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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.



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


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:

  • 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 diagnosed 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


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.


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I'm a Vietnam vet (1968-69). Like so many from that time, I tried to forget and move on. I told no one of my service experience and did not seek the help of anyone until 1998 when suddenly I became quickly and totally disabled. Four surgeries followed, replacing both hips and both knees. I began seeing a PTSD counselor at the VA. I tried in vain to file for a service-connected until 2013. I was ready to give up when another counselor I was seeing suggested I should see a lawyer. I thought it impossible to go up against a system as big as the U.S. government but I went ahead and looked for an attorney who would take my case. I found Attorney Rada on the Internet and our first phone conversation lasted over an hour. From that first phone conversation until my recent award of a service-connected disability, two years later, Attorney Rada always made me feel like I was his only client. His experience with negotiating the huge VA machine is, in my opinion, unparalleled. Were it not for Attorney Rada, I would have spent my last years suffering silently. Because of Attorney Rada, the government has now recognized my service to my country. That, more than anything else, will let me rest in peace. Thank you, from the bottom of my heart, Attorney Rada.
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