TBI vet here, I think a miracle happened...

[eli]

I've been a reader here for years, rarely talk, took advice, filed my claim, was denied, appealed, you know the drill.  I'll try to give the basics of my story from hell.

During the Gulf War, stateside, I had an accident while we were loading aircraft and I was knocked unconscious.  Being the gentlemen that they were, my buddies carried me to the side and finished loading the aircraft.  Afterwards they laid me on the couch in the break room and I came to sometime later.  The accident wasn't documented,  But I did start showing up at the base hospital complaining of nausea, vomiting, headaches and sleep problems.  One doctor was so irritated at my complaints that she called my sup and told him to stop sending me to the ER and to tell me to suck it up.  I actually have a copy of her remarks in my file.  There was no way in hell I was going to admit to wetting the bed, but I was washing my bed sheets more often.  Several other odd things happened and at least one was documented thank God.  I had a seizure and wandered into a restricted area without my line badge on.  When I was addressed by the person in charge of the area I was incoherent and he told my sup to write me up for disrespecting him.  TG he did write me up, again I have a copy of this.  None of us thought, hey this is a seizure.

I finally had insurance and a great doctor.  An epileptologist, she said your MRI shoes major brain scarring, what building did you jump out of head first?  I told her about the accident in the military.  She said since you're a vet, get yourself into one of the new VA epilepsy centers of excellence.  At this point I'm averaging 55 seizures a month, can no longer work and have to file for ssdi.  Someone says why aren't you using vet benefits and why haven't you filed a claim.  "Huh?  You mean I have vet benefits?"

Fast forward...claim filed, claim denied, they say yes you have epilepsy but no record of accident.

I appeal.  Denied.

I track down one of my supervisors that was with me on the aircraft that night and he writes a witness statement re the TBI accident.  My current Epileptologist fills out the DBQ and writes a letter stating that I suffered a head trauma during the accident, that the spell I had (wandering into the restricted area) was indeed a seizure and that my epilepsy is the result of said head trauma.  Of course she didn't use the wording I tried to explain to her.  She's foreign and wrote it in medical terms.

They reopened my claim, new evidence?  This time my denial says we admit you had a head trauma accident but you haven't been diagnosed with a TBI and you don't show residuals of a TBI.  And the evidence wasn't good enough?

Me, last week when I got the denial....what???????????????????????????????????????  Although I'm not surprised.

 

Here's what  just happened, I mean ty Jesus, I just happened to see.  And please let me know if this isn't important.  Esp since these records are listed as evidence on my SOC.

VAMC Doctors notes, he's a Neurologist:

Year event type started:  1991

Frequency: 12 per month (my comment-> of the worst seizure type)

Injuries from events:  Head trauma

Traumatic Brain Injury: YES

Traumatic Brain Injury Severity/Loss of Consciousness: moderate 30 min to 24 hours

Type of TBI: closed

***If this is the diagnosis from my VA doctor then didn't VA screw up with their denials?

My last denial/SOC letter dated 11/21/17 says, quote:

Evidence:  Treatment reports VAMC Durham, for the period June 19, 2013 thru Sept 3, 2015

My 2/13/17 denial/SOC also lists the Durham records in evidence.

 

So yeah, I'd love some feedback on this situation.

I was planning on submitting 2 more IMO's stating I have a diagnosis of TBI when I submitted my form 9 from this last denial, assuming I'd be heading to BVA.

Oh dear hadit experts, whatever if anything does this mean????

Edited January 10, 2018 by eli
Clarity

[eli]

Yes I did receive a SoC in my first denial.  I've been working on things this week in between seizures and ibs.  Trying to catch up on posts.  Am heading to your SMC one next. :)

Edited December 7, 2017 by eli

[jfrei]

On 12/4/2017 at 8:17 AM, eli said:

Added point of interest.  I am also one of the TBI vets that received a C&P by an unqualified doctor.

Make that two right here I once had 3 different TBi exams in one year i received and noted each mistake with each and by the 3rd one which was outsourced with VES to get it right. I made sure I brought medical evidence and this time to see the tracheotomy scar 3 inches in the middle of my throat from my coma don’t know how it was missed the first two times. Usually so busy filling out the paperwork to even look at me...

[jfrei]

I have a blackout condition so my VA doctor has recommended sending me to the Mayo Clinic. Is  the seizure condition being looked at in the Va hospital. Like me I have a 4 inch cyst in my head causing these issues they found in an MRI. Alittle scares over doing it out in the heat will almost guarantee a blackout...tell me some details about your TBI as to how long you were out do you have hospital records anything calling it a TBI from the civilian world...

[eli]

2 hours ago, jfrei said:

I have a blackout condition so my VA doctor has recommended sending me to the Mayo Clinic. Is  the seizure condition being looked at in the Va hospital. Like me I have a 4 inch cyst in my head causing these issues they found in an MRI. Alittle scares over doing it out in the heat will almost guarantee a blackout...tell me some details about your TBI as to how long you were out do you have hospital records anything calling it a TBI from the civilian world...

jf I was unconscious more than 30 less than 24hrs, I believe is how they say it.  I have intractable epilepsy.  I was first diagnosed by civilian drs and it was verified at VAMC's.  Historically they were called head injuries, they are finally calling them TBI's, often you have to ask drs to clarify for the VA.   And yes I have medical documents calling it a TBI.

Having been treated by both civilian drs and at VAMC's...I wouldn't take my service dog to a VAMC.

If you do have a seizure disorder then what typically happens is they start at the top of a list of AED meds and try each one on you until they get a positive result.  Enjoy that hell.  /sarc

Also, AED's are hard on your gallbladder, I had emergency gallbladder removal surgery last year.

FYI - research the AED's side effects/interactions yourself, the drs don't give much info.

[eli]

Update:

I'd called the White House VA hotline in December and they gave me a call case#.  I called back Monday and was told that my file is "ready for review" and that my file is now flagged as TBI.  I asked the vet rep what that meant.  He said I'm also a TBI vet, if your file is flagged as TBI then they recognize that you have a TBI diagnosis. 

I said, well I sent in a CUE because they denied me for lack of a TBI diagnosis and my neuro at the VAMC Epilepsy center clearly states I had a in service TBI in 1991 and have epilepsy because of it.  And those records were listed under evidence, but apparently no one read them.  So is the flag a good thing?  He said "yes!"

Feel free to opine if you're familiar with the VA terminology.  Where is it sitting if it has a diagnosis, im flagged TBI and "ready for review"?

[broncovet]

Earlier you asked if you should get an attorney to represent you at the BVA.  Given your TBI, this is a no brainer:  Hire an attorney.  You could wait until the results of the Board decision, however, unless its fully favorable.  

"After the BVA decision is complete" is a "line" you dont want to cross without an attorney.  There is no reason to because the CAVC almost always awards EAja FEES to successful claimants.  In other words, the EAja PAYS your attorney fees MOST of the time at the CAVC level.  Some attorneys will even accept cases at the CAVC level "for eaja fees", and dont expect money from you.  

Maybe you will get a successful resolution of this before CAVC, but you are paddling "upstream".  The problem is that GS11's really dont have the authority to authorize six figure retro checks, thus they deny, and to get paid you have to hire an attorney and have a CAVC judge decide it.  With your TBI, you are paddling "up a waterfall".  

My advice:  Wait for a board decision, but, in the interim, be "making a list" of attorneys to send your BVA decision to.  Start here:

https://vetadvocates.org/welcome/find-an-attorney/

The likeliness of this being resolved at the Board level or below, with the correct effective date is not good, but good luck to you anyway.  

You just might get your 100 percent with TBI, but you probably wont get the effective date you should get.