TBI VA Disability Lawyers for Veterans Suffering from a Brain Injury

Our aggressive and experienced veterans law attorneys will fight for you.

“I am so glad I don’t have to shoulder the burden of fighting for my benefits by myself. There is such a great team at Berry Law Firm to stand shoulder to shoulder with me now.”

– Chet Bennetts, Iraq War Veteran

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TBI VA Lawyers

Veterans Affairs Traumatic Brain Injury Attorneys

Traumatic Brain Injury (TBI) and Veterans Affairs Disability Claims

We realize the TBI risks that military men and women face. We also understand the important role that disability benefits play in recovery from TBI.

a Veteran holding his head suffering Symptoms of TBI

We can review your case and guide you through the VA nd federal courts appeals process. Our firm handles appeals before VA Regional Offices, the Board of Veterans’ Appeals and the U.S. Court of Appeals for Veterans Claims. We have a record of delivering positive results for veterans.

Schedule a consultation with our knowledgeable team today.

What Is Traumatic Brain Injury – TBI?

A person with TBI may not appear to be sick or in pain. This is why the medical community often calls TBI an “invisible injury.” Despite the lack of outward signs, a person with TBI has suffered serious damage. TBI greatly disrupts the brain’s ability to function.

Traumatic brain injury typically results from:

  • The head being struck by an object
  • Penetration of the brain
  • The head striking an object
  • Forces generated from blasts or explosions such as an IED
  • A jolt that speeds up or slows the movement of the brain

A concussion is a mild form of TBI that many service members experience. In most cases, a service member who suffers a concussion fully recovers from the injury. However, in some cases, a concussion carries lingering physical and mental effects, particularly if the person did not receive proper medical care or suffered a repeat concussion.

Many veterans suffer from TBI that occurred in battle. However, a veteran with TBI that occurred outside of combat may still qualify for disability benefits. For instance, a veteran may sustain brain injury in a civilian car accident while on active duty. This injury would qualify for the same service-connected disability compensation as any other injury that occurred during any part of the veteran’s active military service.

How Do You Know If You Suffered Traumatic Brain Injury (TBI)?

In addition to immediate pain, TBI carries symptoms that include:

  • Seeing “stars”
  • Confusion
  • Loss of consciousness, or getting “knocked out”
  • Dizziness
  • Loss of memory of the injury-causing event or time surrounding the incident

TBI symptoms that may develop later include:

  • Persistent headaches or neck pain
  • Sensitivity to light or noise
  • Blurred vision
  • Loss of balance
  • Fatigue or lack of energy
  • Trouble sleeping
  • Ringing in the ears
  • Poor memory
  • Slowness in thinking, speaking and reading
  • Trouble putting thoughts into words
  • Problems with concentration and organizing daily tasks
  • Poor judgment and acting without thinking (impulsiveness)
  • Depression
  • Apathy
  • Irritability
  • Anxiety (fear, worry and nervousness)
  • Outbursts
  • Mood swings
  • Personality changes

If the above symptoms describe what you experienced at the time of your injury and you continue to deal with symptoms now, you may be suffering from a form of TBI that might entitle you to VA disability benefits. You have the option of getting screened for TBI by your regular physician or at a VA Medical Center.

Getting medical attention is important. Severe TBI can be degenerative. Unless you receive timely, proper treatment, the symptoms may grow worse over time.

If TBI prevents you from getting or maintaining a job, affects your relationships, or disrupts your ability to perform daily tasks, your injury may qualify you to receive veterans’ disability benefits.

Although the VA may agree that you suffer from a disability, the VA’s rating decision may fail to properly reflect the severity of your TBI. You may seek a lawyer’s review of your claim.

How Do I Prove I Have a Service-Connected Traumatic Brain Injury

The first step in obtaining VA disability benefits for a TBI is to show the VA that your disability is related to your military service. To accomplish this, a veteran’s claim and the evidence that the VA develops must show three things: (1) that the veteran has a current disability due to residuals of a TBI, (2) that the veteran had an in-service injury, and (3) that there is a connection between the current disability and the in-service injury.

In other words, veterans must show that they had some sort of head trauma, like the examples above, during military service and that they currently have residual symptoms as a result. TBI must be diagnosed by a medical clinician or VA examiner.

When you apply for VA disability compensation for a TBI, the VA will review the evidence, including your service personnel and medical records, your post-service medical records, and any statements you or your friends and family provide, looking for the necessary evidence to grant service connection.

The VA may order the veteran to attend a Compensation & Pension examination, at which a VA clinician or third-party contractor will examine the Veteran and provide a medical opinion on the nature and severity of the veteran’s condition. It is very important that the veteran attend the scheduled examination. If they do not report to the examination or provide an explanation as to why they could not attend, VA will likely deny the claim.

The veteran can also have a private doctor complete a VA disability benefits questionnaire and provide their own medical opinion, which the VA will weigh against its own examiner’s opinion if necessary. Other evidence that may be helpful includes statements by the veteran and friends and family members with firsthand knowledge of either the head trauma the veteran experienced during service or the current symptoms the veteran experiences.

How Much Compensation Can I Get for a TBI?

Once a service connection is granted, the VA will assign a disability rating based on the severity of the residual symptoms of a TBI. TBIs can be rated in different ways. Because TBI symptoms can manifest in a wide variety of ways, they can often be rated either under VA’s TBI evaluation criteria, or under the criteria for other mental and physical conditions.

For example, a veteran may have depressive disorder symptoms as a result of a TBI or that overlap with similar TBI symptoms. If those depressive symptoms would warrant a higher disability rating under the VA’s rating criteria for mental disorders, then a rating under the mental disorder criteria would be assigned, and those mental symptoms couldn’t also get an additional rating under the TBI criteria. The VA should automatically consider which applicable rating criteria are more beneficial to the veteran.

For TBI symptoms that do not fall under other VA disability rating criteria for mental or physical disabilities, or that are rated higher under the TBI rating criteria, the VA will consult a series of tables and regulations to determine the correct TBI disability rating.

Under the TBI criteria, disability can be rated as 0, 10, 40, or 70 percent disabling based on the number and severity of symptoms that fall into three different categories of symptoms:

Veteran diagnosed with TBI spends time with his children
  • Cognitively
  • Emotionally/behaviorally
  • Physically

The VA rating criteria provide a table of ten “facets” cognitive and subjective symptoms of TBI and levels of severity for each that are assigned a point value. The VA will consider what level of severity the veteran’s TBI symptoms fall into for each facet, and then assign a corresponding VA disability rating.

The ten facets of TBI residuals are:

  • Executive function – Memory, attention, concentration, goal setting and planning.
  • Judgment – Ability to identify and understand issues, consider alternatives, comprehend consequences of choices and make reasonable decisions.
  • Social Interaction – Ability to interact with other people and respond to situations in an acceptable and appropriate manner.
  • Orientation – Knowledge of self, identity of companions, place, current actions, day of week and time of day.
  • Motor activity – Ability to perform precise learned movements and tasks.
  • Visual-spatial orientation – Ability to follow directions, avoid getting lost, read maps, judge distance and use GPS devices.
  • Neurobehavioral effects – Irritability, verbal and physical aggression, impulsivity, lack of empathy, unpredictability, belligerence, apathy, moodiness and inflexibility.
  • Communication – Ability to express and understand thoughts in spoken and written words.
  • Consciousness – Persistently altered state of consciousness such as a vegetative state, minimally responsive state and coma.
  • Subjective symptoms – All symptoms that do not fit into the other categories.

Severity values of 0, 1, 2, 3, or total are assigned for each facet based on how much the condition impairs the veteran’s ability to work for a living, establish or maintain relationships and conduct routine activities of daily life (though not all facets have all 5 point values available).

A veterans overall disability rating for TBI disability is based on the highest level of severity in any one of the ten facets of TBI residuals. If the Veteran’s TBI residuals qualify as “total” severity in any of the facets, then the veteran is entitled to a 100 percent disability rating. If the highest level of severity is a 3, then the disability rating will be 70 percent. If the highest level of severity is a 2, then 40 percent will be assigned. If the highest level is 1, then a 10 percent disability rating is assigned. And if none of the facets is assigned a point value higher than 0, then the VA will assign a 0 percent noncompensable disability rating—meaning the veteran will not receive any monthly compensation even though a TBI disability has been proven related to service.

How Do You Appeal a Veterans Affairs Decision About Your TBI Claim?

After the VA processes your claim, the VA Regional Office will mail you a letter that states your disability rating and monthly benefit amount. If you disagree with the decision, you have the right to appeal.

 

A veteran who has TBI

Click here to learn more about your appeal options.


 

Why Hire a Lawyer to Help
with Your TBI VA Disability Claim Appeal?

The VA disability benefits system is supposed to be veteran-friendly. However, the rules and regulations governing the claims process can be confusing and frustrating for everyone involved. You do not have to face the VA and its legal system alone. At Berry Law Firm, we know the way forward.

For many years, we have helped veterans to fight for their VA disability benefits on appeal. Our attorneys understand the claims and appeals process, the evidence necessary to prove your TBI is related to service, how to maximize the assigned VA disability rating for TBI and related disabilities, and how to determine the proper amount of back pay that disabled veterans deserve.

Get help from our VA disability attorneys today. Our office – 6940 O St, Suite 400 Lincoln NE 68510.

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