TBI questions

[FMFDOC25]

I apologize if this is going to be a long-winded explanation. I'll get to my question at the end. I was on barracks duty during my time in service. While on duty, I was physically assaulted (Beat up) by a belligerent resident that was  supposed to be a buddy of mine. I was repeatedly punched for what seemed forever ;to my head and face. It took other residents to pull him off me and the MPs were called. I sustained a bloody nose, cut lip, and bruising all over my face.I had submitted an incident report with them and pictures were taken by the MPs. I didn't go to medical the next day because I was embarassed and was still dazed and confused of what had happened. I don't recall the exact year, but it was the summer of 2001 or 2002.

The two questions I have are, as follows:

1. Where can I obtain information of that incident in 2001 or 2002?

2. Can I claim TBI for that incident, especially since I am service-connected PTSD?

 

[Richard1954]

You could contact the Military Police who took the incident report and Picture, it is possible that they may still have a file. If you went to the Hospital at any time because of this you could request the medical records .  You can claim anything you want to claim, but I can't say if it would be related to PTSD or not since you apparently have no record of the incident and you did not say why you were rated for PTSD.

[broncovet]

All we can say is that your "in service event" you described needs to be documented.  Buddy letters sometimes serve as documetation.  

Your "buddies" can document pretty much what you said.  They can not document a diagnosis of TBI in service, but its "plausable" that this event caused TBI, if, indeed a Doctor has diagnosed you with TBI.  I havent read your medical records so I have no idea if you have a current TBI diagnosis.  

Your doc would then need to provide a nexus.  He would "review your records" to frankly rule out other causes for your TBI, such as an automobile accident, or if you were a football player or boxer.  

Then, a Veteran friendly doc could conclude that your TBI is "at least as likely as not" due to getting beat up in service.  

It goes back to the documentation of Caluza elements:  current diagnosis, in service event, and nexus.  Buddy letters can be useful to document an in service event.  However, the question that arises is why you did not seek medical treatment.  You answered that question..but I dont know if you answered it well enough to satisfy VA's bean counters.  

[broncovet]

The VA has something called "continuity" of symptoms.  

Example:  You get beat up and hit in the head.  You dont go to doctor, and report no head trauma symptoms for 30 years.  Then you all the sudden have TBI.  This probably wont fly.  At points during that 30 years you would have also had symptoms of TBI. (continuity of symptamology).  Notice this is continuity of symptoms not continuity of treament.  VA likes to mix those up.But they are not the same.  

Continuity of treeament suggests you went to the doc twice a year complaining of TBI symptoms.  His treatment, especially over 30 years could vary widely.  One doc may say there is nothing wrong with you, another may order an MRI, another may put you in the hospital.  Still another may give you pills.  Your treatment can vary, but the key is did you have continuity of symptoms.  

[Buck52]

What Is Required to Prove Continuity of Symptomatology for VA Compensation Claims?

To successfully prove that your case can be determined using continuity of symptomatology, you and your lawyer will need to provide the following three types of evidence:

1.Proof that the symptoms of the current disability were “noted” during the period of service

2.Proof that these same symptoms continued after the period of service ended

3.Medical documentation (or in some rare cases, lay evidence) that a link exists between the post-service symptoms and the current disability

Veterans and their advocates should make sure not to rely merely on the evidence of continuous symptoms as proof – the third element of evidence, the establishment of a link by a medical authority, is crucial to successfully arguing VA compensation claims using continuity of symptomatology.

 

Source: Marc Whitehead &  Associates Disabilities Attorney's LLC