Recent Regulation Changes Concerning Veterans
With Traumatic Brain Injuries and Disability Benefits
Although the system is still not as good as it should be, the VA now recognizes that a traumatic brain injury (TBI) is a separate and distinct injury, and that there are a wide range of symptoms associated with this type of veterans disability. An experienced VA disability claim attorney at Bosley & Bratch can help you pursue the veterans disability benefits you are entitled under VA regulations. We know the law and have been advocating for the rights of disabled veterans for nearly 15 years.
If you suffered a head injury, such as a traumatic brain injury while serving your country, you deserve all of the benefits afforded to you by the United States government. Contact an Indiana traumatic brain injury lawyer at Bosley & Bratch for skilled advice and legal counsel in Indiana, Florida or anywhere else in the United States.
If you were rated before the new TBI regulations took effect September 23, 2008 — you are entitled to a reevaluation under those new regulations. You may do this simply by completing the VA Form 21-4138 and inserting the language "I request reevaluation of residuals of traumatic brain injury for symptoms including ... (list all symptoms above you are experiencing)."
Submit this form to the VA Regional Office in your state.
What Is a Traumatic Brain Injury?
You do not have to physically be struck by something or be knocked unconscious to suffer a traumatic brain injury. You do not have to suffer severe permanent brain damage in order to be affected profoundly either. Even a mild concussion or closed head injury can have a significant impact on your life and the lives of your family members.
As defined by the VA itself, a traumatic brain injury (TBI) can be caused by various events, including the head striking an object (or vice versa); a sudden acceleration or deceleration without direct external trauma to the head; a foreign body penetrating the brain; or forces from a blast or explosion — including forces from improvised explosive devices (IEDs), rocket-propelled grenades and mortars.
At least one of the following signs must have been experienced immediately following the event:
- Any period of loss of or a decreased level of consciousness
- Any loss of memory for events immediately before or after the brain injury
- Any alteration in mental state at the time of the injury (confusion, disorientation, slowed thinking, etc.)
- Neurological deficits (weakness, loss of balance, change in vision, praxis, paresis/plegia, sensory loss, aphasia, etc.) that may or may not be transient
- Intracranial lesion
For more information regarding symptoms of TBI, TBI disability ratings, military TBI statistics and other detailed TBI information, please see our page TBI and Veterans Disability.
Why Do You Need a Lawyer?
The new disability rating system for TBI is very complicated, so complicated in fact that many of the VA's own ratings specialists do not understand it. This is partly due to the fact that symptoms of TBI are widespread and similar to other non-TBI problems. It is also due to the complicated method the VA has established for assigning ratings.
Given this environment, we believe that a veteran suffering from a TBI-related disability right now cannot possibly expect a fair rating from the VA unless he or she has a good lawyer.
At Bosley & Bratch, we know the law and we know what disability compensation veterans with TBI are entitled to receive. In fact, one of our attorneys, Ralph Bratch, has written and spoken on this topic on several occasions, helping train others in how to evaluate and rate disabilities from TBI under the new rating system.
Indiana and Florida Veterans With TBI — Our Attorneys Can Make a Difference
For a free consultation with an experienced veterans disability lawyer, contact Bosley & Bratch. With offices in Indiana and Florida, we represent disabled veterans nationwide. Call us from anywhere in the United States at 1-866-974-0705 (toll free) or contact us online.
