Recovering Service-Connected Benefits for Traumatic Brain Injury
June 06, 2022
Researchers dub traumatic brain injury (TBI) a “signature injury” of the Iraq and Afghanistan Conflicts. Reports from the Defense and Veterans Brain Injury Center indicate that there have been approximately 350,000 incident diagnoses of TBI over the last 20 years. There are several comorbidities associated with combat-related mild TBI (mTBI). Over one-third of individuals with a history of mTBI experience depression and an increased risk of suicidal ideation. TBI and mTBI can cause veterans to experience significant difficulties in their activities of daily living and the ability to find and sustain gainful employment. This service member should pursue a claim for service-connected benefits for their injuries.
TBIs often stem from a sudden blow to the head, skull penetration, or extreme jolts to the head and neck. TBIs range in severity, and the VA tends to categorize them as mild, moderate, or severe. Even mTBIs can cause lingering long-term symptoms. At the same time, many associate TBIs with combat, and service members may suffer TBIs during non-combat activities. Non-combat TBIs often arise from traffic accidents, recreational activities, non-combat missions, and training exercises.
Those suffering from a TBI may experience a variety of symptoms. The most common symptoms include word slurring, delayed response, and poor balance. Many of these behaviors mirror the effects of drinking, which often leads to misunderstandings and misdiagnoses. In addition, TBI often causes insomnia, memory failure, depression, anxiety, personality changes, and chronic pain.
Service members and veterans seeking compensation for TBI should understand that medical records indicating a diagnosis are not enough to secure adequate compensation. Claimants must understand the substantiating evidence they need to meet the VA’s rating criteria. Those who received a rating before the new code may pursue a claim for a rating increase. Under the new regulation, the VA evaluates these claims at 0, 10, 40, 70, and 100 percent, recognizing that some cases may warrant a rating exceeding 100%. The monthly compensation (SMC) ratings require the VA to consider unemployability.
A veteran’s attorney can assist claimants in determining whether they are eligible for SMC for their TBI. There are several eligibility factors, and the VA typically awards SMC when:
- The veteran requires Aid & Attendance;
- Without this aid and attendance, the veteran would require in-patient nursing home or hospitalization care; and
- The veteran does not qualify for a higher level of Aid & Attendance.
A lawyer can prepare a compelling and legally sound case to ensure that veterans secure the compensation their injury or illness requires.
Military Traumatic Brain Injury Attorney
If you suffered a TBI during combat or non-combat, contact Legal Help for Veterans, PLLC, to discuss what benefits the VA entitles you. The attorneys on our team have an extensive history of representing veterans in their claims before the VA. We handle initial filings, reconsiderations, appeals, and other stages of a veteran’s claim. Our office represents clients in Aid and Attendance status claims, hearing loss and tinnitus, orthopedic disabilities, post-traumatic stress disorder, VA unemployability, and veteran mental health claims. Contact our office at 1-800-693-4800 to schedule a free initial claim evaluation. You can also reach us through our online contact form.