Many traumatic brain injury (TBI) veterans suffer from a range of symptoms, including hearing problems, loss of balance, and dizziness. They may also experience physical changes such as chronic pain and difficulty walking.
Some traumatic brain injury veterans qualify for additional benefits such as special monthly compensation. But, proving your TBI VA rating can be complicated.
Getting Started
The brain governs our identity, emotions, and manner of functioning. These explanations explain why a traumatic brain injury (TBI) can have catastrophic consequences for an individual. If you suffered a TBI in service, you may qualify for compensation through the TBI VA rating system. TBI ratings are based on the residual symptoms you experience because of the trauma, and they range from 0 to 100%. You can receive a higher rating if you have multiple symptoms that are severe or disabling.
In some cases, TBIs cause similar emotional or behavioral symptoms to those of PTSD. For example, a veteran who is service-connected for PTSD and also has TBI-related sleep impairment, irritability, and hypervigilance may be assigned a combined PTSD and TBI disability rating. However, it’s important to note that symptoms cannot be used to support separate claims for different conditions. The VA’s pyramiding rule, which discourages applying multiple diagnostic codes to a single symptom, should be considered.
Documentation
Several categories of TBI disability are evaluated and assigned ratings that determine benefit amounts. These include cognitive impairments, behavioral issues, and physical limitations.
Veterans with a severe TBI may be entitled to TDIU, which allows them to receive benefits if they can’t work due to their disabilities. This is especially true if the symptoms are considered permanent. You will need proof of your secondary conditions and the TBI to support your claim.
Documentation should also show that your TBI has caused you to develop PTSD and other mental disorders. The nexus between these disorders and your TBI should be established, so it’s important to get opinions from multiple experts in the field. It should include service treatment records, military personnel records, unit and organization histories, operational resort lessons learned (ORLLS) reports, daily staff journals, and radio logs. A personal statement from you is also helpful.
Service Connection
TBI symptoms can affect a range of physical and psychological functions. These symptoms can include memory problems, trouble with concentration, headaches, fatigue, hearing issues, seizures, loss of stamina, and depression. Many veterans who suffer from these symptoms are eligible for a disability rating that provides monthly compensation to help them cope with their condition.
The disability ratings for TBI are determined through a process that looks at your symptoms and their severity. Symptoms can last just a few days or be permanent. Depending on the circumstances, you may need to provide evidence, such as service records from your military, buddy statements from fellow service members, and medical documentation from your doctor.
In some cases, the VA will combine the ratings of two different conditions that cause similar symptoms. For example, if your TBI causes emotional and behavioral symptoms that are similar to those of post-traumatic stress disorder (PTSD), you will receive a combined rating for both disabilities.
Appealing
Suppose you have a 70% disability rating for TBI. In that case, you may be eligible to receive compensation (SMC), which is designed to pay you additional money if your TBI causes you to require in-home assistance with the tasks of daily living. Your experienced veteran’s benefits attorney can help you apply for this benefit.
TBI symptoms often overlap with mental disorders, such as PTSD or depression. For example, if you experience flashbacks, trouble sleeping, and irritability as part of your PTSD diagnosis, those same symptoms may also be considered as core symptoms of TBI. In those situations, the VA follows a regulation called “avoidance of pyramiding,” which prohibits raters from compensating overlapping impairments.
The VA uses categories of debilitating conditions and a C&P examination to determine your TBI disability rating. This rating is based on how your symptoms affect your ability to work. The VA also offers TDIU, which is designed to compensate you if your TBI makes it impossible for you to work full-time.
