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.
The residuals of TBI are grouped into general symptom categories. Examples of physical residuals include:
Examples of cognitive effects include:
Examples of emotional and behavioral residuals include:
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.”
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.
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:
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.
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.
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.
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.
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.
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.
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 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.
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.
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.
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.
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.
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.
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.
When you are working on a claim after suffering a traumatic brain injury, you may want to hire a skilled Colorado VA TBI lawyer. If you are a veteran who relies on disability benefits to cover your medical expenses and other costs related to your injury or illness that you have developed after military service, you may have an issue receiving your benefits. If you are planning to file a claim for the first time, it’s important that you get it right. A lawyer can support you as you file your claim, and if you need any issues to resolve, a lawyer can find solutions for them. Know some of the following legal services that you can expect to receive from a qualified lawyer.
Whenever you are working on a claim, you must have basic knowledge of your legal rights. This will enable you to go through the claims process more easily and have a solid grasp of what compensation you are entitled to. Understanding your rights can be difficult to do on your own because of the dense legal terminology and complexity of the laws, but you can have a lawyer assess your case and give you a detailed explanation. You can count on an experienced Colorado VA TBI lawyer to offer you legal support when you need someone to protect your rights and act as your advocate.
Too many people refuse to hire a lawyer because they think it’s too expensive or that they will not be able to give them the help they need, but it is much better to have a lawyer who understands the claims process and legal system to support you. There are many benefits to having a lawyer review your case. They can inform you whether you have a valid case and the steps that you need to take in order to successfully obtain your rightful disability benefit amount. If you are not sure that you have a disability claim, a skilled lawyer will be able to help you.
A skilled lawyer can work on your claim and assist you with all of the paperwork involved. When you are filling out legal documents or assembling documents, such as medical records, bills, invoices and other types of records that you need to present as part of your claim, it can be a difficult task. You may experience issues because of your limited understanding of the law. However, you can depend on a reputable, qualified lawyer and ask them questions about how to fill out and organize your forms properly. They will tell you what requirements you must fulfill so that you can file your claim without any issue.
Do not wait until the last minute to file a claim if you are struggling to file a VA TBI claim or if you have received a response, but believe that you were given an incorrect amount. When you seek a lawyer for legal assistance with your claim, you are much more likely to get the compensation that you deserve. Obtain a confidential and risk-free consultation with a skilled Colorado VA TBI lawyer who has helped many disabled veterans with their claims.