lumbosacral Head injury in service I just remembered, ironically....

[armyvet89]

Hello all you wonderful folks! 

I just found some of my service medical records the other day and in it was a LOD from where I suffered a head injury while training. I had (no pun intended) completely forgot about it. I dont feel that there was ever a diagnosis provided but it did knock me out and I was out for quite some time, so I'm told. I dont really remember much after that. I was told that the doc that was seeing me said that I was out for a while ordered bed rest WITHOUT sleep and to follow up the next morning. I did not go to the hospital but I guess she was asking me several questions to which I had inconsistent responses for like what is todays date? President Obama was my response. I still get jabbed about this from my buddies that were there. It took a good day or 2 before I came around to being close to normal. I was also involved in several explosions in iraq (rockets and mortars and a parachute grenade). The parachute grenade hit next to my truck and it knocked my gunner out. We were all pretty stunned. Since all of this I have had some serious issues with MH also headaches/migraines, balance and dizziness problems, tinnitus (SC'ed), blurred vision and a twitch in my left eye that is also documented on the LOD. One of the mortar blasts forced me off the top of the MRAP and I hurt my left knee. When I came back to the states I was put on pain meds most with tylenol in them and when I would complain about headaches it never made its way into my VA records because I was told that its likely do to the high blood pressure and the knee pain. So what I am getting at is that I think I may have covered up some of the headaches with the pain meds I was on and I think this is going to make it look like they arent bad at all when in fact they are. I am not taking the pain meds anymore and this migraine stuff is for the birds. In 2011 I was also diagnosed with PTSD and depression NOS by a VA doc and have continued treatment and medication ever since but last year I was denied PTSD from the RO because my c&p doc was a xxxxxx xxx. The exam doc works for another company on the side where they fight against people going for social security based on MH contentions. I feel like he is completely inadequate at his job and isnt deserving of the position he holds so I wrote the VA and told them about it.

So now I have recently submitted a claim for headaches, migraines, TBI, residuals of TBI and PTSD. I feel like if i can get them to SC me for the TBI that it would help with my PTSD claim. What are your thoughts? How should I approach this? What should I prepare for? Since there was never a diagnosis given for the head injury will the VA not provide a TBI diagnosis?

Not sure if it matters but I am currently connects for left knee 20%, Right knee 10%, Radiculopalthy right side 10%, lumbosacral strain 20% and tinnitus 10% totaling 60%.

[broncovet]

YOu do not need a "in service diagnosis".  You do need:

1.  Current diagnosis of TBI.

2   Documentation of in service event. 

3.  Nexus, or medical link, between your in service event and your current diagnosis.  Its in the form of: 

"The Veteran's current diagnosis of TBI is at least as likely as not due to his reported head trauma in service."

Obviously you could ALSO have gotten a head trauma unrelated to service, such as an auto accident after service. 
"

[armyvet89]

13 hours ago, broncovet said:

YOu do not need a "in service diagnosis".  You do need:

1.  Current diagnosis of TBI.

2   Documentation of in service event. 

3.  Nexus, or medical link, between your in service event and your current diagnosis.  Its in the form of: 

"The Veteran's current diagnosis of TBI is at least as likely as not due to his reported head trauma in service."

Obviously you could ALSO have gotten a head trauma unrelated to service, such as an auto accident after service. 
"

Thanks for the quick reply Broncovet. So how exactly is the link between PTSD and TBI established? When I was denied PTSD before (never appealed) the doc acknowledge that I did have a current diagnosis from a VA provider for PTSD and I did have symptoms related to the diagnosis but said that he felt that my drinking was a big part of my MH issues and that I should have 6 months of sobriety before a good decision could be made. Funny thing is that I told the guy that i drank occasionally and that i used to have a drinking problem. There were so many things added to that exam that I never said or did. So I am hoping that this claim comes out more favorable.

[broncovet]

Order a copy of your medical records.  You can probably get these at your VAMC by going to the "release of information" desk.  My VAMC will give those records to you now, as long as its less than a "few" pages..say 25 pages.  If the medical records you request is longer, then you may have to wait for them to mail them to you.  Getting these at YOUR RO takes much longer.  So just go to your VAMC, and ask for a copy of your records.  Your VAMC may have a different policy than mine.  

Read these records.  See if you have the "Caluza" big 3 DOCUMENTED:

1.  Current diagnosis (PTSD, TBI, etc).

2.  In service event or aggravation.  You may need your SMR's to find this out.  

3.  Nexus, or link between number one and number 2 above.  A doctor or medical professional must provide this.  

If your doc has not provided a nexus, then you may need a private IMO/IME.  You have to fork out the money for those.  

However, its pretty simple:  You either have the big 3 documented or you dont get compensation.  The only way to be sure of this is to review your medical records and see for yourself.  Get someone to help you, and ask them if they can point to you "all 3" of the big 3.  If you are missing any one of these..its a denial.  You must have all of these.  

Exception:  Secondary service connection.    If you are already service connected for (say TBI), then a doctor need only provide a nexus and a diagnosis (numbers 1 and 3 above).  You dont need to "re document" an in service event if your doctor says:  "The Veterans (PTSD), is at least as likely as not due to the TBI he suffered in military service).  (This assumes you are already SC for TBI, which you apparently are not).  

According to your post, you are "not" SC'd for any mental health disorder, such as PTSD, TBI, depression, bipolar etc, etc.)  

For a service connection for PTSD they want documtation of a "stressor".  This may be waived in some circumstances if you have documentation you were a COMBAT Vet.  Still, its better if you have some verification on an "in service event" that caused your PTSD.  

Some examples:  

1.  One of your friends was killed or badly injured in combat.  

2.  You had to move dead bodies.  

3.  You were near a bomb or artillary and suffered trauma.  Buddy letter will sometimes suffice for this.  

4.  You were a victim of military sexual trauma, such as you were raped.  

5.  A bunch of other stuff such as your friend got his arm blown off, you were present when people got killed (military or civilian) etc, etc.  

      If you were a combat VEt, stationed in a war zone, they relax this requirement sometimes.  In other words, if you were in a battle, and you were injured or given a purple heart, then VA should relax the stressor requirement.  After all, gee, if bullets are flying overhead, what are you gonna do..ask your sargeant to verify this?  Maybe staying alive might be a higher priority.  

[jfrei]

On 4/14/2017 at 11:40 AM, armyvet89 said:

Thanks for the quick reply Broncovet. So how exactly is the link between PTSD and TBI established? When I was denied PTSD before (never appealed) the doc acknowledge that I did have a current diagnosis from a VA provider for PTSD and I did have symptoms related to the diagnosis but said that he felt that my drinking was a big part of my MH issues and that I should have 6 months of sobriety before a good decision could be made. Funny thing is that I told the guy that i drank occasionally and that i used to have a drinking problem. There were so many things added to that exam that I never said or did. So I am hoping that this claim comes out more favorable.

Honestly get the head injury service connected first everything else will fall into place. I had the same issue my first PTSD exam made no mention of head injury they denied . But when I got that service connected they granted me Dizziness and lightheadedness migraines and they lumped PTSD in with in. I'm still on the battle of separated my PTSD but it won't be anytime soon. How long has your fight been going with the VA?

[armyvet89]

Broncovet- This is where I get very aggravated and confused. I feel that I do have the 3 pillars of service connection. In the records that I have I was 1. Diagnosed with PTSD, anxiety and depressive disorder NOS by a VA psychologist 2. Submitted my award of a Combat Action Badge to verify one of a few inservice event along with 3 buddy statements from guys that were there as well as news articles that it actually happened and 3. In my treatment notes it shows that my doc at the VA diagnosed my PTSD due to events that happened during a combat tour of duty to Iraq. Mind you I had 5 years of treatment and care under this doctore before I even filed for PTSD. So this doc knows me and my situation inside and out and then I met with the VA C&P Doc for 45 minutes and he decides I dont have PTSD and the claim is denied. Heres the tricky part. My VSO said that since I had all 3 pillars all the C&P doc should have done was asses my current occupational and social deficiencies levels for a proper percentage. Now I have not filed an appeal or NOD on it yet because the VSO I was working with has "no call no showed" and they fired him. So I am wanting advice from you folks here because I feel there is more to learn here than sitting down with that VSO. What do I do here? I feel that this was done wrong. I honestly think that trying to connect my head injury to the LOD and opening PTSD up again is a quicker route than an appeal. Maybe I am missing something but I never understood why vets would appeal a decision and wait years on end when you can get N&M evidence to submit to reopen the claim.

 jfrei- your head injury, is that event what causes or linked your PTSD? I was hit in the head by another soldier during training and I also was involved in several blasts but there is no record of the blasts causing me any sort of headaches or anything other than them just happening. I have been fighting the VA since 2011 and I just got to 60% but that was mostly secondary service connections on back and knees stuff. 

 

Thanks for all the help ladies and gents. I feel like I am some what knowledgeable about this sort of stuff but I definitely rely on any and all info and support I can get from you all!  

[Buck52]

ARMYVET89

It's your choice to Appeal NOD or Reconsideration but you need to know the ramifications of the difference and the out come.

NOD  you keep your EED, & Reconsideration you lose your EED it will go back tot he date you file for Reconsideration. (if you win)

NOD in my opinion is the better way to go, you can get IMO's and more evidence from the Dr that knows you, those C&P Examiners usually always messes with a Veteran claim  because they have the power to do that ..we don't know why they do that  just a power trip in my opinion .

If you have a VA DSM 5 PTSD dx &Your nexus & evidence along with your CIB  And your lay statement in detail to describe what your life is like now  vs before the military..you can win this and keep your original claim date   by sending in a timely NOD within 1 year after your denied date.

Think it over and ask more questions..if you don't have a VSO  think about getting another one...its hard to find a good caring VSO now days bu theres still some out there..you can also stay here on hadit and members her can guide you through this process.

Remember its certainly your choice to go the direction you feel is right or better for you.