Traumatic Brain Injury (TBI) | Veteran Disability Lawyer

TBI has been described as the signature injury of the wars in Afghanistan and Iraq. While TBIs often occur in combat, service members can suffer traumatic brain injury during any accident or fall that occurred during service. If you suffered a head injury during service, and you have current residuals of TBI, then you may be eligible for disability compensation benefits.

RESIDUALS OF TRAUMATIC BRAIN INJURY

The residuals of TBI are grouped into general symptom categories. Examples of physical residuals include:

• Bone fractures
• Headaches or migraines
• Fever
• Difficulty eating and speaking
• Degraded vision
• Fatigue
• Loss of hearing or sense of touch

Examples of cognitive effects include:

• Lack of attention and concentration
• Memory loss
• Decreased ability to process and understand information
• Lack of judgement and/or reasoning
• Decreased ability to problem solve and make decisions
• Communication problems
• Decreased ability to plan, organize, and assemble

Examples of emotional and behavioral residuals include:

• Anxiety
• Agitation
• Frustration
• Impulsiveness
• Repetitiveness
• Depression
• Regression
• Inability to control impulsive behavior and emotions

EVALUATION OF TRAUMATIC BRAIN INJURY

VA compensates veterans for residuals of TBI according to four categories: (1) emotional/behavioral, (2) physical dysfunction, (3) subjective symptoms, and (4) cognitive impairment. If a residual of TBI is ratable under an appropriate diagnostic code in the rating schedule, then the residual should be rated under the schedule accordingly. For example, if a residual of TBI is depression, then depression should be rated according to the schedule for mental disorders.  On the other hand, if there is no appropriate diagnostic code for a residual, then the residual is rated according to the TBI rating table entitled “Evaluation of Cognitive Impairment and Other Residuals of TBI Not Otherwise Classified.”

TBI EVALUATIONS BEFORE OCTOBER 23, 2008

VA updated its rating schedule on October 23, 2008, to better compensate for the residuals of  TBI. If you had a TBI rating prior to October 23, 2008, then you are eligible to have that rating reviewed and evaluated under the new criteria to see if your residuals are entitled to a higher rating under the new schedule. A veteran does not need to assert a worsening of residuals in order to obtain this review – VA will conduct a review upon request from the veteran.

TBI PRESUMPTIVE SERVICE-CONNECTED ILLNESSES – DECEMBER 2013

In December 2013, the VA issued new regulations stating that if a veteran has a service-connected TBI along with any certain 5 illnesses, then the illness is presumed service connected. The five illnesses are:

• Parkinson’s diseased following moderate or severe TBI
• seizures (for which no cause has been established) following moderate or severe TBI
• certain types of dementia (presenile dementia of the Alzheimer type, frontotemporal dementia, and dementia with Lewy bodies) if manifest within 15 years following moderate or severe TBI
• depression diagnosed within either 3 years of moderate or severe TBI, or 12 months of mild TBI
• hormone deficiency diseases diagnosed within 12 months of moderate or severe TBI

EQUITABLE RELIEF FROM SECRETARY MCDONALD – JUNE 2016

In June 2016, Secretary McDonald granted equitable relief to more than 24,000 veterans because the VA, beginning in 2007, failed to comply with its own policy requiring that a “psychiatrist, physiatrist, neurosurgeon or neurologist” complete an initial TBI examination when VA does not have a prior diagnosis of TBI. If your initial TBI examination was not completed by one of the four designated medical specialists, then you are entitled to a new examination and reprocessing of your claim.

HOW I CAN HELP

The medical science on TBI and the residuals of TBI is constantly developing and the VA often fails to appropriately apply the rating schedule for residuals of TBI. An independent medical opinion from an expert that specializes in TBI may be necessary.

MY FEE

I work on a contingency fee basis which means you pay no up-front fees for my representation. You only pay my fee if I successfully resolve your appeal. My fee is a reasonable percentage of your backpay award, and does not impact your future benefits.

In addition, I advance all costs of your appeal including the cost of obtaining independent medical examinations (when appropriate). You are only responsible for repayment of expenses upon successful resolution of your appeal, or if you terminate my representation before final conclusion of your appeal.

WHY ME

I handle every aspect of your case from initial intake to resolution, and as a disabled veteran myself, I understand what you are going through. I don’t use support staff, so you are always dealing with me and I pride myself on responding to my clients in a timely manner. Call today to speak with a trusted and experienced VA disability lawyer.

Greg, the VA TBI Lawyer of Colorado

Schedule a free consultation with the VA TBI lawyer in Colorado that veterans can call upon to provide an exceptional level of service when facing challenges. Gregory M. Rada, Attorney at Law approaches the unique needs of each case personally, handling every aspect from initial intake to resolution. As a disabled veteran himself, he is able to relate closely with other disabled veterans. 

Common Traumatic Brain Injuries

CONCUSSIONS

The most common brain injury, regardless of severity, are concussions. Concussions may be caused by a sudden impact to the head, or intense shaking of the head. Those who get concussions frequently may experience long-term cognitive disorders like post concussion syndrome and chronic encephalopathy.

COUO-CONTRECOUP BRAIN INJURY

After a severe blow to the skull the brain moves suddenly to one or more sides. The shifting brain impacts the side of the skull opposite from the impact, causing an injury on that side known as a coup-contrecoup. Tissue damage and bleeding are common results of such an impact. 

HEMATOMA

Hematoma refers to a clot that occurs in vessels located in the brain. Hematomas are life-threatening and require emergency medical attention to treat. Hematoma is commonly classified as intracerebral, epidural, subdural, and subarachnoid.

DIFFUSE AXONAL INJURY (DAI) 

DAIs are commonly the result of an intense shaking of the head and brain. For example, in an accident where powerful forces of motion are a factor, DAI can occur because the head is forcefully shaken. Unfortunately, DAIs commonly result in prolonged commas or death.

CONTUSIONS

When the head experiences a forceful blow, brain tissues can be damaged or bruised, and the structural integrity of the skull may be compromised, resulting in a contusion. 

BASIC REQUIREMENTS FOR TBI DISABILITY

Discharge & having proof of a disease or injury.

The veteran must have been discharged and have a disease or injury that is in some way debilitating. The discharge or release must be for reasons other than dishonorable discharge. Secondly, the disease or injury was suffered or aggravated in the line of duty. Lastly, the disease or injury was not a direct result of the veterans willful misconduct or drug abuse. It is helpful to have an experienced Colorado VA TBI lawyer to better understand how the process works.

Evidence of a disease or injury happening while serving.

We use evidence to prove that your in-service precipitating disease, injury, or event occurred or was aggravated while you were actively serving and through evidence it must be demonstrated that there is at least a 50% chance the disease or injury occurred or was aggravated during service.

Service connection.

The last requirement a disabled veteran must possess is the existence of a connection between the disabling disease or injury and the in-service precipitating disease, injury, or event. We must be able to demonstrate that a service connection exists in order to achieve the most desirable outcome for your claim or appeal. 

CALL GREG

As a leading Colorado VA TBI lawyer, Gregory M. Rada represents veterans and their families at every level of the disability benefits process. Greg approaches the unique needs of each client with care, consideration, and attention to the details. Call Greg at (800) 955-8596 for a free case evaluation with a Colorado VA TBI lawyer or schedule an appointment with Gregory M. Rada, Attorney at Law.