Eval for TBI issues

[joerohling]

So I have a HUGE problem! It is documented in my Military records and am being SC for a surgical reconstruction of my Frontal sinus portion of my skull. However, I was never rated or even thought about it until here recently, looking at the actual injury that caused the fracture(head injury/ skull fracture) that occurred 15 years ago. I basically did not recognize any of the issues (insomnia, depression, anxiety, memory issues, difficulty concentrating) or masked them through alcohol and substance abuse( which use of these did not start until after the injury) until sobering up over the last 2 1/2 years. However, after many therapy sessions my therapist, whom is not an MD, he is confident that all these underlying issues are the perfect example of residuals from the head injury. I do not recall the hospital at Ft. Campbell doing a TBI eval, or being diagnosed with TBI, I think mainly because it was in 2000 and TBI was not at the moment an issue. My psych put in a consult recently for TBI eval, which the MD that received consult denied, stating that because A)the injury was prior to November 2001, B) I did not report symptoms (to VA) until 2008 or later, and C) not combat related, I do not qualify for a TBI screening. He also requests records from outside physicians and will reassess after seeing those. I did see outside physicians for a few years after getting out due to having private insurance and it was so much more convenient than driving 1 1/2 hours one way. I also had some issues that I saw those physicians for that fall in the symptom categories listed above. However, after spending the last 2 days calling these different physician offices, I find out that either the records have been destroyed because they only keep them for so long, or I am not in their system at all. I don't know where to go with this from here. Anyone else had a similar situation? And if so, what did you do to get the situation looked at? I have an intent to file for the head injury and residuals, but do not want to file until I have all my ducks in a row( lesson learned the hard way).

[Lemuel]

On 5/13/2016 at 11:30 AM, joerohling said:

So I have a HUGE problem! It is documented in my Military records and am being SC for a surgical reconstruction of my Frontal sinus portion of my skull. However, I was never rated or even thought about it until here recently, looking at the actual injury that caused the fracture(head injury/ skull fracture) that occurred 15 years ago. I basically did not recognize any of the issues (insomnia, depression, anxiety, memory issues, difficulty concentrating) or masked them through alcohol and substance abuse( which use of these did not start until after the injury) until sobering up over the last 2 1/2 years. However, after many therapy sessions my therapist, whom is not an MD, he is confident that all these underlying issues are the perfect example of residuals from the head injury. I do not recall the hospital at Ft. Campbell doing a TBI eval, or being diagnosed with TBI, I think mainly because it was in 2000 and TBI was not at the moment an issue. My psych put in a consult recently for TBI eval, which the MD that received consult denied, stating that because A)the injury was prior to November 2001, B) I did not report symptoms (to VA) until 2008 or later, and C) not combat related, I do not qualify for a TBI screening. He also requests records from outside physicians and will reassess after seeing those. I did see outside physicians for a few years after getting out due to having private insurance and it was so much more convenient than driving 1 1/2 hours one way. I also had some issues that I saw those physicians for that fall in the symptom categories listed above. However, after spending the last 2 days calling these different physician offices, I find out that either the records have been destroyed because they only keep them for so long, or I am not in their system at all. I don't know where to go with this from here. Anyone else had a similar situation? And if so, what did you do to get the situation looked at? I have an intent to file for the head injury and residuals, but do not want to file until I have all my ducks in a row( lesson learned the hard way).

Sorry, long time with no response to your question.  Somehow fell through the cracks.

Hope you have filed a claim by now.  Never too late.

My TBI injury was in 1969.  Was not diagnosed until 1985. Claimed when I went to the DAV rep on Guam and he put in a claim for "residuals of: (everything in my 13 year Navy Health Record including the "frontal sinus fracture of my skull" called a Zygomatic blow out fracture.)  It was picked up in my PTSD examination because of a loss of sensation in my right arm.  EEG and neuropsychological testing at that time created a diagnosis and rating of 30% for traumatic brain disease instead of PTSD.

You do not have to have the records to prove they existed.  If they were billed the billings are still on a computer somewhere to prove you were being treated.  If nothing else your bank account for co-pay or insurance company payments.

In 2001 everything was computerized.  There is a backup somewhere with the records.  If you can get an attorney to help you with this, they can be located.  Getting an attorney without a previous claim with some significant back pay due is a problem.

You do not say anything about you employment status or history.  This is very important.

I filed "next of friend" claims for veterans in your situation beginning in 1987 with the last in 1994.  If we can get a law firm to open a class action on those claims you may qualify.  I am at the BVA in remand from the CAVC with those.  The docket number at the BVA is: 210131-138729.  

I will ask a question on HADIT if veterans with related claims can join at the BVA whether they have a denied claim or have not yet filed a claim.  Do not know the rules on that but know there is a thing called joint claims or appeals.  Will search and get back here to you if you respond.

 

 

[Lemuel]

Joe, the best way to go may be through the Board for Correction of Records if you were not offered a medical discharge board by your discharge physical physician.

[jfrei]

Im just reading this to sorry, but file a claim for tbi residuals to get the ball rolling. If you get an IMO might be all you need for service connection and then their C and P. But damn 2016 sorry never saw this until now that was the year a won my appeal at the BVA for my tbi