No Service Medical Records due to Medic Passing in Combat

[WifeOfUSMCVet]

My husband was in service from 1999-2003. He did two tours to Iraq. He received 3 TBI's while in Combat, but no records were made of the incidents due to the Medic with them being killed. Is there any way to prove that his TBI's were service connected even though there are no actual records? I've found a friend of his that was in combat with him that is willing to write a buddy statement. I've also seen where the Veteran can write a statement themselves which makes it Service Connected. What can I do. He has 70 IU, but they never gave him his back pay for this because they didn't raise his rating. Also, I know they do reviews and I've read that you need to file for every Service Connected disability just in case they lower another rating at the review. I've read through his VA medical records and there's a few places where it shows he has a TBI....Some say Combat related with his story and one doesn't, but has no story with it. HELP! 

Edited September 28, 2017 by WifeOfUSMCVet
date was wrong

[Carl the Engineer]

Wife,

From what I read, you state your husband is 70% IU, which means he is being paid at the 100% rate.  Is he P&T?.  What are his individual ratings and for what.  What exactly are you after?

As far as being service connected for a TBI (one is enough, more don't matter), yes a buddy statement will help as well as his statement.  If nothing else, file for the TBI now and worry about the early date later, just in case you don't get it, you have the current date.  File a claim.

I would think his unit (attached medical unit) would have anything the medic would have had.  I can't beleive he kept all his records on his person at all times.  Did your husband recieve 3 TBI's on the same day the medic got killed, if you catch my drift.  I would check with his unit, and the medical unit that was attached to it.  In writting.  I actually contacted my Senator and had him to a request for my medical records which I could not get on my own.  It worked for me.

Also, yes, file for everything that occurred while he was in service and in addtion, file for any new conditions that can be attributed to his current service connected disabilities, secondary to the current ailment.  Secondaries are easier as you only need to prove the original condition caused the new condition.  You don't have to prove it occurred while in service, etc.

Good luck,

Hamslice

 

[WifeOfUSMCVet]

Hamslice,

He is rated 50% for PTSD, 10% Tinnitus, 30% migraines. He is not P&T and that's what I'm trying to get. They denied the TB I claim we recently did when we did IU. They said there was no record of a TBI, but I uploaded all the supporting medical records for TBI, even highlighted the info for them. 

 

I will see if I can check with his unit. I'm not really sure how to do that and I hate asking him. All of this stuff really stresses him and his PTSD becomes worse. He told me I could do it if I want, but we do need it. We have 6 kids.....4 will be in college in a few years.

[Berta]

A TBI itself is not service connectable, the residuals from the TBI are....

with a buddy statement and with the suggestions Hanslice made, and any documented residuals in his medical records, he might have a good chance of succeeding, as there would be no other etiology for the residuals but for a TBI incident in service.

The buddy would have to be in the same unit, same time and place,of your husband , and give an eye witness account of any incident that could have caused the TBI(s) and give VA their contact info .

TBI residuals and rating criteria are found in our TBI forum under a search.

[john999]

Your husband received no medical treatment at a hospital or medial unit other than from a medic?  Even my crappy Vietnam medical information was recorded in unit medical system.

[MikeHunt]

On 9/28/2017 at 2:32 PM, WifeOfUSMCVet said:

 I've read through his VA medical records and there's a few places where it shows he has a TBI....Some say Combat related with his story and one doesn't, but has no story with it. HELP! 

Should be a slam dunk.

Ham had some questions on what's the 70% about.

Also, for combat injuries, all it takes is his word, IIRC. - Pretty sure about his.

Didn't have TBI pre- deployment- Has it after deployment.

[WifeOfUSMCVet]

His 70% is 50 for PTSD, 10 for Tinnitus and 30 for migraines. We have claims in for his back, shoulders and his TBI.