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? 

[GeekySquid]

3 minutes ago, MAC64 said:

I was not given a headaches C&P Exam, but was denied for headaches.

this C&P is for migraines.  your STR's will hopefully show some repetition of complaints.

4 minutes ago, MAC64 said:

hat page is out of order; its all there.  

okay, it just looked that way.

5 minutes ago, MAC64 said:

The STRs I have showing complaints of headaches are from 06 (one after stressor),

then the blast may have amplified a problem already documented in your STR;s. The good news is you have documentation in service.

6 minutes ago, MAC64 said:

Why is documents of this sort important to my case? 

amplification of your PTSD symptoms combined with possible of residuals from TBI.

7 minutes ago, MAC64 said:

Who did the assuming exactly? In this case, you mention a "person", what is that persons' position in my denia

read your own documents look for spots where the author says "no evidence exists so it didn't happen".

8 minutes ago, MAC64 said:

I was told my ED was the result of my PTSD. 

was that from the C&P? if so good.

8 minutes ago, MAC64 said:

I was started on Viagra. I will ask about Cialias.

the va has a course of treatment for ED. It starts with viagra for several months (3 i think) and then if no help move on to other stuff with Cialis being the next.

9 minutes ago, MAC64 said:

I was told are the direct result or associated with my PTSD.

They can be, BUT if you have an undiagnosed TBI, say the Crushed Sella as part of the problem, then you have the potential to have ratings that are independent of PTSD, which in the long run is good for you in terms of future compensation like SMC (S).

The Pituitary is the Master Gland and all your sympathetic nervous system, autonomic systems and even voluntary systems rely on the Pituitary gland. You want this checked out. If your hormones are making your PTSD worse at times, there are different therapies to help you control that stuff instead of just antidepressants.

13 minutes ago, MAC64 said:

What do you mean when you say this?

If in doing your filing and award the VA did not do a thorough review of your records then they violate a bunch of laws. In that review conditions that are reasonably raised in your file, even if not explicitly raised by an application for compensation, are supposed to brought to the Forefront and the va is obligated to help the veteran develop the records towards the idea of a compensation claim.

 

15 minutes ago, MAC64 said:

This has caused me to feel there is a error. I was denied headaches, but not evaluated for them. I was also told my STRs, did not show complaints of headaches and was not correct. TBI and Headaches have seperate DBQs? 

there may well be a legal error. I cannot say at this minute. others will hopefully chime in and read the files.

TBI and Migraines can be associated but they are distinct examinations and requirements. Go to VA.gov and start digging in. YOU need to dive into this feet first. Use what I posted as a guide of what to look for.

You must be your own best advocate. You must be actively involved. I cannot do it for you, no one can.

You must learn how to do the research. It is your claim. your compensation. your future. There may/will be future claims. Others cannot do the research for you.

I am happy to help but I will not do your work for you.

[MAC64]

23 hours ago, GeekySquid said:

You must be your own best advocate. You must be actively involved. I cannot do it for you, no one can.

You must learn how to do the research. It is your claim. your compensation. your future. There may/will be future claims. Others cannot do the research for you.

I am happy to help but I will not do your work for you.

 

Edited August 30, 2019 by MAC64
I GET PARINOID, SORRY GOOD PEOPLE.