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Panther8151

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I am currently diagnosed with Major depressive disorder and anxiety disorder, but not currently service connected for them. In 2002 I suffered a head injury on a training exercise and received stitches above my hairline. I was briefly knocked unconscious. I was honorably discharged in 2004. I have been seeing the VA mental health doc for the last three years or so and taking medication for my anxiety and depression. If I file a claim, could I get service connection for the head injury and link it my mental health issues? or possibly PTSD? I have had mental health issues for years. 

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Well, that depends. If its ruled a TBI it can have all sorts of cognitive effects, some more or less profound than others, but if you can point to the physical incident where it occurred I wouldn't waste time trying to go Secondary because the chance is high that your MDD/PTSD are masking each other and have nothing to do with the head injury.  I would file for the head injury based on your STRs and let the doc sort out if the mental stuff is connected or not. For a TBI claim there is usually a cognitive exam of some kind, anyway so you can bring up the MH stuff and if its in your records, all the better. 

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Yes.  If you have an injury due to service you should be SC for it, "unless" you dont meet the eligibility requirements, such as the character of discharge.  Since you have an honorable, you should be good to go, unless you did not serve long enough to meet eligibility requirements, such as you were in the national guard, and did not serve long enough to meet the minimums.  

I recommend you apply, a local VSO should be able to help.  

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Update..Well I got a decision back on my “Residuals from Head Trauma” and was denied. Even though it is in my service medical record. My claim for “headaches and MDD/Anxiety disorders got deferred. 
So how would i get SC for the head trauma? Even I if don’t meet the “Residuals” criteria.

Thoughts on the head trauma and the deferment of the others?

 

Edited by Panther8151
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What did they said about what it was deferred too? Another examination or C and P request. I know its a pain doing their work but gather everything you have from the. Incident hospital records and look for an IMO show the doc the records the VA refuses to look at, you can reopen the claim based on the new evidence you provide. You can be SC for migraines and or the concussion (mild tbi) but they wont SC for anxiety disorder and the head injury and headaches.. I know sounds wrong but its what they do, since its a condition of the injury. But watch out they arent stupid because they know if they defer the mental issues and deny the more permanent one theres a chance for improvement in mental issues and possibly a chance to reduce your award later down the road. As for deferring the migraines as well, not sure how the examination is going to dx the head injury as the cause of your headaches but sorry I missed read to much into this. What does your decision letter state verbatim? 

Edited by jfrei
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