Don't Settle for Less: Get Your Full 100% TBI Disability Rating

Traumatic Brain Injury (TBI) often results from sudden impact or trauma to the head, which causes damage to the brain. Explosive devices, falls, and motor vehicle crashes frequently generate TBI. The symptoms vary widely and can appear immediately following the incident or up to months or weeks after. The severity of TBI can range from short-term loss of consciousness to long-term memory loss and severe brain damage. Many recent studies show a link between PTSD and those who suffer from TBI. According to the VA, symptoms are divided into three main categories: physical, cognitive, and behavioral.

Many cases involving TBI patients require medical expertise and substantial documentation. Often, the VA does not properly evaluate TBI claims, and fails to fully address the long-term symptoms associated with the illness. It is best to contact a professional who has experience with TBI-related cases. Sean Kendall's office has worked with veterans claims for over 20 years. If you have questions about a TBI-related claim, contact us.

VA Disability Ratings for TBI: What You Can Receive

The VA rates TBI based on the level of social and occupational impairment. Here's how TBI disability ratings work:

VA disability for TBI

How to File a TBI Disability Claim: Step-by-Step Process

Gather Medical Evidence

Collect all medical records documenting your TBI, including military medical records, emergency room visits, neurological evaluations, and ongoing treatment records. The VA requires evidence of the initial brain injury and current symptoms.

Establish Service Connection

Provide evidence that your TBI occurred during military service. This includes incident reports, buddy statements, service medical records, and any documentation of the traumatic event that caused your brain injury.

Complete VA Form 21-526EZ or File Online

Submit your Application for Disability Compensation and Related Compensation Benefits. Include all supporting documentation and medical evidence with your claim.

Attend C&P Examination

The VA will schedule a Compensation & Pension exam to evaluate your TBI symptoms and their impact on your daily functioning. This examination is crucial for determining your disability rating.

Receive Rating Decision

The VA will issue a rating decision based on your medical evidence and C&P examination. If you disagree with the decision, you have one year to file an appeal.

Common Reasons TBI Claims Are Denied

Understanding why TBI claims are often denied can help you avoid these pitfalls:

  • Insufficient medical evidence - Lack of documented brain injury or current symptoms
  • Missing service connection - Inability to prove the TBI occurred during military service
  • Inadequate C&P examination - Examiner fails to properly assess the full extent of TBI symptoms
  • Incomplete application - Missing documentation or improperly filled forms
  • Delayed filing - Waiting too long to file can make it harder to establish service connection
  • Misunderstanding of symptoms - VA doesn't recognize all TBI-related symptoms as connected to the brain injury

Frequently Asked Questions About TBI Claims

Can I get VA disability for mild TBI?
 
Yes, you can receive VA disability benefits for mild TBI. Even mild traumatic brain injuries can have significant long-term effects on your daily functioning. The VA rates TBI based on the level of impairment, not the initial severity of the injury.
 
How long does it take to get a TBI disability rating?
 
TBI disability claims typically take 4-6 months to process, but complex disabilities can take longer. For example, claims with overlapping mental health conditions, such as PTSD may extend the timeline. The processing time depends on the completeness of your medical evidence and the complexity of your case. This timeframe does not include time spent on appeals if your initial claim is denied.
 
What if my TBI symptoms appeared years after service?
 
You can still file a claim for TBI even if symptoms appeared years after service. TBI symptoms can be delayed, and the VA recognizes this. You'll need medical evidence linking your current symptoms to your military service.
 
Can I get benefits for TBI and PTSD together?
 
Yes, many veterans have both TBI and PTSD as separate service-connected conditions. These conditions often occur together and can be rated separately, potentially increasing your total disability compensation.

Let us get in the fight with you

If you have experienced any of the symptoms mentioned above and think it might be linked to your time in the service, or if you've been previously denied benefits and want to begin the appeals process, we can help. Contact us now online or call us at (303) 449-4773