Traumatic Brain Injuries

Q: How do I prove my traumatic brain injury is service-connected?

To prove service-connection for TBI, you need three key elements: (1) medical evidence of a current traumatic brain injury diagnosis, (2) evidence of an in-service event that caused the TBI (such as blast exposure, vehicle accident, or head trauma), and (3) a medical nexus opinion linking your current TBI to the in-service event. Many TBI claims are denied because veterans lack proper nexus evidence. An experienced VA TBI attorney can help obtain Independent Medical Opinions from qualified neurologists or neuropsychologists to establish the required connection between your service and current brain injury symptoms.

Q: What VA disability rating can I receive for traumatic brain injury?

VA rates traumatic brain injury under 38 CFR § 4.124a, with ratings ranging from 0% to 100% based on the severity of residual symptoms. TBI ratings consider ten areas of dysfunction: memory, attention/concentration, executive functions, judgment, social interaction, orientation, motor activity, visual-spatial orientation, subjective symptoms, and neurobehavioral effects. Ratings are assigned as follows: 0% (normal functioning), 10% (mild symptoms), 40% (moderate symptoms), 70% (severe symptoms that substantially interfere with employment), and 100% (total occupational and social impairment). Many veterans are under-rated because the VA fails to properly evaluate all ten domains of TBI impairment.

Q: Why was my VA TBI claim denied?

Common reasons for TBI claim denials include: insufficient medical evidence linking current symptoms to service, lack of documentation of the in-service traumatic event, inadequate neurological or neuropsychological examinations, VA examiner errors or bias, failure to consider lay testimony about symptom severity, incomplete evaluation of all ten TBI residual domains, and missing nexus opinions from qualified specialists. Many TBI claims are also denied due to the VA attributing symptoms to non-service-connected conditions like pre-existing disorders or post-service injuries. An experienced TBI appeals attorney can identify the specific deficiencies in your claim and develop a winning strategy to overturn the denial.

Q: Can I get VA benefits for secondary conditions related to my TBI?

Yes, traumatic brain injury often causes or worsens secondary conditions that qualify for separate VA disability ratings. Common secondary conditions to TBI include: headaches and migraines, sleep disorders and insomnia, depression and anxiety, PTSD symptoms, cognitive impairment, balance and vestibular disorders, chronic pain conditions, seizure disorders, vision problems, and tinnitus. Each secondary condition can be service-connected as either caused by or aggravated by your service-connected TBI. These secondary conditions can significantly increase your overall disability rating and monthly compensation. Veterans with service-connected TBI should always file for secondary conditions to maximize their benefits.

Q: How long does a VA TBI appeal take?

VA TBI appeals typically take 12-24 months from the time of filing, though timelines vary based on the appeal route chosen and the complexity of your case. Supplemental Claims (with new evidence) generally take 4-5 months. Higher-Level Reviews take 4-5 months but do not allow new evidence. Board of Veterans Appeals decisions can take 1-3 years depending on whether you request a hearing. Court of Appeals for Veterans Claims cases can take 1-2 years or longer. Working with an experienced TBI appeals attorney can help expedite the process by ensuring all necessary evidence is submitted correctly the first time and by choosing the most strategic appeal route for your situation.

Q: What is the difference between mild, moderate, and severe TBI for VA purposes?

The VA classifies traumatic brain injuries based on initial injury severity and residual symptoms. Mild TBI (concussion) involves brief loss of consciousness (under 30 minutes), short post-traumatic amnesia (under 24 hours), and normal structural imaging. Moderate TBI involves loss of consciousness for 30 minutes to 24 hours, post-traumatic amnesia for 1-7 days, and possible brain imaging abnormalities. Severe TBI involves loss of consciousness over 24 hours, post-traumatic amnesia over 7 days, and definite structural brain damage on imaging. However, even veterans with initially mild TBI can have severe residual symptoms warranting high disability ratings. The VA focuses on current functional impairment, not just initial injury severity. Many veterans with mild TBI diagnoses qualify for 70% or 100% ratings based on their residual cognitive, behavioral, and emotional symptoms.

Boulder veterans attorney Sean Kendall provides expert legal representation for service-connected traumatic brain injury claims and appeals. With over 35 years of experience handling complex VA TBI cases, our firm helps veterans throughout Colorado and nationwide secure the disability benefits they deserve for service-connected brain injuries. Whether your TBI claim was denied, under-rated, or you need help filing an initial claim, we understand the unique challenges veterans face proving and rating traumatic brain injuries.

Veterans who sustained traumatic brain injuries during service—whether from blast exposure in Iraq or Afghanistan, vehicle accidents, training injuries, or other service-related incidents—often struggle to obtain proper VA recognition and compensation. The VA's complex TBI rating system and stringent evidence requirements create significant obstacles for veterans seeking benefits. Many claims are wrongfully denied due to inadequate medical examinations, lack of proper nexus evidence, or VA examiner bias. Our Boulder-based veterans law firm specializes in overturning these denials and achieving maximum disability ratings for TBI claims.

Understanding VA Traumatic Brain Injury Claims
Why VA TBI Claims Get Denied
Secondary Conditions Related to Traumatic Brain Injury
How an Experienced TBI Attorney Helps Veterans
2025 VA Disability Compensation for TBI
Frequently Asked Questions About VA TBI Claims
Why Choose Sean Kendall Law for Your TBI Claim

Understanding VA Traumatic Brain Injury Claims

Traumatic brain injury is one of the signature injuries of recent military conflicts, affecting thousands of veterans who served in Iraq, Afghanistan, and other combat zones. The Department of Defense estimates that over 400,000 service members have sustained TBIs since 2000, with many cases going undiagnosed during active duty. Unlike visible physical injuries, TBI symptoms can be subtle, progressive, and easily dismissed—making it challenging for veterans to prove service-connection and demonstrate the true severity of their condition.

How the VA Rates Traumatic Brain Injury

The VA rates traumatic brain injury under 38 CFR § 4.124a using a comprehensive evaluation of residual symptoms across ten specific areas of dysfunction:

Memory and Attention/Concentration: Difficulty remembering appointments, conversations, or completing tasks requiring focus
Executive Functions: Impaired planning, organization, problem-solving, and judgment
Social Interaction: Inappropriate behavior, difficulty maintaining relationships, social isolation
Orientation: Confusion about time, place, person, or situation
Motor Activity: Physical coordination problems, tremors, or movement difficulties
Visual-Spatial Orientation: Difficulty navigating familiar places or judging distances
Subjective Symptoms: Headaches, dizziness, fatigue, sleep disturbances
Neurobehavioral Effects: Emotional regulation problems, irritability, depression, anxiety
Communication: Speech and language difficulties
Consciousness Disturbances: Seizures or loss of consciousness episodes

TBI disability ratings range from 0% (normal functioning with mild symptoms) to 100% (total occupational and social impairment). Veterans often receive inadequate ratings because VA examiners fail to properly evaluate all ten domains or underestimate the combined impact of multiple residual symptoms. If a veteran requires regular assistance with activities of daily living due to TBI, a higher level of compensation above the 100% rate can be available.

Common Types of Service-Connected TBI

Veterans sustain traumatic brain injuries through various service-related incidents:

Blast Exposure TBI: IED explosions, mortar attacks, and other blast events in Iraq and Afghanistan
Combat-Related Head Trauma: Gunshot wounds, shrapnel injuries, or blunt force trauma during combat operations
Vehicle Accidents: Military vehicle rollovers, crashes, or helicopter accidents
Training Injuries: Head trauma during military training exercises, airborne operations, or combat training
Falls and Accidents: Shipboard accidents, aviation incidents, or other service-related falls
Assault-Related TBI: Head injuries from military sexual trauma or other assaults during service

Many TBI cases involve multiple incidents over time, creating cumulative brain damage that becomes progressively worse. Veterans with PTSD claims often also suffer from co-occurring TBI, requiring careful evaluation of overlapping symptoms.

Why VA TBI Claims Get Denied

Traumatic brain injury claims face higher denial rates than many other disability claims due to the complex nature of brain injuries and the challenges of proving service-connection years after discharge. Understanding common denial reasons helps veterans build stronger appeals.

Inadequate Medical Evidence

The most common reason for TBI claim denials is insufficient medical evidence demonstrating current brain injury symptoms and their severity. Many veterans lack comprehensive neurological or neuropsychological evaluations documenting cognitive deficits, memory problems, executive function impairment, and behavioral changes. VA compensation and pension examinations are often inadequate, lasting only 20-30 minutes and failing to properly assess all ten TBI residual domains.

Successful TBI claims typically require specialized evaluations from qualified neuropsychologists who conduct thorough testing of cognitive functions, including standardized neuropsychological testing batteries that objectively measure memory, attention, processing speed, and executive functions. Veterans should obtain private evaluations when VA examinations are insufficient.

Lack of In-Service Event Documentation

Veterans must prove that a traumatic event occurred during service that caused their brain injury. Many TBI-causing incidents were not documented in service medical records, particularly:

Blast exposures that seemed minor at the time but caused concussive injuries
Training accidents where the veteran did not immediately seek medical attention
Multiple subconcussive events that cause cumulative brain damage
TBI incidents in combat zones where medical documentation was limited
Head injuries that occurred during classified or sensitive military operations

Veterans can overcome missing service records through buddy statements from fellow service members, lay testimony describing the in-service incident, and expert medical opinions explaining how current symptoms are consistent with the described service events. Our firm regularly helps veterans reconstruct missing service documentation through alternative evidence sources.

Missing Nexus Evidence

Even when veterans have both current TBI symptoms and documented in-service events, claims are often denied for lack of a medical nexus opinion linking the two. VA examiners frequently opine that a veteran's current brain injury symptoms are "less likely than not" related to service, particularly when:

Significant time has passed between service and symptom recognition
The veteran has other potential causes for cognitive symptoms (aging, other medical conditions)
Service medical records do not explicitly document TBI diagnosis
There are gaps in treatment records after service

Overturning these nexus denials requires obtaining Independent Medical Opinions from qualified specialists who understand the delayed onset nature of many TBI symptoms and the progressive nature of traumatic brain injuries. Expert opinions must address why the VA examiner's conclusion was incorrect and provide detailed medical reasoning supporting service-connection.

VA Examiner Errors

VA compensation and pension examinations for TBI claims are frequently inadequate or inaccurate. Common VA examiner errors include:

Rushed Examinations: Spending insufficient time to properly evaluate complex cognitive symptoms
Incomplete Testing: Failing to conduct or review comprehensive neuropsychological testing
Ignoring Lay Evidence: Dismissing family statements about personality changes and cognitive decline
Misinterpreting Records: Incorrectly reading service medical records or misunderstanding TBI terminology
Failure to Consider All Domains: Not evaluating all ten TBI residual symptom areas required by the rating schedule
Attributing to Other Causes: Incorrectly blaming TBI symptoms on non-service-connected conditions

When VA examinations contain these errors, veterans should file VA disability appeals with supplemental evidence correcting the examiner's mistakes. Our attorneys identify examination deficiencies and obtain proper medical opinions to overcome flawed VA examiner findings.

Secondary Conditions Related to Traumatic Brain Injury

Veterans with service-connected TBI frequently develop secondary conditions that warrant additional disability compensation. These secondary conditions are either caused by or aggravated by the primary TBI and can significantly increase overall disability ratings.

Mental Health Conditions Secondary to TBI

Traumatic brain injury often causes or worsens mental health conditions, including:

Depression: Chemical changes in the brain following TBI commonly cause major depressive disorder
Anxiety Disorders: TBI frequently causes generalized anxiety, panic attacks, and social anxiety
PTSD: TBI and PTSD often co-occur and can be mutually aggravating conditions
Emotional Dysregulation: Inability to control emotions, leading to inappropriate outbursts or mood swings
Personality Changes: Significant alterations in personality traits following brain injury

Veterans should file separate claims for mental health conditions secondary to TBI. While mental disorder ratings are often combined with TBI ratings due to overlapping symptoms, mental disorders are evaluated under different rating criteria and may result in a higher rating than the TBI rating alone. Our firm has extensive experience with PTSD and mental health claims secondary to TBI.

Physical Conditions Secondary to TBI

Common physical secondary conditions related to traumatic brain injury include:

Migraine Headaches: Post-traumatic headaches are among the most common TBI residuals
Sleep Disorders: TBI frequently causes insomnia, sleep apnea, and other sleep disturbances
Vestibular Disorders: Balance problems, vertigo, and dizziness from inner ear damage
Vision Problems: Double vision, light sensitivity, and other visual impairments
Tinnitus: Ringing in ears commonly associated with blast-related TBI
Seizure Disorders: Post-traumatic epilepsy developing after severe TBI
Chronic Pain: Persistent pain conditions caused by or worsened by TBI

Each secondary condition should be claimed separately to maximize disability compensation. Veterans with service-connected TBI should work with their doctors to document all related conditions and file comprehensive secondary claims.

Unemployability Due to TBI

Veterans whose TBI symptoms prevent substantial gainful employment may qualify for Total Disability Individual Unemployability (TDIU) benefits, which provides compensation at the 100% rate even if combined ratings are below 100%.

TBI commonly causes unemployability through:

Severe cognitive impairment preventing task completion
Memory and attention deficits making work unreliable
Behavioral problems causing interpersonal conflicts
Unpredictable symptoms preventing consistent attendance
Executive function deficits impairing decision-making and planning

TDIU claims for TBI require vocational evidence, employment history documentation, and medical opinions explaining how brain injury symptoms specifically prevent employment. Our firm has successfully obtained TDIU benefits for many veterans whose TBI symptoms make competitive employment impossible.

How an Experienced TBI Attorney Helps Veterans

Navigating VA traumatic brain injury claims requires specialized legal knowledge and medical expertise. An experienced veterans TBI attorney provides crucial advantages that dramatically increase claim success rates.

Evidence Development and Expert Witnesses

Building a successful TBI claim requires comprehensive medical evidence that many veterans cannot obtain on their own. Our firm:

Obtains Private Medical Evaluations: We arrange evaluations with board-certified neurologists and neuropsychologists who specialize in TBI
Secures Independent Medical Opinions: Expert nexus opinions from qualified specialists establish service-connection
Gathers Lay Evidence: Detailed statements from family members, friends, and former colleagues document behavioral changes and symptom severity
Reconstructs Service Records: Buddy statements and alternative documentation prove in-service TBI incidents

Quality medical evidence is the foundation of successful TBI claims. We ensure every aspect of your claim is supported by credible, persuasive documentation that the VA cannot ignore.

Strategic Appeal Planning

Choosing the right appeal path is critical for TBI claims. Under the Appeals Modernization Act, veterans have multiple appeal options with different advantages:

Supplemental Claim: File new evidence to reopen denied claims (fastest route when new evidence is available)
Higher-Level Review: Senior reviewer examines the case for errors (best when VA made clear mistakes)
Board of Veterans Appeals: Direct appeal to BVA with optional hearing (necessary when lower levels fail)
Court of Appeals for Veterans Claims: Federal court appeal for legal errors (when BVA decisions violate law)

Each appeal route has specific procedural requirements, evidence rules, and timing considerations. We analyze your case and recommend the optimal appeal strategy based on your evidence, the VA's errors, and your personal circumstances. Our knowledge of the veterans appeals process ensures we choose the fastest route to success.

Maximizing Disability Ratings

Many veterans with service-connected TBI receive disability ratings far below what they deserve. The VA's TBI rating system is complex, and examiners frequently underestimate symptom severity or fail to consider all areas of impairment.

We maximize TBI ratings by:

Documenting All Ten Residual Domains: Ensuring every area of TBI impairment is properly evaluated and rated
Obtaining Higher Rating Criteria Evidence: Medical and vocational evidence supporting 70% or 100% ratings
Filing for Secondary Conditions: Separate claims for all TBI-related conditions to increase overall compensation
Pursuing TDIU When Appropriate: Achieving 100% compensation when TBI prevents employment
Correcting Under-Ratings: Appeals to increase inadequate TBI ratings to proper levels

2025 VA Disability Compensation Rates for TBI

Understanding the financial impact of proper TBI ratings is crucial for veterans. The VA provides monthly disability compensation based on your rating percentage, which reflects the severity of your residual TBI symptoms and functional impairment.

Disability Rating	Level of Impairment	Monthly Compensation (2024)
0%	No impairment of social and occupational functioning	$0 (but eligible for VA healthcare)
10%	Mild impairment - occasional decrease in work efficiency	$175.51
30%	Moderate impairment - reduced work efficiency, intermittent inability to perform occupational tasks	$537.42
50%	Moderately severe impairment - significant impairment in most areas	$1,102.04
70%	Severe impairment - inability to function independently	$1,759.19
100%	Total impairment - complete inability to function socially or occupationally	$3,831.30

Important Notes on VA Compensation Rates:

Additional Compensation for Dependents: Veterans with dependents (spouse, children, or dependent parents) receive additional monthly compensation beyond the base rates shown above. At higher ratings (30% or greater), dependent compensation can add hundreds of dollars per month.
Annual Cost-of-Living Adjustments: VA disability compensation rates increase annually based on cost-of-living adjustments (COLA), ensuring benefits keep pace with inflation.
Combined Ratings: Veterans with multiple service-connected conditions receive a combined rating using VA math (not simple addition). A veteran with TBI at 70% plus other conditions could reach 100% combined.
TDIU Compensation: Veterans unable to work due to TBI symptoms may qualify for Total Disability Individual Unemployability, receiving compensation at the 100% rate ($3,737.85/month) even with ratings below 100%.
Retroactive Pay: When TBI claims are approved, veterans receive retroactive compensation back to the effective date of their claim, which can result in tens of thousands of dollars in back pay.

The difference between a 30% TBI rating and a 70% rating is over $1,000 per month—nearly $15,000 per year. Over the lifetime of a veteran's disability compensation, proper rating can mean hundreds of thousands of dollars in earned benefits. This is why fighting for the correct TBI rating is so financially critical for veterans and their families.

Many veterans with severe TBI symptoms are incorrectly rated at 10% or 30% when their true level of impairment warrants 70% or 100%. Our firm's expertise in TBI ratings ensures you receive the compensation that accurately reflects your disability. With correctly-rated service-connected TBI, veterans can receive substantial monthly disability compensation that provides financial security and recognition for their service-connected injuries.

Frequently Asked Questions About VA TBI Claims

How do I prove my traumatic brain injury is service-connected?

You need three things: a current TBI diagnosis, proof of an in-service event, and a medical nexus linking the two. Provide neurological or neuropsychological evaluations showing cognitive deficits and obtain an Independent Medical Opinion connecting your symptoms to the in-service trauma.

What VA disability rating can I receive for traumatic brain injury?

VA rates TBI from 0% to 100% under 38 CFR § 4.124a based on symptom severity across ten functional areas. Many veterans are underrated due to incomplete exams. Properly documented severe cases often qualify for 70% or 100%.

Why was my VA TBI claim denied?

Most denials stem from missing medical evidence, no nexus opinion, or poor VA exams. Undocumented in-service events and lack of neuropsychological testing are also common. A TBI appeals attorney can identify errors and strengthen your case.

Can I get VA benefits for secondary conditions related to my TBI?

Yes. Conditions like migraines, PTSD, sleep issues, balance problems, and vision changes can be rated separately if medically linked to your TBI. Proper nexus evidence for each condition can greatly increase your overall compensation.

How long does a VA TBI appeal take?

VA TBI appeals can take 12–24 months depending on complexity and route. Supplemental and Higher-Level Reviews average 4–5 months, while Board appeals may take 1–3 years and Court appeals 1–2 years or more. Submitting complete evidence and working with an experienced attorney can help speed things up.

What is the difference between mild, moderate, and severe TBI for VA purposes?

The VA classifies TBI by initial injury but rates based on current symptoms.

Mild: brief loss of consciousness (<30 minutes) or amnesia (<24 hours)
Moderate: loss of consciousness 30 minutes–24 hours or amnesia 1–7 days
Severe: loss of consciousness >24 hours or amnesia >7 days
Even mild TBIs can lead to serious long-term symptoms—memory, focus, or behavior issues—that qualify for higher ratings if well documented.

Why Choose Sean Kendall Law for Your TBI Claim

When your future depends on achieving proper recognition and compensation for service-connected traumatic brain injury, you need an attorney with proven experience, comprehensive medical knowledge, and unwavering commitment to veterans' rights.

Decades of Veterans TBI Experience

For over 35 years, attorney Sean Kendall has helped thousands of veterans win complex TBI claims and appeals through:

Expert evidence development and medical analysis
Coordination with top neurologists and neuropsychologists
Maximizing TBI ratings across all residual domains
Proven success before the Court of Appeals for Veterans Claims

Proven TBI Success Record

Our results include:

Service-connection wins for blast-related TBIs
Secondary mental and physical condition awards
70%–100% rating increases and TDIU victories
Nexus denials overturned through independent medical opinions
Earlier effective dates with major retroactive payments
Federal court reversals of wrongful BVA decisions

Comprehensive TBI Case Management

Every TBI case receives:

Full claim evaluation and tailored strategy
Thorough evidence development and expert access
Consistent updates and transparent communication
Aggressive pursuit of all TBI-related and secondary benefits

Contact Our Boulder Colorado TBI Attorneys Today

Don't let the VA deny your traumatic brain injury claim or undervalue your disability rating. With over 35 years of experience and hundreds of successful TBI cases, Sean Kendall Law has the expertise and dedication to secure the maximum disability benefits you deserve for your service-connected brain injury.

Get Your Free TBI Claims Evaluation

Why Act Now

Appeal Deadlines Apply: Veterans have limited time to appeal denied TBI claims
Evidence Preservation: Medical records and documentation can be lost over time
Financial Impact: TBI benefits provide substantial monthly compensation—delays cost money
Back Pay Potential: Earlier effective dates can result in years of retroactive compensation
Secondary Conditions Develop: Filing comprehensive claims now maximizes future benefits

Our office in Boulder, Colorado, serves U.S. Veterans around the world.

Contact us today at (303) 449-4773 or toll-free at 877-629-1712, or use our online contact form to schedule a free, no-obligation initial consultation. You can also learn more about your TBI claim in our free guide, VA Benefits Handbook.

Remember: You served our country with honor, sustaining injuries that continue to impact your life today. Now let us serve you with the dedicated legal representation you deserve. Every veteran with a service-connected traumatic brain injury has the right to fight for maximum benefits, and we won't stop until you receive the compensation you've earned.