Jump to content


  • veteranscrisisline-badge-chat-1.gif

  • Advertisemnt

  • Trouble Remembering? This helped me.

    I have memory problems and as some of you may know I highly recommend Evernote and have for years. Though I've found that writing helps me remember more. I ran across Tom's videos on youtube, I'm a bit geeky and I also use an IPad so if you take notes on your IPad or you are thinking of going paperless check it out. I'm really happy with it, I use it with a program called Noteshelf 2.

    Click here to purchase your digital journal. HadIt.com receives a commission on each purchase.

  • 14 Questions about VA Disability Compensation Benefits Claims

    questions-001@3x.png

    When a Veteran starts considering whether or not to file a VA Disability Claim, there are a lot of questions that he or she tends to ask. Over the last 10 years, the following are the 14 most common basic questions I am asked about ...
    Continue Reading
     
  • Ads

  • Most Common VA Disabilities Claimed for Compensation:   

    tinnitus-005.pngptsd-005.pnglumbosacral-005.pngscars-005.pnglimitation-flexion-knee-005.pngdiabetes-005.pnglimitation-motion-ankle-005.pngparalysis-005.pngdegenerative-arthitis-spine-005.pngtbi-traumatic-brain-injury-005.png

  • Advertisemnt

  • VA Watchdog

  • Advertisemnt

  • Ads

  • Can a 100 percent Disabled Veteran Work and Earn an Income?

    employment 2.jpeg

    You’ve just been rated 100% disabled by the Veterans Affairs. After the excitement of finally having the rating you deserve wears off, you start asking questions. One of the first questions that you might ask is this: It’s a legitimate question – rare is the Veteran that finds themselves sitting on the couch eating bon-bons … Continue reading

  • 0
awgv001

Historical TBI eval (not a C&P!)

Question

I thought this might interest you, for those of you familiar with my history of posts and claims questions.

Short note - this was the TBI eval I had done a few years ago - before I was denied in part for not having a "conclusive diagnosis" for TBI. --- Might this be why I never had a C&P ordered for me? Certain portions have been redacted for privacy, and to remove some "No" answers to shorten the read or when information doesn't contribute to the claim.

Thoughts???


4 How many serious OEF/OIF deployment related injuries have occurred?
One
6 Did you lose consciousness immediately after any of these experiences?
Yes, one episode
6-A If yes, estimate the duration of longest period of loss of consciousness.
Less than 6 hours
7 Did you have a period of disorientation or confusion immediately following the incident?
Yes, one episode
7-A If yes, estimate the duration of longest period of disorientation or
confusion.
Up to 1 month
8 Did you experience a period of memory loss immediately before or after the
incident?
Yes, one episode
8-A If yes, estimate the duration of longest period of memory loss (Post
Traumatic Amnesia (PTA)).
More than 3 months

10 Were you wearing a helmet at the time of most serious injury?
No
11 Were you evacuated from theatre?
No
12 Prior to this evaluation, had you received any professional treatment
(including medications) for your deployment related TBI symptoms?
No (Work in progress to correct this)
13 Since the time of your deployment related injury/injuries, has anyone told
you that you were acting differently?
Yes


Symptoms
16. Please rate the following symptoms with regard to how they have
affected
you over the last 30 days. Use the following scale (Neurobehavioral Symptom
Inventory):
None 0 - Rarely if ever present not a problem at all.
Mild 1 - Occasionally present but it does not disrupt activities, I can
usually
continue what I am doing; does not really concern me.
Moderate 2 - Often present, occasionally disrupts my activities; I can
usually
continue what I am doing with some effort; I am somewhat concerned.

Severe 3 - Frequently present and disrupts activities; I can only do
things
that are fairly simple or take little effort; I feel like I need help.
Very Severe 4 - Almost always present and I have been unable to perform
at
work, school, or home due to this problem; I probably cannot function without
help.
16-A Feeling dizzy: None
16-B Loss of balance: None
16-C Poor coordination, clumsy: None
16-D Headaches: Very Severe
16-E Nausea: Mild
16-F Vision problems, blurring, trouble seeing: Very Severe
16-G Sensitivity to light: Severe
16-H Hearing difficulty: Severe
16-I Sensitivity to noise: Mild
16-J Numbness or tingling in parts of my body: Severe
16-K Change in ability to taste and/or smell: None
16-L Loss of appetite or increase appetite: None
16-M Poor concentration, can't pay attention: Very Severe
16-N Forgetfulness, can't remember things: Very Severe
16-O Difficulty making decisions: Moderate
16-P Slowed thinking, difficulty getting organized, can't finish things:
Severe
16-Q Fatigue, loss of energy, getting tired easily: Moderate
16-R Difficulty falling or staying asleep: Very Severe
16-S Feeling anxious or tense: Very Severe
16-T Feeling depressed or sad: Severe
16-U Irritability, easily annoyed: Very Severe
16-V Poor frustration tolerance, feeling easily overwhelmed by things:

Very
Severe
17 Overall, in the last 30 days how much did these difficulties (symptoms)
interfere with your life?
Extremely
17-A In what areas of your life are you having difficulties because of these
symptoms?
work relationships, difficulty remembering tasks and many daily events
18 In the last 30 days, have you had any problems with pain?
Yes
18-A Location of pain: (Check all that apply)
Head/headaches
18-B In the last 30 days, how much did pain interfere with your life?
Extremely
18-C In what areas of your life are you having difficulties because of pain?
headaches that are incapacitating twice per week
19 Since the time of your deployment related injury/injuries, are your overall
symptoms:
Worse
20 Additional history of present illness, social history, functional history,
patient goals, and other relevant information.
---REDACTED---Notes that the back pain and headaches cause him difficulty at work. Has to stop and rest that
causes him trouble at work.
21 Current medications:
---REDACTED--- Total of 5
22 Physical Examination:
---REDACTED--- Straight leg raise positive
on the right with radiation ot the knee, and positive for pain in the left
without radiation. Negative SI maneuvers on the left but positive on the right.
Notes pins and needles in the feet bilaterally.
23 Psychiatric Symptoms:
Yes

23-A If yes or suspected/probable, symptoms of which disorders?
Depression
PTSD
Anxiety disorder (other than PTSD)
24 SCI: (Is this "Spinal Cord Injury"?)
No
25 Amputation:
None
26 Other significant medical conditions/problems:
Yes
27 Based on the history of the injury and the course of clinical symptoms, did
the Veteran sustain a TBI during OEF/OIF deployment?
Yes
28 In your clinical judgment the current clinical symptom presentation is most
consistent with:
A combination of OEF/OIF deployment related TBI and Behavioral Health
condition(s)

Share this post


Link to post
Share on other sites

Recommended Posts

  • 0
8 hours ago, Richard1954 said:

My personal experience concerning  TBi and the C/P for a TBI....  I suffered a TBI in 1975, I was thrown from a moving jeep injuring my back and hitting the left side of my head on the pavement.. I was unconscious for 3 days in the Hospital. When i woke up  I had severe pain in my back and headache with blurred vision and reduced hearing. Like an Idiot ( well maybe not since in 1974 Concussion  was not called a TBI)  I did not make a claim until 2018. I went to the C/P at the Local VA, I was shown some pictures that were hand drawn and asked to remember them, a minute later I was asked to draw the same pictures, I could not remember the pictures., I was asked specific questions about memory and I told the doctor, I do not remember names or groups of numbers like phone numbers ( I have to write my own phone number down). I also do not remember anything about the accident except what I was told after I woke up. I only remember what was going on before the accident, but I do not know how I ended up on the pavement or how I was injured. Later much later,  many years after my retirement I had head scans done due to headache and not being able to remember names or numbers.... I was found to have brain damage on the left frontal lobe.  Later still when I had to have eye surgery due to steroid use for my lung condition my left eye, was found to have been damaged , torn  zonules , which hold the eye lens in place. . The doctors determined that in all likely hood the zonules were damaged when I hit  my head on the pavement. And doctors also suspect that it was this same accident that caused my hearing loss.  Anyway.... after answering some questions, and trying to recall pictures or write things I had been shown.. I ended up with a 40% rating... and it was determined that I had had a serious TBI based on all the damage to my body, but more important the memory loss and being knocked out for 3 days.. I did have all active duty medical records that proved the injury.  It is important to know that the more serious the injury   may result in presumptive service connection down the road for things like Parkinson disease ... Anyway.. my point was that the C/P exam as easy... To this day I cannot remember my phone number or names of new people I meet..... 

Thanks Richard! Yeah, I just got another referral back out to neuro - thanks to my pcp - idk when yet, but anything that develops from this round will help bolster my claim i'm sure, cause otherwise I only have the workups done in 2016 to go with, and for whatever reason, the VA wrote in the denial that it was an "inconclusive diagnosis"....I asked the doctor about it and showed him the statement my (2016) neuro wrote, and he was just like....."It's spelled out right here" "Tbi due to trauma in service" -- so none of us know as to what the va is talking about, but its a claim sitting at the bva anyways so I'm not too concerned...once it gets up to that level with the information I have, I hope someone calls the rater and asks them what the hell they were thinking when they wrote their own opinion in the denial based on an older letter, and threw out the diagnosis from my most recent neuro without at LEAST giving benefit of the doubt since one neuro says yes, and the other says no. ---Note on this - it wasn't "actually" a "NO tbi" from the first neuro - what happened was that he wasn't actually evaluating me for a TBI, but for the migraines...so he recorded the episode of syncope, but not the fall. That one slip of details has cost me 8 years of headaches so far, at least until I reach bva.

That being said, when I did the workups with the neuro, they never had me do memory tests or anything of the sort, they just filled out an evaluation sheet and asked me several questions, and prescribed a med for my migraines that "takes the edge off" unlike standard ibuprofen.

I still have not had a C&P for TBI even since those workups over 4 years ago now, and after turning in statements and other evidence...they are planning on giving me a new MRI/CT....

I don't have the active duty records - all I have in regard to that is several witness statements from people who were serving with me and saw it happen ---- except for the things they consider secondary to the tbi, as I did not report the head trauma, but came out with tinnitus, visual changes (possibly diplopia), severe migraines, and memory loss.

Not sure how to tie those in, because when speaking to my doctor he was like "migraines and tinnitus have a wide variety of sources they could arise from" - in a way, I feel like he was helping me prepare my future arguments....I'm not a doctor, so it's up to them to opine that these other contentions are "more likely than not" secondary to the tbi in the first place....yikes.

I forget names, I recently picked up a high school yearbook, and there's people in there I can't remember for the life of me, birthdays, appointments....I totally understand, if I didn't keep a little pocket book or small diary, I would get lost on what I was doing today. I've made it a pretty regular routine of combing through Hadit in the mornings and it seems to have stuck over the years, and I hope that it has helped others with some of my guidance...I know it has certainly helped me! (SC'd for PTSD thanks to hadit!) It's been a while since my last "success" but the ball has been rolling on some claims for years now.

Again, thanks for the feedback @Richard1954 - I wonder if a veteran can request a C&P for tbi somehow??? Maybe I just haven't spoken to the right person yet.

Edited by awgv001

Share this post


Link to post
Share on other sites
  • 0

Before I applied for TBI claim, I had two nexus (MD & Psyc) letters and one dbq (psyc) turned in.  Paid for out of pocket because I knew they would deny.  Got called in for 3 VA C&P TBI's.  First one took 2.5 hours with QTC.  It was at least as likely as not.  2nd C&P took 1.5 hrs, same thing, with additional symptoms (she wasn't amused VA sent me in again and was very helpful).  3rd C&P, the Dr. says he's the tie breaker.  Tie breaker for what Bro!.  It's four positive opinions already (one MD, one Psyc & two Neuropsycs).  Guess it went good.  I just got my rating approved for TBI at 70%.  They also increased my PTSD to 100%.  The combined both under the PTSD.  To many overlapping symptoms.

It's crazy what they put us through to get TBI approved.

Share this post


Link to post
Share on other sites
  • 0
17 minutes ago, El Train said:

Before I applied for TBI claim, I had two nexus (MD & Psyc) letters and one dbq (psyc) turned in.  Paid for out of pocket because I knew they would deny.  Got called in for 3 VA C&P TBI's.  First one took 2.5 hours with QTC.  It was at least as likely as not.  2nd C&P took 1.5 hrs, same thing, with additional symptoms (she wasn't amused VA sent me in again and was very helpful).  3rd C&P, the Dr. says he's the tie breaker.  Tie breaker for what Bro!.  It's four positive opinions already (one MD, one Psyc & two Neuropsycs).  Guess it went good.  I just got my rating approved for TBI at 70%.  They also increased my PTSD to 100%.  The combined both under the PTSD.  To many overlapping symptoms.

It's crazy what they put us through to get TBI approved.

Yeah @El Train, and it makes no sense sometimes to me how I have been denied repeatedly, even though I have a majority of the "regular" symptoms, and in service event/trauma...(as well as all other caluza elements) they rubber stamped a denial saying "You did not have a conclusive diagnosis of TBI"...Bull hockey!!

Again, I'm just glad to be getting another referral to a new neuro---something so hopefully I have another shot at a better explanation and a more detailed exam ---

I'd be more than happy to attend a C&P exam if they would finally issue one for me...

Interestingly enough, the workups for TBI that I did sound nothing like what @Richard1954 has had, so now I'm really confused as to what they have had me doing this whole time.

I had CT/MRI - and a couple of questionnaires, and a test of touching fingertips to my nose, but no memory tests, or pictures or anything like that....wth????

When did I join the circus???? 🤣🤣🤣

Share this post


Link to post
Share on other sites
  • 0
21 hours ago, awgv001 said:

Yeah @El Train, and it makes no sense sometimes to me how I have been denied repeatedly, even though I have a majority of the "regular" symptoms, and in service event/trauma...(as well as all other caluza elements) they rubber stamped a denial saying "You did not have a conclusive diagnosis of TBI"...Bull hockey!!

Again, I'm just glad to be getting another referral to a new neuro---something so hopefully I have another shot at a better explanation and a more detailed exam ---

I'd be more than happy to attend a C&P exam if they would finally issue one for me...

Interestingly enough, the workups for TBI that I did sound nothing like what @Richard1954 has had, so now I'm really confused as to what they have had me doing this whole time.

I had CT/MRI - and a couple of questionnaires, and a test of touching fingertips to my nose, but no memory tests, or pictures or anything like that....wth????

When did I join the circus???? 🤣🤣🤣

Good deal.  If you need, I have a Psyc Dr. that will tear any of your past C&P's to shreds.  He does C&P's for the VA and will work on behalf of vets too (for a cost of course, which is worth it).  He will separate and diagnose as well as increases for TBI/PTSD.  I will warn you however, the VA may not like this approach.  But ultimately, they have to take this evidence into consideration.

Share this post


Link to post
Share on other sites
  • 0

I wish it were that simple @El Train however, I never had a C&P to begin with for TBI - only referral (2016) to VA neuro who evaluated and diagnosed, and then the DRO rater shot it down as an "inconclusive diagnosis" but that's no longer important while my claim awaits the BVA as I will most likely get this new referral done and get further evaluation to help solidify my claim. I have evidence with a conclusive diagnosis, and a nexus for my back problems related to the TBI as well, or at least linked to service. The biggest hurdle has just been getting TBI SC'd, and no telling how long my wait will be for a hearing at BVA (April 2019 docket, does not qualify for expediting) so nearly at a year now. No big deal to me, like I said, I'm 100% certain that if they do their job right at the BVA there will be no issue moving forward. I'll be at the 100% mark, and potentially SMC (s) and/or CRSC as a future endeavor on dealing with the DoD side of things. Until then, we wait in line!

Has anyone ever had a back-dated diagnosis? I guess what I'm looking for is the diagnosis to be "when the injury occurred" since it is impact/trauma related, after all, that is precisely when the injury manifests, but not necessarily the symptoms. I think the new neuro referral may be able to shed more light on this...thankfully the M21-1 and correlation to secondary disabilities is a thing, or I believe there would be no chance to have my claim backdated as far as I believe it should go (When I claimed migraines, tinnitus, and visual changes that I was separated for) I'll have to bring that up at the appointment.

Unless something changes rather quickly I think I'll have it done before my hearing, and be able to get copies etc to come charging in with more substantial evidence.

Edited by awgv001

Share this post


Link to post
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.
Note: Your post will require moderator approval before it will be visible.

Guest
Answer this question...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.


  • Ads

  • Our picks

    • Enough has been said on this topic. This forum is not the proper forum for an attorney and former client to hash out their problems. Please take this offline
    • Peggy toll free 1000 last week, told me that, my claim or case BVA Granted is at the RO waiting on someone to sign off ,She said your in step 5 going into step 6 . That's good, right.?
      • 7 replies
    • I took a look at your documents and am trying to interpret what happened. A summary of what happened would have helped, but I hope I am interpreting your intentions correctly:


      2003 asthma denied because they said you didn't have 'chronic' asthma diagnosis


      2018 Asthma/COPD granted 30% effective Feb 2015 based on FEV-1 of 60% and inhalational anti-inflamatory medication.

      "...granted SC for your asthma with COPD w/dypsnea because your STRs show you were diagnosed with asthma during your military service in 1995.


      First, check the date of your 2018 award letter. If it is WITHIN one year, file a notice of disagreement about the effective date. 

      If it is AFTER one year, that means your claim has became final. If you would like to try to get an earlier effective date, then CUE or new and material evidence are possible avenues. 

       

      I assume your 2003 denial was due to not finding "chronic" or continued symptoms noted per 38 CFR 3.303(b). In 2013, the Federal Circuit court (Walker v. Shinseki) changed they way they use the term "chronic" and requires the VA to use 3.303(a) for anything not listed under 3.307 and 3.309. You probably had a nexus and benefit of the doubt on your side when you won SC.

      It might be possible for you to CUE the effective date back to 2003 or earlier. You'll need to familiarize yourself with the restrictions of CUE. It has to be based on the evidence in the record and laws in effect at the time the decision was made. Avoid trying to argue on how they weighed a decision, but instead focus on the evidence/laws to prove they were not followed or the evidence was never considered. It's an uphill fight. I would start by recommending you look carefully at your service treatment records and locate every instance where you reported breathing issues, asthma diagnosis, or respiratory treatment (albuterol, steroids, etc...). CUE is not easy and it helps to do your homework before you file.

      Another option would be to file for an increased rating, but to do that you would need to meet the criteria for 60%. If you don't meet criteria for a 60% rating, just ensure you still meet the criteria for 30% (using daily inhaled steroid inhalers is adequate) because they are likely to deny your request for increase. You could attempt to request an earlier effective date that way.

       

      Does this help?
    • Thanks for that. So do you have a specific answer or experience with it bouncing between the two?
    • Tinnitus comes in two forms: subjective and objective. In subjective tinnitus, only the sufferer will hear the ringing in their own ears. In objective tinnitus, the sound can be heard by a doctor who is examining the ear canals. Objective tinnitus is extremely rare, while subjective tinnitus is by far the most common form of the disorder.

      The sounds of tinnitus may vary with the person experiencing it. Some will hear a ringing, while others will hear a buzzing. At times people may hear a chirping or whistling sound. These sounds may be constant or intermittent. They may also vary in volume and are generally more obtrusive when the sufferer is in a quiet environment. Many tinnitus sufferers find their symptoms are at their worst when they’re trying to fall asleep.

      ...................Buck
        • Like
  • Ads

  • Popular Contributors

  • Ad

  • Latest News
×
×
  • Create New...

Important Information

{terms] and Guidelines