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TBI Claim - Do it or no?

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Foxhound6

Question

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 by Foxhound6

         100% IU + P&T (90% Overall)

  • 10% Left Knee Strain, Instability, Internal Derangement to include Shin Splint
    • 70% Depressive Disorder due to another medical condition, with major depressive-like episode with anxious distress
    • 40% Degenerative Spondylosis, Thoracolumbar Spine with Degenerative Disc Disease (Previously rated as Degenerative Disc Disease with Arthritis, Lumbar Spine)
    • 10% Radiculopathy - Lower Left Extremity - Sciatic
    • 10% Radiculopathy - Lower Right Extremity - Sciatic
    • 10% Left Knee Limitation of Flexion - Lower Left Extremity

_________________________________________________________

B.S. Criminal Justice Administration, University of Phoenix, 2015

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3 hours ago, jfrei said:

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....

Jfrei

Thanks for the info..aside from someone almost flat out saying I was bullshitting regarding the TBI thing, most have been helpful with it. Ill shoot you an email with full details at some point soon. Thanks for replying!

         100% IU + P&T (90% Overall)

  • 10% Left Knee Strain, Instability, Internal Derangement to include Shin Splint
    • 70% Depressive Disorder due to another medical condition, with major depressive-like episode with anxious distress
    • 40% Degenerative Spondylosis, Thoracolumbar Spine with Degenerative Disc Disease (Previously rated as Degenerative Disc Disease with Arthritis, Lumbar Spine)
    • 10% Radiculopathy - Lower Left Extremity - Sciatic
    • 10% Radiculopathy - Lower Right Extremity - Sciatic
    • 10% Left Knee Limitation of Flexion - Lower Left Extremity

_________________________________________________________

B.S. Criminal Justice Administration, University of Phoenix, 2015

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My opinion on your matter is to claim it. Tbi can cause serious health issues later on. I am in the same boat as others as the va has held up my claim for a very long time trying to seperate tbi and ptsd.  Examiners had do opinions which one was wrong and had to be redone. Then ptsd examiner had to give her opinion. I think they are going to end up combining them. I think it does depend on your situation but in my personal opinion I would.

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5 minutes ago, Phild523 said:

My opinion on your matter is to claim it. Tbi can cause serious health issues later on. I am in the same boat as others as the va has held up my claim for a very long time trying to seperate tbi and ptsd.  Examiners had do opinions which one was wrong and had to be redone. Then ptsd examiner had to give her opinion. I think they are going to end up combining them. I think it does depend on your situation but in my personal opinion I would.

Thanks Phild523. I managed to get my primary care to refer me out to Neurology. I have an appointment with Neuro on the 2nd of DEC. Hopefully, I will see if there was anything done damage wise via imaging of some sort. If nothing is shown, I may not bother with it.

 

         100% IU + P&T (90% Overall)

  • 10% Left Knee Strain, Instability, Internal Derangement to include Shin Splint
    • 70% Depressive Disorder due to another medical condition, with major depressive-like episode with anxious distress
    • 40% Degenerative Spondylosis, Thoracolumbar Spine with Degenerative Disc Disease (Previously rated as Degenerative Disc Disease with Arthritis, Lumbar Spine)
    • 10% Radiculopathy - Lower Left Extremity - Sciatic
    • 10% Radiculopathy - Lower Right Extremity - Sciatic
    • 10% Left Knee Limitation of Flexion - Lower Left Extremity

_________________________________________________________

B.S. Criminal Justice Administration, University of Phoenix, 2015

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Foxhound, do you have any health records in conjunction with being unconciousness?  Usually that leads to headaches and other unsundry issues.  Did you go to sickcall for headaches following the injury?  These are several of the questions that I have.  Any health records you have might bolster your claim.

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1 hour ago, vetquest said:

Foxhound, do you have any health records in conjunction with being unconciousness?  Usually that leads to headaches and other unsundry issues.  Did you go to sickcall for headaches following the injury?  These are several of the questions that I have.  Any health records you have might bolster your claim.

Nope. None. I left country a few months later and finished remainder of contract under Reserves umbrella...the only evidence I have is anything Neuro will find next week and the buddy statements of the event. I have "symptoms" of it however, without proof, it is indistinguishable from many of my anxiety/depressive issues. I was also diagnosed with Bipolar about 2-3 years out of Active. No one in my family has that as far as I know. Lots of coincidences for now. When I went to my C&P for MH, the Psych doc noticed the statements in my C-File regarding this issue. She raised an eyebrow herself and mentioned I should get that looked into as many symptoms cross over as similar.

 

Edited by Foxhound6

         100% IU + P&T (90% Overall)

  • 10% Left Knee Strain, Instability, Internal Derangement to include Shin Splint
    • 70% Depressive Disorder due to another medical condition, with major depressive-like episode with anxious distress
    • 40% Degenerative Spondylosis, Thoracolumbar Spine with Degenerative Disc Disease (Previously rated as Degenerative Disc Disease with Arthritis, Lumbar Spine)
    • 10% Radiculopathy - Lower Left Extremity - Sciatic
    • 10% Radiculopathy - Lower Right Extremity - Sciatic
    • 10% Left Knee Limitation of Flexion - Lower Left Extremity

_________________________________________________________

B.S. Criminal Justice Administration, University of Phoenix, 2015

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