Traumatic Brain Injuries are one of the Trademark Injuries Associated with the Gulf and Afghanistan Wars (38 CFR 3.310 & 4.124a)
The severity of a TBI is often determined immediately following the injury and is categorized as mild, moderate and severe. Factors used to determine the degree of severity include the following:
- Length of the loss of consciousness
- Length of memory loss or disorientation
- How responsive the individual was after the injury (eg. ability to follow commands)
The particular classification used to designate the severity of an individual’s TBI can be somewhat arbitrary. Classification is mainly used as a tool to determine the likelihood of recovery.
- Cognitive impairment
- emotional/behavioral dysfunction
- and physical changes
The disability evaluation percentage awarded to the veteran is determined by examination of symptoms involving these three factors.
Presumptive TBI Illnesses
The VA was under scrutiny as to how it understood and rated symptoms of TBI. Outside pressure led to new regulations regarding TBIs. Under the new regulations, a veteran service-connected with a TBI and diagnosed with the following conditions may have an easier time receiving VA disability compensations:
- Parkinson’s disease
- Unprovoked seizures
- Certain types of dementia
- Depression, and
- Hormone deficiency disease
Have you been denied benefits for a TBI? Are you service-connected for a TBI with one of these additional diagnoses? A mistake at any point during the adjudication process may result in you not receiving the benefits you deserve.
Contact VA Disability Group online or call 1-844-VETLAWS (1-844-838-5297) to determine whether you are entitled more.