Evaluating Subjective Symptoms Due To TBI
Posted by Gregory M. Rada | December 29, 2021 | Disability Compensation, Health Benefits, State Veteran Benefits
Traumatic brain injury (TBI) is among the most significant injuries former combat veterans suffer. According to health officials, there has been an uptick in TBI in military service members who served in Afghanistan and Iraq.
This is because of the enemy’s use of roadside improvised explosive devices (IEDs).
However, not all TBIs are caused by IEDs. TBI can result from in-service motor vehicle accidents, sporting accidents, or falls where a veteran hits their head. Personal assaults and fights also often result in TBI.
If you or your loved one sustained a traumatic brain injury as a veteran, you may be entitled to seek VA disability compensation. TBI attorney Gregory M. Rada is committed to providing you with legal assistance regarding your claim for service connection for traumatic brain injury. If you have any questions or would like assistance in evaluating your options, get in touch with me today by calling me at (844) 838-7529 for a free consultation.
A Look at Traumatic Brain Injury and VA Ratings
Traumatic brain injuries are disruptions of brain function arising from a jolt or blow to the head or penetrating head injury. A closed head injury does not expose the brain to damage. A penetrating or open head injury happens when an object pierces the skull and damages the outermost membrane covering the brain.
VA estimates that 22% of the combat-related injuries service members sustain in Iraq and Afghanistan are traumatic brain injuries. They represent a 10% increase from previous rates among Vietnam War veterans.
Common subjective signs and symptoms of TBI to be aware of following a head injury include:
- Loss of balance
- Dizziness
- Change in vision
- Headaches
- Attention issues
- Loss of consciousness
- Confusion
- Irritability
- Sleep disturbances
- Difficulties finding words
Memory loss is also a significant cognitive impairment. TBI also causes neurobehavioral effects like personality changes, depression, substance abuse disorder, and chronic pain. A TBI patient may also suffer functional vision problems like aching eyes, difficulty focusing, double vision, loss of visual field, and light sensitivity.
TBI symptoms can vary from one individual to another, and the VA considers several factors when rating a service-connected TBI. Gregory M. Rada can help with your case evaluation. Contact me today and schedule a free consultation.
How VA Rates TBI
VA evaluates symptoms of TBI depending on the residual symptoms you exhibit because of the trauma according to 38 C.F.R. § 4.124a. The residuals fall on a scale of 0, 1, 2, 3, or total, with every increment corresponding to a higher disability rating. The rating criteria of TBI residuals fall into ten subcategories that enable the VA to rate veterans based on the level of impairment and severity. The areas of functioning include:
- Judgment
- Impairment of attention, executive functions, concentration, and memory
- Orientation (person, time, place, situation)
- Social interaction
- Diminished motor activity
- Visual spatial orientation (getting lost, ability to use maps/GPS)
- Subjective symptoms (headaches, anxiety, tinnitus, insomnia, sensitivity to light/sound)
- Neurobehavioral effects
- Communication issues
- Consciousness level
Why You Need an Attorney for TBI Claims
After VA grants service connection for residuals of TBI, it will assign an evaluation for the symptoms based on the highest level of impairment on the scale of 0, 1, 2, 3, or total. The ratings for levels of impairment are as follows: 0 = 0%; 1 = 10%; 2 = 40%; and 3 = 70%. A 100% rating is assign if any category is rated as “total.”
Some TBI symptoms, such as headaches/migraines, tinnitus, vertigo, can receive their own separate rating in addition to a rating for the TBI.
The rating process is complex and there is lots of room for misinterpretation of TBI symptoms. This happens because the body of medical science regarding TBI is still in its infancy and developing. A qualified veterans’ benefits attorney will ensure your case evaluation is in the hands of proper experts for the highest possible. rating
If you’re looking for a TBI attorney, look no further than After Service LLC. Contact us to book a free consultation for your case evaluation.
Frequently Asked Questions About TBI Claims
What kind of compensation is available for traumatic brain injury?
If it can be shown your TBI occurred on active duty, you can receive VA disability compensation up to the 100% payment rate. It’s essential to work with an experienced attorney because obtaining the highest rating possible usually requires working with a TBI expert.
What is the cost of caring for a TBI patient?
The cost of treatment depends on factors like the injury’s severity and the age and health of the patient. The CDC projects medical expenses to be as follows:
- $85,000 for mild brain injury
- $941,000 for moderate brain injury
- $3,000,000 for severe brain injury
How can Gregory M. Rada help?
Once we decide to work together, I will ensure we build the strongest case possible on your behalf. I am well-prepared and experienced to ensure your TBI is appropriately rated by VA.
