VA Disability Attorney for Traumatic Brain Injury

VA Disability Lawyer for U.S. Veterans Suffering With Traumatic Brain Injury

Traumatic brain injuries (TBIs) are common among veterans. They may occur in combat-related incidents or other military activities. These injuries can have long-lasting and debilitating effects on a person, impacting their physical, cognitive, and emotional well-being. Recognizing the significant impact of TBIs on veterans' lives, the Department of Veterans Affairs (VA) provides disability benefits and other types of benefits to eligible veterans who have suffered these types of injuries.

The Vet Law Office provides dedicated representation for veterans who file VA disability claims. We work to ensure that service-related injuries, illnesses, and other debilitating conditions will be addressed correctly. We can advocate for veterans who need to appeal the denial of benefits or address incorrect disability determinations, ensuring that they will have the financial resources needed to address their ongoing concerns. As a disabled veteran, Attorney Edward Farmer understands the issues that veterans face in these cases, and he will work to ensure that they are treated fairly as they address service-related health issues.

Determining Disability Ratings for Traumatic Brain Injuries

The VA uses a specific rating system to determine the level of disability caused by traumatic brain injuries and other service-related conditions. VA disability ratings are based on the severity of symptoms and functional impairments experienced by the veteran. The VA evaluates both physical and mental health conditions related to TBIs when assigning disability ratings.

The first step in determining a disability rating is assessing the severity of physical impairments caused by the TBI. This includes evaluating motor function limitations, sensory disturbances, speech difficulties, and any other physical disabilities resulting from the injury.

In addition to physical impairments, the VA also considers cognitive and mental health impairments associated with TBIs when assigning disability ratings. These may include memory loss, difficulty concentrating or problem-solving, mood swings or irritability, anxiety disorders, depression, or post-traumatic stress disorder (PTSD).

To evaluate these cognitive and mental health impairments accurately, the VA typically conducts comprehensive medical examinations that assess various aspects such as memory tests or sensory issues, as well as psychological evaluations conducted by psychiatrists or psychologists. When evaluating TBIs, the VA will assess a person's cognitive impairments, emotional/behavioral issues, and physical dysfunction. Cognitive and emotional/behavioral issues are assessed based on 10 different subcategories. Each of these categories may receive a rating of 10%, 40%, 70%, or 100%, and the person's highest rating in an individual subcategory will determine their overall disability rating.

The rating criteria for cognitive and emotional/behavioral issues related to TBIs are as follows:

• 100%: Severe impairment of memory, attention, concentration, or executive functions; severely impaired judgment affecting a person's ability to make routine, familiar decisions; consistent disorientation in two or more aspects of orientation (time, place, person, situation); severely decreased motor activity due to apraxia; severe impairments to visual spatial orientation resulting in an inability to identify one's own body parts, identify the positions of two different objects, or find one's way through different rooms in a familiar environment; complete inability to communicate by speech or written words, comprehend spoken or written language, or communicate basic needs; or a persistently altered state of consciousness such as a coma or vegetative state.
• 70%: Moderate impairment of memory, attention, concentration, or executive functions; moderately severely impaired judgment occasionally affecting a person's ability to make routine, familiar decisions; inappropriate social interactions most or all of the time; disorientation in two or more aspects of orientation (time, place, person, situation) that occurs often; moderately decreased motor activity due to apraxia; moderately severe impairments to visual spatial orientation such as getting lost in familiar locations or inability to use GPS or other devices to follow directions; inability to communicate by speech or written language at least half of the time; or one or more neurobehavioral effects that interfere with the ability to engage in workplace or social interactions on most days.
• 40%: Mild impairment of memory, attention, concentration, or executive functions; moderately impaired judgment that usually affects a person's ability to make complex or unfamiliar decisions; frequently inappropriate social interactions; occasional disorientation in two or more aspects of orientation (time, place, person, situation) or disorientation in one aspect that occurs often; mildly decreased motor activity or moderate slowing due to apraxia; moderate impairments to visual spatial orientation such as usually getting lost in unfamiliar locations, or difficulty reading maps, following directions, and judging distances, as well as difficulty using GPS or other devices to follow directions; inability to communicate by speech or written language more than occasionally but less than half of the time; one or more neurobehavioral effects that frequently interfere with the ability to engage in workplace or social interactions; or three or more subjective symptoms that moderately interfere with a person's work or the activities of daily living.
• 10%: Complaints of mild loss of memory, attention, concentration, or executive functions without objective evidence; mildly impaired judgment that usually affects a person's ability to make complex or unfamiliar decisions; occasionally inappropriate social interactions; occasional disorientation in one aspect of orientation (time, place, person, situation); mildly slowed motor activity at times due to apraxia; mild impairments to visual spatial orientation such as occasionally getting lost in unfamiliar locations or occasional difficulty reading maps or following directions; occasional impairment to communication by speech or written language; one or more neurobehavioral effects that occasionally interfere with the ability to engage in workplace or social interactions; or three or more subjective symptoms that mildly interfere with a person's work or the activities of daily living.

Physical symptoms of traumatic brain injuries, such as visual impairments, hearing loss, seizures, problems with balance and coordination, or endocrine dysfunctions may be evaluated separately using their own rating criteria, and these may affect a veteran's overall disability rating.

Types of Benefits Available for Veterans With Traumatic Brain Injuries

Veterans who have been diagnosed with traumatic brain injuries may be eligible for several different types of benefits through the VA:

• Disability compensation: These benefits consist of tax-free monetary payments for veterans who have service-connected disabilities, including TBIs. The amount of compensation depends on the severity of the disability rating assigned by the VA.
• Special Monthly Compensation (SMC): In cases where veterans require additional assistance or have specific needs due to severe TBI-related impairments, they may be eligible for additional compensation. SMC provides extra financial support to cover expenses related to personal care services for veterans who are unable to fully feed, dress, or care for themselves without assistance.
• Health care benefits: Veterans with service-connected traumatic brain injuries are entitled to receive comprehensive medical care through VA healthcare facilities. Treatment may include medications, physical therapy, mental health services, or other forms of care that may be needed.

Contact Our Veterans' Disability Benefits Attorney for TBIs

If you are a veteran in Illinois who has suffered a traumatic brain injury during your military service and need assistance navigating the complex process of obtaining disability benefits from the VA, The Vet Law Office can help you understand your rights and options. We focus on assisting veterans in securing the benefits they deserve based on their service-related injuries or conditions. We will guide you through every step of filing your claim accurately while ensuring that all necessary evidence is presented effectively to support your case. Our goal is to help you obtain the maximum compensation and benefits available for your traumatic brain injury. To schedule a consultation, contact us at 1-800-700-4174. We are here to provide you with the dedicated legal representation and support you need.