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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 TBI is a separate and distinct injury, and that there are a wide range of symptoms associated with this type of veterans' disability.
If you were rated before the new 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 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 will do.
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. However, 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 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, please see our page on Symptoms of TBI.
Why Do You Need a Lawyer?
The new 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 they have a good lawyer.
At Bosley, McKown & Bratch, we know the law and we know what disability compensation veterans with TBI are entitled to received. 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 rated disabilities from TBI under the new rating system.
For a free consultation — call us from anywhere in the United States at 1-866-974-0705 (toll free) or contact us online.
