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TBI and Pyramiding

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SameOldSong

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I had a fall in the military that resulted in a C2 cervical spinal fracture. Years later, after complaining of headaches for 30 years, an MRI showed that the C2 dens is still broken and flexes a bit too much.  I have a rating for headaches and tinnitus, and in the process of the evaluation for my vertigo a brain lesion was found on my temporal lobe near my sinuses that looks like trauma damage. The lesion hasn't been seen before because this is one of the first MRIs that I've done with a contrast.

The neurologists think this is related to the C2 fracture nonunion as the vertigo has been a constant element for 30 years also. It's still in evaluation. But, if they pin this on that lesion, I'm wondering if it will reduce my 50% headaches and 10% tinnitus down to 40% TBI subjective symptom residual based on pyramiding.

Does anyone have any experience with this that they could share? 

(One of my military friends was diagnosed with "fibromyalgia" from his Iraqi combat. It started after his Humvee hit an IED and rolled while everyone was wearing 70 lbs of armor and gear. The VA has capped him at 40% despite massive headaches and other residuals that combined could rate higher as part of fibromyalgia symptoms.  He's been fighting it for 15 years now.)

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In order to reduce VA must prove that your condition has improved. Keep taking your meds. and keep going to treatment.

As to your friend invite him to come to Hadit.com where he can get advice on his disabilities.  Also, fibromyalgia is like a catch all but the symptoms can be evaluated and rated separately.

 

My intentions are to help, my advice maybe wrong, be your own advocate and know what is in your C-File and the 38 CFR that governs your disabilities and conditions.

Do your own homework. No one knows the veteran’s symptoms like the veteran. Never Give Up.

I do not give my consent for anyone to view my personal VA records.

 

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SameOldSong

You might want to check out all your diagnostic codes, as if they are different , then its not pyramiding.

 

Check out this link Esteban vs Brown

https://www.knowva.ebenefits.va.gov/system/templates/selfservice/va_ssnew/help/customer/locale/en-US/portal/554400000001018/content/554400000066775/Esteban-v.-Brown

I am not an Attorney or VSO, any advice I provide is not to be construed as legal advice, therefore not to be held out for liable BUCK!!!

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They probably won't reduce your migraines.  Those are secondary to your TBI.  But who knows when it comes to VA.  I have 70% tbi, 10% migraines.  They combined TBI with my PTSD for 100% P&T.  

40% is max for Fibro.  Basically it's a widespread body pain rating that your friend has.  Usually when they can't find what's causing the pain.  He needs to look into TBI.  It is not an easy fight with the VA.  I had an outside Dr. and Psyc. Dr. diagnose me.  Then I proceeded to have 3 different C&P for it (long crazy ones).  It's tough because they were trying to differentiate TBI & PTSD symptoms.  I got denied CFS because of TBI/PTSD symptoms, which makes sense.

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Thank you all for your answers.  Is it even possible to be rated for a TBI from a fall that happened in 1986?  I have hospital records that show that I was unconscious when found and from the records, I was probably out for about 30 minutes.

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Yes.  It would help if you had an MD diagnose it though.  I hired one for all my issues.  Then I hired a psyc Dr. to verify the Md's diagnosis and do an additional DBQ.  The VA then proceeded to do a total of 3 C&P's for it.  The first QTC psyc Dr. agreed with both outside medical opinions.  The additional C&P's were just for clarification I assume.  I'm still waiting to get the C&P's I asked for 6 months ago.

My TBI was from a training accident which knocked me out.  It's in my medical records.  But now mention of being knocked out.  I think your records are better than mine, stating you we're knocked out.  

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I feel your pain but it won’t be pyramiding you can have three disabilities tied in with your TBI rated rated separately as is my case.  I have tinnitus at 10%, lightheadedness and dizziness(vertigo 30%), migraines at 50%, and 100% for my TBI and list they combined my TBI and PTSD even though my sTBI was 3 years before my first deployment to Afghanistan.  I’m happy with what I’m getting so I’m done fighting for more. But when I was granted Unemployable at 70% Just for my TBI I refused to take well it’s permanent and total but since it wasn’t scheduler my family 1 year old and 3 year old with wife wouldn’t get at least Champva to help with medical during the Obamacare years....if it’s to forthcoming I’d say private message me your exam. I’ll tell you if you should file for an increase I’ve only appealed once took 6 years, before I noticed why not file for an increase get exam within 30-60 days whatever it is and bring my evidence into The exam. Which I would have took to an appeal instead but to the doctor let him make his conclusions very weighty.  I’m only 34 with two kids and a wife, I’ve been P and T for just 4 years and just had my review and found nothing new that will change my rating. I have no idea with the current speed of appeals but if your not Worried about backpay just file an Increase if it’s TBI related they will look at Everything so don’t fret. They did it to me 2 to 3 times for each of my 8 ratings in 2 years.

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