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hadit.com Veterans Forum > By VA Disability Condition > TBI Traumatic Brain Injury
jesse(ss)
About five years ago while underway I had a backwards fall and landed my head on steel door lip.

I got an awesome scar across the back of my head and about ten staples to close up the gash.

I was medivac of the boat, not because of the head injury but because I had neck pain.

The first year after my injury was absolutely horrible and my Docs attitude towards my complaints and request for treatment was at best apathetic. (not looking for sympathy just illustrating that I received no follow up care) I never even heard of the term TBI until a few months ago.

In 2005 I separated (HON) and went to see a DAV rep for help with filling a claim. The VSO advised me that it would not be good thing to have a rating while pursuing a career in law enforcement and that I could file the claim at a later date. Obviously I took his advice, and I even kind of guessed on my own it would not be a good idea to seek treatment from my personal physician lest it be documented.

Im not criticizing the VSO, he didnt pressure me not to file the claim.

Fast forward to today, with the prodding of a fellow vet and being fed up with the ailments that are still present I have decided to file a claim. (Well maybe not)

Currently I have these symptoms they are in order of "most annoying" i.e. driving me nuts. Everything has pretty much been stabilized for past 2 ˝ years

Insomnia (almost every night)

Headaches (wake up with massive ones 3-5 times a month) + dull ones all the time

Tinnitus (both ears comes and goes daily sometimes it actually hurts(I don't know if anyone has ever heard of painful tinnitus?))

Memory- try selling a car to someone whose name you can't remember (I can't remember all the things I can't remember)

Concentrating + Learning things for work (It's like I forget what I'm doing)

Scar and back of my head still somewhat painful. (I think I remember my chief nicknaming me divot but, I don't trust my memory anymore I could be imagining that.)

So anyway, as I mentioned I did not receive follow up care and I'm pretty sure that my CoremaN didn't document very much (before separating I got my hands on my med rec., wasn't very thick), the only thing I am sure of is that on my separation medical I listed the accident, headaches and some of the other incidentals too.

My question is, (drum roll) without any further documentation/ treatment is my claim doomed? I would almost rather not pursue this, than to have a 10% rating and bottle of Motrin thrown at me. Not worth my time or the insult to injury and stigma of a tbi. From reading these boards I am worried that by the end of the claim process I will have to add anger issues to the form.

john999
Your VSO showed negligence in telling you not to file a claim. If you had filed a claim within one year it would have been treated as being in the presumptive period. Now you have to prove that your current problems are related to the head and neck injury after 2.5 years have passed since you were discharged. You should be able to do this, but it will be harder. I don't think your claim is doomed, but it makes it harder since you did not get continual care since discharge, and no follow-up. I would file now. You need to get a doctor to look over your medical records, and state that your present symptoms are, in his opinion, the result of your injury in service. Even if you got 0% rating it is very important that you get your injury service connected now. What will your condition be in 20 years? If you wait it will be ten times as hard to prove your claim. The longer you wait the more chance for some intervening injury to occur that the VA will use to deny your claim. If you have a traffic accident and bump your head the VA will probably say that is the cause of your problems. Injuries tend to get worse over time just due to age. What is a pain in the ass now could become incapacitating 20 years from now. File the claim, and get into treatment at the VA right away.
Pete53
First of all welcome to Hadit.

As to your question your claim will need development. Since the injury was documented in your records you need to prove that it has gotten worse for you. The only way that you will develop this claim is to make it.

Good Luck
mags1023
QUOTE (jesse(ss) @ Jan 3 2009, 03:07 PM) *
About five years ago while underway I had a backwards fall and landed my head on steel door lip.

I got an awesome scar across the back of my head and about ten staples to close up the gash.

I was medivac of the boat, not because of the head injury but because I had neck pain.

The first year after my injury was absolutely horrible and my Docs attitude towards my complaints and request for treatment was at best apathetic. (not looking for sympathy just illustrating that I received no follow up care) I never even heard of the term TBI until a few months ago.

[/size]In 2005 I separated (HON) and went to see a DAV rep for help with filling a claim. The VSO advised me that it would not be good thing to have a rating while pursuing a career in law enforcement and that I could file the claim at a later date. Obviously I took his advice, and I even kind of guessed on my own it would not be a good idea to seek treatment from my personal physician lest it be documented.

Im not criticizing the VSO, he didnt pressure me not to file the claim.

Fast forward to today, with the prodding of a fellow vet and being fed up with the ailments that are still present I have decided to file a claim. (Well maybe not)

[size="3"]Currently I have these symptoms they are in order of "most annoying" i.e. driving me nuts. Everything has pretty much been stabilized for past 2 ˝ years


Insomnia (almost every night)

Headaches (wake up with massive ones 3-5 times a month) + dull ones all the time

Tinnitus (both ears comes and goes daily sometimes it actually hurts(I don't know if anyone has ever heard of painful tinnitus?))

Memory- try selling a car to someone whose name you can't remember (I can't remember all the things I can't remember)

Concentrating + Learning things for work (It's like I forget what I'm doing)

Scar and back of my head still somewhat painful. (I think I remember my chief nicknaming me divot but, I don't trust my memory anymore I could be imagining that.)

So anyway, as I mentioned I did not receive follow up care and I'm pretty sure that my CoremaN didn't document very much (before separating I got my hands on my med rec., wasn't very thick), the only thing I am sure of is that on my separation medical I listed the accident, headaches and some of the other incidentals too.

My question is, (drum roll) without any further documentation/ treatment is my claim doomed? I would almost rather not pursue this, than to have a 10% rating and bottle of Motrin thrown at me. Not worth my time or the insult to injury and stigma of a tbi. From reading these boards I am worried that by the end of the claim process I will have to add anger issues to the form.

Hey Shipmate:
Welcome to Hadit. If the conditions you state are on your retirement physical and you have record of it in your SMRs, you should be able to get your conditions service connected. Sounds like you did get bad advice, but doesn't sound like you were very proactive. 10% for unmarried without child is $123. Nothing to really sneeze at. Headaches, tender scar depending on size, tinnitus (what was your rate?) If you worked on a flight deck or around jets/noise, tinnitus is easy to prove. You need to do a lot on your own and coming to Hadit was you first good move. I would say you are looking at something around 30% without even seeing all of the particulars. You can search the appeals cases and the 38 CFR part 4 VA rating instructions for different conditions you think you might have. Good luck!
timetowinarace
Welcome to Hadit.

John gave a very good answer. It can be very important to get SC now for future developments. As a TBI sufferer, I can tell you I have had my symptoms get worse over time.

Pete is also correct. If you have in service records of a head injury, a claim will need to be developed. This means geting a diagnoses and likely cause for the condition.

You may want to read this http://tbiguide.com/. It may give you insight about your symtoms.

Your claim is not doomed, you can still get the medical evidence needed. A 0% rating and bottle of motrin could help you considerably in the future. As for the stigma, I am the way I am with or without a diagnoses and the only people that know of it are the ones I tell. The claims proccess is not fun but neither is picking dog doo off the lawn. It sure beats stepping in it though.
jesse(ss)
I want to thank all who replied

Good info, I do want to clarify what I meant by "stigma" I was using it in regards to hiring and medical standards of L.E. Outfits. I "think"
I would not be cleared to hire if they know I have been diagnosed with tbi versus, oh you hit your head but there are no continuing problems. I know that because of the problems I have work is more difficult but it is not impossible. Many employers (the type who are allowed to ask about medical stuuf) would rather just not risk it, because they are exempt from Ada to an extent. As for the tinnitus, I first experienced on the plane from "a" school to sub school then more frequently after spending more time under water then daily after head injury. UMO doctor told me that my ears were just more sensitive to pressure than others. Any way thanks for the advice.
julzs71
I am seeking tbi rating from the va. I went to the poly-trauma team. The neurologist stated that I have Memory loss, ringing in the ear, organization, loss of words, concentration, and some others due to the fact of a head injury while serving in the military. That was 16 years ago that I got out. As long as they can tie it to service connection then the va rep said it should be a no brainer. You just have to have a doctor say most likely.
carlie
julzs,
Welcome to Hadit.
Please start a new thread for your topic.
Also, the doctor really only needs to write "as likely as not",
"most likely" is better - but "as likely" is OK and can help bring in the
Benefit of the Doubt rule.


jesse (ss),
Welcome to Hadit.
Looks like you have a few different conditions of concern.
I will put links for your research.

Headaches: See Diagnostic Codes 8100 and/or 8045.
http://edocket.access.gpo.gov/cfr_2008/jul...38cfr4.124a.pdf

Tinnitus: - Must be opinioned by an Audiologist or Neurologist if due to head injury.
Must be recurrent, doesn't matter if bilateral or not, pays 10 % max.
Diagnostic Code 6260
http://edocket.access.gpo.gov/cfr_2008/jul...f/38cfr4.87.pdf

Scar on back of head:
Check Diagnostic Codes 7800 - 7805
http://edocket.access.gpo.gov/cfr_2008/jul.../38cfr4.118.pdf

These will show you the disability percentage levels you could possibly
be granted in your claim, due to whatever medical evidence you may have,
or gather down the road.
Hopefully this will help you determine if it would be worth your while to continue on,
as you questioned in your post.
Hope this helps a vet.
carlie



john999
My father-in-law had a severe TBI during WWII. It had profound effects on his behavior as time went by. You could not look at him or talk to him and see the problem. It came out in his behavior when he was under stress. I read that the VA believes that there may be 150,000 TBI cases from OIF/OEF. This is a ticking time bomb. I knew a guy from high school who got a TBI during Vietnam when he was blown off a tank that hit a mine. He never got a dime or any sort of claim as far as I know. He told me he had horrible headaches. That was 30 years ago and I don't know what happened to him. If you have any sort of TBI get it evaluated, and if you need treatment get it at the VA. You want to start building your file now.
timetowinarace
QUOTE (julzs71 @ Feb 3 2009, 09:48 AM) *
I am seeking tbi rating from the va. I went to the poly-trauma team. The neurologist stated that I have Memory loss, ringing in the ear, organization, loss of words, concentration, and some others due to the fact of a head injury while serving in the military. That was 16 years ago that I got out. As long as they can tie it to service connection then the va rep said it should be a no brainer. You just have to have a doctor say most likely.


Yep, it's a good idea to start a new thread.

Did the neurologist refer you for neuro-psych testing?

Do you have records of a head injury in service? If not you'll need some type of statement that you were subjected to a blow to the head, a fall, a blast or something.
bigoc
QUOTE (timetowinarace @ Feb 3 2009, 02:51 PM) *
Yep, it's a good idea to start a new thread. Did the neurologist refer you for neuro-psych testing? Do you have records of a head injury in service? If not you'll need some type of statement that you were subjected to a blow to the head, a fall, a blast or something.

Speaking of neuro-psych testing.  With descriptive words such as moderate and moderate-severe describing the current condition of memory and attention on a neuro-psych test, would this make an rating similar?  8045 code example:  mild=40 moderate=70 severe=100.  These are the ratings for objective results on testing, I would assume this means testing such as a neuro-psych test.
Any experience with the VA's interpretation of civilian administered neuro-psych testing would be helpful.
Izzy
This is what I can tell you, do your reserch on what they will asked you, I was trying for find the forms that VA sends the doctors to make an evaluation but could not find it. Maybe someone else knows were to find it.

It's better to know than to show up blind and the question hit you blindsided.

Izzy
carlie
bigoc,
You have posted into an older thread and your question is
different than the older topic.
Please start a new topic thread.
Thanks,
carlie
jesse(ss)
So, I went ahead and filled a claim in February. About a month ago I received a letter letting me know that my claim is being processed. I have called on several occasions to inquire about medical appointments for the purpose of adjudicating the claim and getting treatment for my conditions, they just tell me that they are working on it and that they do not know when or if I will be sent for an evaluation.

(Does this sound familiar to anyone?)

I have been told by the local VA hospital that I can go there for treatment but because I am not yet rated, my P.P.O. and I will have some sort of financial obligation for services. I am concerned about this because I do not know how this will affect my benefit maximums with my insurer and the possibility of the VA trying to bill my insurer even after being service connected/rated. So for now I'm just waiting and thinking that McDonalds or Kinko's could do better job taking care of veterans.

airborne18
This might be of some help..

First figure out which priority group you will be in based on your income level. Let say you are required to pay copay's, and they bill your insurance ( they will try this even if it is service connected ).. If you win your service connection, they have to pay it back, and you can actually go back two years and file for your medical bills to be reimbursed. ( I am not sure if this works, but I was told this, but I don't entirely believe it.. ) but either way your VA bills will be taken care of..

Also when you get your bills from the VA, call the billing department and say you are in the middle of a claim, and these bills will be service connected. You can even let it pile up for a few months and ask for a hardship forgivness of the bill.

If you are smart in your scheduling.. you really only have one copay per day, no matter how many appointments you have.. So you just schedule as much as you can in one day.

As far as them billing your insurance.. they will try and whatever they get, they get, but if your insurance tells them to go pound sand, then they will not come after you. Not as long as you are enrolled in the VA health care system and assigned to a priority group.

I would say that your delay is related to the fact that you are not being seen by the VA. Did you submit all of your private medical records and military medical records with your claim?? The VA will still request them from your doctors, and that is what delays the initial claim.

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