TRAUMATIC BRAIN INJURY (TBI)

Winning a TBI claim requires demonstrating that a veteran: 

1. experienced a head injury during a period of active duty service; 

2. has current residual symptoms from that injury meeting the VA's rating criteria. 

The VA reports that incidents of TBI have significantly increased with the conflicts in Iraq and Afghanistan. Although TBIs frequently arise during combat from explosive devises, vehicle accidents, falling, and the like, it is important to note that a TBI needn't have been caused in combat for it to be compensable. For VA rating purposes, what matters is that a veteran was on active duty when the incident occurred and did not cause the accident by his or her own misconduct. This means that veterans may be entitled to compensation for non-combat incidents like playing contact sports during PT, or even off-duty incidents like car accidents while operating a private vehicle. 

The VA breaks TBI symptoms down into three broad categories.

• Physical Symptoms

  • Face or skull fractures

  • Headaches

  • Fatigue

  • Sensory (i.e., sight and hearing) degradation

  • Speech impediment

• Cognitive Symptoms

  • Memory loss

  • Disorientation or confusion

  • Difficulties thinking, focusing, problem solving, or reasoning

  • Trouble sleeping

• Behavioral Symptoms

  • Irritability

  • Anxiety or Depression

  • Impulsiveness

  • Regressive behavior

These symptoms often result in long-term problems that range from hindering a veteran's employment prospects to eroding familial relationships and making reintegration with the community at large difficult. 

I can help. 

I will make sure that you obtain an accurate diagnosis. TBIs are often difficult to diagnose, as behavioral or cognitive symptoms can be subtle and the medical literature, though quickly evolving, remains in its infancy. That difficulty is compounded by a VA examiner's lack of pre-incident knowledge with which to compare your symptoms. Where necessary, I will work with an independent TBI specialist to make sure that you receive a fair and adequate examination. 

Related: 24,000 VA Traumatic Brain Injury Exams Mishandled Between 2007 and 2015

I will maximize your benefits by making sure that your assigned rating percentage accurately reflects your symptoms. Often, the VA fails to make the connection between a TBI and underlying symptoms that you should be receiving compensation for as TBI residuals. I'll make sure that the VA connects the dots. 

If you want to talk about your claim, you can reach me by calling, e-mailing, or clicking the link below.