TBI Claim - Do it or no?

[Foxhound6]

So I have stumbled across the TBI section of the forums and am realizing my back claim, or at least the event I am claiming cause my back and neck problems, turned out to be a TBI event...Should I try to submit for a TBI claim or just ride out my back claim and see how they code it? The "new and relevant" evidence for my back are buddy and lay statements (it was initially denied due to no in service event).

One of the buddy statements from the person who knocked me out with an up-armor hatch, and the other buddy statement from a squad mate who helped pull me down from the vehicle when I was out cold. I have heard of the VA slapping additional claims or terms in with decisions. I am just curious if I should just file for the TBI with that evidence or not. I do have residuals I believe (have secondary claim in for depression and anxiety based on SC for knee, concentration issues, etc). I do not have any medical evidence except for the Depression and Anxiety diagnosis I have from my VA doc, the buddy statements and any other lay statements I can get. Thanks!

Edited November 8, 2019 by Foxhound6

[GBArmy]

Foxhound6

If you have a supplemental claim submitted you could add additional info to it, and you also can submit a new seperat claim as well. The VA is supposed to look at all of the evidence and to chose the disability rating that gives you the highest compensation. So what I am saying is if your potential TBI injury would result in a higher rating and it is the correct cause of your back and neck injuries, submit the new claim. You would claim back and neck as secondary. You may lose your submittal date on your claim, I don't know.Your additional potential claims for MH issues may come to light during your c&p exams. Like you stated, the VA does roll some of these in sometimes. If not, you can file additional claims later.IMO. Others may have a different opinion.

[broncovet]

File if you think you deserve it.  Sooner as opposed to later.  Yes, those buddy statements should help, but they are only "one element" of 3 Caluza elements:

1.  You need a current diagnosis of TBI.  

2.  You need an "in service" event, and your buddie letter can help document that. 

3.  You need a doctor to opinie your TBI is "at least as likely as not" related to the hit on the head in service.  

    I have no idea if you can get all 3 of these, I do know you wont get compensation until you do.  

[jfrei]

File for it, get a new exam an independent medical exam from a reliable Dr. You can find on here so you have recent evidence of your TBI and current well-being. Which is what I did and I went from 90% Unemployable P and T to what I should have been which is now 100% P and T rated from the start. But that’s not as big as jump in pay but helps with my families wellbeing.

[Richard1954]

I was rated for a TBI from an in service injury in 2016... the injury happened in 1975.... I did have the active duty medical records and more recent CT scans and xrays that showed Encephalomalacia to the left frontal pole ...  this was all I really needed for a 40% rating....  In addition , my neck, back and possibly my left eye was damaged in the same incident.  so my medical records were quite specific... I never requested a rating for my neck, but I do have a 60% rating on my back and 60% rating on my eye that was just increased from 30%. 

It sounds like you do not have the medical records concerning the TBI.... so my next question did this happen in the War theater .... if so you may not need the medical records.....

I would recommend you request a examination to include CT or x-rays.... before you submit a claim. if you have an injury to the brain and have permanent damage  the CT and x-rays will confirm it , and this would go a long way to help you prove your claim,  along with your buddy statements, and a doctors opinion..... 

I can tell you that if you can show a TBI injury ... and residuals of such injury  the actual c/p exam is perhaps one of the easier exams because the exam only consist of oral questions and your oral answers. Anything under a 40% rating is considered a low ball rating....

 

Best of luck

 

[Foxhound6]

GBArmy, Broncovet, and Jfrei

Thanks for the replies! I had assumed as much. Being on this forum has opened a lot of different doors in my memory; like an information overload lol. However, I am tracking the process. The TBI, based on my reading, seems to clear a lot of "odd" things I have noticed with myself over the last several years..The depression and anxiety, the ease of becoming very irritable, high sensitivity to loud noises, all odd things I never had a problem with before the event and now thinking about it, it all makes much more sense. Ill do some more research and probably add that to my problem list with this Medici Operation 11/11 event. See where it goes with the VA.

 

Thanks again for the replies everyone.

[jfrei]

It’s gong to be a long rabbit hole but you will come out my started in 2010 didn’t finish until 2016. I had many other self damages which prolong this but listen here and you won’t make the same mistakes I made. If you have a recent diagnosis or an old one gather everything about the instance. If old I would recommend hiring a doctor for a independent medical opinion before you file. If you filed already better get on that IMO. Seems like a high cost when you start asking for one I didn’t have one resulted in 4 tbi reviews and then 3 ptsd exams. They couldnt separate the issues I spent years of wasted time fighting for two ratings but now I just don’t give a F I’m 100% P and T how ever they want to call it whatever. Don’t get all caught up in the SMC game money wishing if you rate something like that I’d know about it or you would. I’m content with SMC S and if I ever get worse with my memory I’ll file for T but I’m caring for two children could always use money for them but I’m not so crazy I need a caregiver lol well just don’t ask my wife who works part time due to my health concerns but she doesn’t need to bath me or wipe my ass so then there’s that. I can walk you through the hole rabbit hole and VA bullshit I’m sorry everyone I’ve been away from had-it popping on here maybe twice a month kids got me going bonkers. Not sure but ask for my personal email in a message since I can’t post it for people that need help with a TBI claim shoot me an email I respond way the quickest . As you can see I run around in the rabbit hole allot get lost and start rambling on here. Back on topic so now you have the diagnosis you need to figure out if a LOD was one of so what was the outcome. If it’s was in the line of duty get the paperwork as evidence they are going to check everything about the issue whether they need to or not. Trust me they will do their own LOD even if you have one, don’t wait 5 years after a decision like me causing me to file CUE claims which a win like mine are few and far in between. If you don’t have LOD they will do one based on everything they dig up, was it willful misconduct or not, was anyone reprimanded during this so called examples of being knocked out, why did anyone get NJP or not. But you were cleared to go back to duty by a doctor or not, I’m sure or not little details like that can be missed. Not sure exactly where the issues happened here or abroad need more info to help out with the rest of the claim. Yes buddy statements are ok but doctor opinions are way more solid evidence to use. And yes it it’s kinda costly for doctor opinions but it does payoff with a finished claim in under 3 years give or take however new claims are moving even faster these days I haven’t filed for anything new since early 2016. So after you skim this book I wrote send me details about the claim like when who what where’s and why?? I have allot more stuff to tell you just wait to file unless you can get all this stuff quickly go Ahead and upload it all on the VA.gov website does save allot of time if you don’t have access to your RO with a fax unlike me I live 7 miles away so I pick and choice what I want faxed or uploaded in va.gov. The madness of the VA claims has drove me mad and anxious but I’m still breathing so I guess why I’m here helping out have a nice day....

Edited November 17, 2019 by jfrei