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]

welcome @MAC64 

First and foremost to understand your situation properly more information is needed.

To get that information in its clearest form please upload your Award Letters, all of them, DBQ's if you have them, Code Sheet and other supporting docs .

Cover your personal identifying data thoroughly. simple black marker doesn't work.. heavy sharpie or scan doc and redact using Word or PDF editing software.

CUE is a Clear and Unmistakable Error that has to be attacked using Law instead of just a difference in opinion or diagnosis.

Without seeing those docs I cannot say if CUE is probable but you should have a New and Material Claim.

The dates are important, and if the STR's were in place when the denial C&P occurred and the VA overlooked them then they are "new" and they are "material" to the denial.

[MAC64]

On 8/18/2019 at 1:48 AM, GeekySquid said:

welcome @MAC64 

To get that information in its clearest form please upload your Award Letters, all of them, DBQ's if you have them, Code Sheet and other supporting docs .

 

Thank you @GeekySquid for your reply. 

 

 

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

[GeekySquid]

16 minutes ago, MAC64 said:

I look forward to your reply. 

I will read them and hope others do too. It will be later that I can really dig into your docs so please be patient.

[GeekySquid]

29 minutes ago, MAC64 said:

I have redacted personal information for my documents listed below. 

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.

On 7/22/2019 at 3:26 PM, MAC64 said:

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

 

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.

[GeekySquid]

1 hour ago, MAC64 said:

I appreciate your help on this. 

okay Mac64, looks like you have about 8 lbs of crazy crap going on here.

Not 100% sure you have a clear CUE for migraines, again I have to dig deep into what you posted. I do see potential 4.6 violations and if @Berta has the time to review your stuff and says you do, I wold trust her opinion and follow her recommendations.

however, from what I see you were not sent for anything for your dizziness and they should have.

The Dr in your TBI statement does not believe you have residuals of TBI yet there is no MRI showing. You want that MRI for this and for a couple other reasons. I would also note that there is a missing page in the file you posted, like it was not scanned properly, I would get that page. It looks like it might be available from your VAMC Records Office instead of just in your C-File.

you need to search your in service medical treatment records for anything to do with vision, headaches, hearing, dizziness, nausea, etc.. pay close attention to dates AFTER you got blown off that rig.

you want to also look for any mention of reprimands, bad behavior, anger, fear, fighting, reduction in performance, or other inappropriate behavior. 

I also see a lot of development based on a lack of evidence. In other words assumptions declared because the person says there was no record...you need to find those records if they exist. A CUE may reside in there someplace.

While you are searching your records and trying to find buddy's from that time to give a letter, I suggest you put in a claim for TBI and one for Dizziness.

If you suffer ED put in a claim for SMC(k) tell your PC and get viagra and then move to cialias, if viagra doesn't help.

you are relatively young by the dates that are visible, but do you have any form of voiding dysfunction, you don't have to answer here, but if you do put in for that. PTSD and nocturia are common. They will ask you about "pad" use. Look up the DBQ and understand what they are looking for

This applies to any and all claims you might have. Read the DBQ and the CFR to understand the VA's parameters.

With the TBI and with the Dizziness you want them to send you for an MRI. The MRI will show if you have an Empty Sella or Partially Empty Sella as well as other possible bruising or damage.

If you have issues with the Sella you do have some proof of residuals from a TBI. The sella covers the pituitary and when "crushed" it can harm that Master Gland that controls all of your hormones and be a direct service connection for sexual drive issues, loss of creative organ issues, and things like anxiety, depression, etc that all play into your PTSD. The sella can be crush in a low impact (5mph) fender bender so getting blown off a piece of equipment can do it too.

The evidence list is devoid of any mention of TBI and Dizziness. You might have a claim for Duty to Assist, Duty to Notify and Duty to Infer, but again I cannot be sure and hope others chime in on those directly.

AS I stated while you are combing through your CFILE for additional records in support of your issues, including headaches in service, file those claims. There is a specific type of Vertigo that is associated to Migraines which you may have and it looks like they failed to help you find out or even mention.

There are in all about 12 types of vertigo, and the one associated to migraines is "with or without" onset of a migraine. meaning your head may not hurt but the world swims around you. If you get nauseous with the dizziness this version may be their starting point.

I just had another VNG, and I don't wish it on anyone, but it is the VA's definitive test that your vestibular system works right but your Hearing loss, Tinnitus and Dizziness/Vertigo is in your brain not your ears. The VNG amounts to being water boarded through the ears after they spin you around for 40 minutes with flashing lights and other moving light tests done in a completely blacked out booth with blinders on.

Vertigo w/ hearing loss and tinnitus can be rated as Meniere's if that is the highest possible rating. The max on Meniere's is 100% depending on if you have the "drunk walk" and how often. look up the dbq.

that is where I suggest you start. I will dig in when I have more time.

 

[MAC64]

On 8/28/2019 at 6:49 PM, GeekySquid said:

okay Mac64, looks like you have about 8 lbs of crazy crap going on here.

Not 100% sure you have a clear CUE for migraines, again I have to dig deep into what you posted. I do see potential 4.6 violations and if @Berta has the time to review your stuff and says you do, I would trust her opinion and follow her recommendations.

@Berta

 

 

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