorts of meds over the past 6 years form the VA for this. But not once have they tried to possibly treat TBI or even take a peak and see if maybe that's the reason behind some of the issues I have.

I've read about the poly trauma units and that it could be a good place to start. My closets VA that would have something like that is 50+ miles from me. I go to a small clinic that's closer and they have just about everything to accommodate me minus the big things like ED, MRI, pharmacy and poly trauma.

Anyone ever dealt with the poly trauma units before? if so, how did everything go. I'd really like to explain some of the issues I am having to someone other than my PCP and not just be given more meds.

At the very least, thanks for listening to my concern(s). Have a good night and thanks for allowing me to be part of this community.

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one more thing..... this appears in my CUE in that link:

"CUE regulations are found within 38 USC, 5109A.

The BVA within http://www.va.gov/vetapp/wraper_bva.asp?file=/vetapp08/Files5/0844495.txt, clearly

defines the same basis for my request that the VA call a clear and unmistakable error on itself due to an obvious violation of the evidentary requirements of basic VA case law."

I suggest you can use the same BVA case I used ( legal statements by BVA can be used to support evidence)but best to state as the first line of the claim thus :

( VARO name,

address

Attention to : (initials of last person who worked the claim ( the alpha part)

This is a request for the VARO (name of RO) to call a Clear and Unmistakable Error on this part of their recent rating decision dated  (date) The request is made under auspices of 38 USC 5109A.

And then cite their violation of the same reg I used ( 38 CFR 4.6) etc etc.....

If you read that whole thread, it might reveal the first CUE request I ever made during the appeal period had a Header of "What the Hell is this" and I sent that via Fax to my RO and to my dumb former so called vet rep, and it did get me what I wanted....sort of (2005)

I think it is best however to cite the CUE regs 38 UCS 5109A and sure not use that as an example if it is in the thread above....

I just get exasperated at the utter incompetence and bull crap we claimants have to go through and it often happens to those of us who have extremely probative evidence ,as this vet has.

 

 

 

Edited by Berta
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My VSO is about 30 miles from the RO. For the TBI screen done in 2010, there is absolutely nothing in my VA notes that mention this. I will bring up the CUE to my VSO and I'm hoping he knows about it.

My PTSD claim was filed in 2010 and was won in 2013 after appealing their denial decision. They originally only went back to April of 2011 but I fought them on the date and it was changed to the day after I left active duty since the original claim was filed within one year of separation. That claimed included PTSD, back, and ringing in my ears. All were denied but granted after the appeal. I'll look for the notes from the TBI exam in 2014 that they listed as evidence. I remember being there with the doctor for around 20 minutes and he focused more on my neck after doing some range of motion movements. But he assured all was well and sent me on my way.  I though it was a visit related to my back. The contracted facility was a sports medicine complex in Salt Lake City. I'll find and share the notes.

I will use your templates provided. Thank you. Also my RO is Phoenix now. I've heard of the CUE's but never read to much about it. I always thought it was to tough to prove and win by way of a CUE. Thanks for all of the advice and guidance. I had a small idea of where to start but never would have though of CUE.

 

Thank you Berta.

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Our moderator Buck posted a topic on CUE yesterday or today...

He posted the BVA regulations for CUE.

In the CUE forum are the RO regulations for CUE...both the same thing but written differently.

Buck correctly stated that CUEs involve a lot of reading. Very True! All the info is in our CUE forum.

Not only did I read the CUE regs many times prior to even writing my CUE claims, I also read countless BVA decisions involving CUE.

I learned as much from the BVA denials as from the awards of CUE from the BVA.

A note on the BVA regulations.... as it says a change in diagnosis is not a basis for CUE.

(It could possibly be the basis for a 1151 claim however)

However, if a diagnosis should have been made and rated , and wasn't ,That is a CUE.

That was what my 2003 IHD CUE claim was about.

It was critical to get that legal error corrected because the CUE was contingent on my 2010 AO IHD claim.

They resolved 3 separate CUEs in that AO award. All of the CUEs were made in an award letter they sent me in 1998 and like a dope I did what my rep suggested....he said not to NOD it, because it was 1151 and those awards are different.

No they aren't.  Whether you have a vet rep or not, the best one you will ever have is who you see in the mirror every morning.

 

 

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ESV12B

I was contacted by the VA after they reviewed my records and saw that I was involved with a major tank explosion that injured me but was not treated properly, went thru all of the exhaustive CP Exams, multiple Psychiatrists, & Psychologists but in the end was awarded TBI SC but only at 10%? I was told that in the opinion of the examiner, that my cognitive and memory losses are not enough to affect my ability to work. Currently, I'm getting statements from my former bosses saying that it does effect my work. Unfortunately,  I had no helmet or hearing protection because a tank main gun round went off as an accident due to the negligence of a maintenance  crew and I was in front of the main gun barrel when the 105MM Blast Occurred. and it did knock me out. However, I'm  hearing from other Vets   that if a soldier was wearing a helmet during their  blast incidents, then the CP examiners are saying that the soldier was protected sufficiently against injury and concussion, even if there are multiple blasts  during their careers that have a cumulative effect on their brains. Also, I think it's the "luck of the Draw" in terms of whom is doing the exam....

GoodSpeed Rootbeer22

 

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rootbeer22, I agree with you when it comes to who is doing the exam and it being the luck of the draw. Proving TBI in a VA claim is a tough battle. Just from what I have seen guys go through who I personally worked with while deployed is unacceptable. Having undisputable evidence is no good while the VA is considering TBI to be a joke and failing to to take care of veterans with TBI and other injuries, disabilities, and illnesses.

I though fighting my PTSD claim was a tough battle with the VA. After all, I had a diagnosis, combat awards, proof of traumatic events and stressors, and buddy letters confirming all this. TBI is a different monster. I think to have a case be approved quickly and the first time you would need to be deployed, get injured and lose consciousness, while unconscious submit a claim to the VA and hopefully have them make a favorable decision before you are once again conscious. Otherwise you would probably be considered healed or unharmed in their eyes.

Good luck with the increase for your TBI rootbeer22. I'm waiting to get an appointment scheduled with my VSO and discuss things about a CUE. Either way I'll be spending my time reading all I can and preparing for the VA to deny TBI until I have a rating or go through the proper testing that should have been done a long time ago to completely rule out TBI instead of a few generic questions that most guys I served with would all have the same answers to.

 

 

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On ‎04‎/‎23‎/‎2016 at 4:56 AM, Berta said:

forgot to ask..... when was the PTSD claim filed? same time as this one?

It really ticked me off to see the RO used the word 'intertwined' whixch is usually only used by BVA or the CAVC.

"Intertwined my butt"....their error intertwined it.

"This rating decision addresses your other claimed issues and your PTSD/TBI issue will be addressed by the Appeals team in a separate decision."

Yeah, I guess they need to find someone who can read.

This is outrageous!

Did they send you ANYTHING at all about the PTSD claim except for their ridiculous statement above ???

Did they even give you a C & P for it?

I can try to prepare a template for you to use, but I live in high altitude and clouds have been interfering with my satellite PC access, for days now....

the one I used above however is a good template to be tweaked to the errors they made on their recent decision.

Make sure you refer them to the date of this decision and to the alpha code rater who could not read.

 

 

 

Berta , attached is the C&P for TBI done by VES at the end of 2014. Like I said before, I was in this guys office building for maybe 20 minutes. Some things I read on here can only be answered if certain testing is done first. Don't know how he answered those questions. Also some of the "no" answers clearly apply. I don't remember any of these questions ever being asked. He saw I was having problems with my neck when he came to talk to me and was more concerned with the problems I had with my neck and back. If I didn't have paperwork telling me this was a TBI appointment I would have had no way of knowing that was what I was being seen for.

EDITED COPY OF VA (CONTRACTOR VES) TBI DBQ 05NOV2014.pdf

Edited by ESV12B
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