Denied SC for "Headaches" in 2010 | Poss CUE in 2019.

[MAC64]

 

Good day good defenders of freedom!

I was told to come here by my battle buddy!

I am SC for: 

PTSD 50%

Lumbar Pain 20%

Tinnitus 10%

R Ear Hearing Loss 0%

 

In 2005, I was involved in another IED explosion, this time it was VBID. I was thrown off a front end loader and landed on my back. I hit my head and was disoriented, my ears were ringing, and it was difficult to focus afterwards, I was not knocked unconscious. I was helped up by a fellow soldier, and began to help.

 

I filed for SC in 2009, and was granted SC in 2010. SC was denied for headaches and this was the denial explanation:

 

[“We may grant service connection for a disability which began in military service or was caused by some event or experience in service.

 

You report you have headaches occurring twice a day. They are not precipitated by anything in particular although you do report some light sensitivity. The headaches are in the frontal area of the head. You take aspirin for the headaches. Your STRs are negative for any treatment of or diagnosis of headaches. On your post-deployment exam in 2005 you denied any headaches. On separation, you denied any headaches. VA treatment records are negative for any treatment of or diagnosis of headaches. On VA exam, the examiner stated there was no evidence of any residuals of a traumatic brain injury.

 

We have denied service connection for headaches because the evidence of record fails to show this disability was incurred in or caused by military service.”]

 

*15 days prior PTSD C&P Exam: Examiner stated:

Medical History-

“veteran endorsed that his ears were ringing, he had dizziness, and had poor concentration afterward this blast.”

 

STR from 2006 show complaint of headaches and other symptoms associated with sickness. 

 

Documented complaints from 2006-2018 of TBI residuals via psychological sessions and physical therapy sessions via VAMC. 

 

Current diagnosis of Migraine headaches 2019. 

 

The original 2010 denial was not appealed and this will be my first time challenging it. 

 

Do I have a case for CUE based on the unmistakable face the TBI examiner did not review STR and, OR the PTSD C&P Exam? 

[MAC64]

14 hours ago, GeekySquid said:

okay took a minute and did a quick scan.

am I missing your TBI evaluation DBQ?

Where is the doctor's explanation besides "see nexus"?

please include the missing pages 1-3 of the initial decision I am looking for the evidence list and wording.

The doc basically says you had a TBI so where is the follow up DBQ and examination that should trigger, Duty to Assist comes to mind if they didn't give you an exam for that.

do you have other STRs like that?

Do you have a report or STR about the blast? date time etc?

can you get a buddy statement from that time?

there will be more but that is a start for you.

am I missing your TBI evaluation DBQ?

 

The doc basically says you had a TBI so where is the follow up DBQ and examination that should trigger, Duty to Assist comes to mind if they didn't give you an exam for that.

GOOD QUESTION. From my understanding, I was not given an actual exam for TBI, but I have included the exam I did receive. The M.D. did not conduct an actual TBI exam. 

Here is the TBI C&P: 

Pages from C&P Exam TBI copy_Redacted.pdf

Where is the doctor's explanation besides "see nexus"?

The doctor did not put an "explanation".  

please include the missing pages 1-3 of the initial decision I am looking for the evidence list and wording.

Here is the decision: 

Original Denial-Grant Reasons_Redacted.pdf

do you have other STRs like that?

I'm not sure I follow. 

Do you have a report or STR about the blast? date time etc?

Here is the confirmed stressor filed into record by the VA. Also attached, is the order put in by the ordering official (whoever that is), directing the examiner...

WHAT HAPPEN copy_Redacted.pdf

TBI Order _Redacted.pdf

can you get a buddy statement from that time?

I have not tried with guys I deployed with, but I have a buddy letter from my partner. 

I appreciate your help on this. 

Edited August 29, 2019 by MAC64

[ShrekTheTank]

From everything you just told me it sure does sound like a CUE.  As they are citing your medical record on which you are saying it is very clear you have had issues with your head and headaches.  So the biggest problem I can see is you just got your diagnosis of headaches.  @Berta is the best one here with CUE's if she has time she might be able to take a look at this.

[MAC64]

Hey Petty Officer, 

 

Thank you for your reply! I do have a question about a problem you see (So the biggest problem I can see is you just got your diagnosis of headaches.), why is my current diagnosis a problem? 

 

How do I get in touch with Ms. @Berta? 

[Tbird]

Just start a knew topic and if @Berta can and has time she will jump in. We are all volunteers here so people spend the time they can.

[MAC64]

Yes ma'am! 

 

For clarity, when you say new topic do you mean re-post the same question, as a new post? 

[Tbird]

Sorry @MAC64 I worded that poorly, what you did is exactly right you created a topic with your question.