Traumatic brain injury, or TBI, is one of the signature injuries of recent military conflicts, though it affects veterans of all eras. Filing a VA disability claim for TBI involves specific medical evidence and a unique rating system that differs from most other conditions.
Below, our friends from Gregory M. Rada, Attorney at Law discuss the basics of TBI claims and what veterans should understand about the process.
How TBI Occurs In Military Service
TBI can result from blasts, explosions, vehicle accidents, falls, training injuries, or any event involving a blow or jolt to the head. Many veterans experienced concussions during service that were never formally documented, particularly in combat environments. Even mild TBI can produce lasting effects that don’t become fully apparent until years later.
How The VA Rates TBI
The VA evaluates TBI using a specialized set of criteria that examines 10 areas of cognitive, emotional, and physical functioning. These areas include memory, attention, judgment, communication, motor activity, and others. Each area is scored on a severity scale, and the highest individual score generally determines the overall TBI rating. This approach is different from how most other conditions are rated.
Common Residuals Of TBI
In addition to the TBI rating itself, veterans may have separate conditions that stem from the brain injury. Headaches, dizziness, vision problems, sleep disturbances, and cognitive difficulties are frequently claimed as residuals. Each qualifying residual can receive its own rating, which contributes to the veteran’s overall combined disability percentage.
Challenges In TBI Claims
One of the biggest challenges is establishing the in-service event, especially when service medical records don’t document a specific head injury. Buddy statements describing the incident, deployment records showing proximity to blast events, and post-service medical records showing a pattern of TBI-related symptoms can all help fill the evidentiary gap.
Getting Help With A TBI Claim
TBI claims require a thorough understanding of both the medical and legal aspects of the rating criteria. If you’re filing a claim or appealing a denial related to a brain injury from service, working with an attorney who handles VA TBI lawyer can improve your chances of receiving the rating your condition warrants.