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Brain Injury Veterans (VA) Disability Benefits

It might be difficult to find a disability claim that seems to be more misunderstood than a traumatic brain injury (TBI). Not too long ago, new regulations were created due to the increased frequency of TBI claims. However, the process of filing for VA disability benefits for a brain injury is so complex, the Veteran Administration’s doctors often fail to make a correct and fair diagnosis.

This means many veterans are being wrongfully denied claims and missing out on different types of VA benefits they are rightly eligible to receive. A VA disability claim attorney can help file a claim for a service-related brain injury, and appeals when needed to ensure those who have served our country are compensated with the benefits they deserve.

The Difficulty in Diagnosing a Brain Injury

A traumatic brain injury can range from mild to severe. They are often misdiagnosed or overlooked because of other more prominent conditions like PTSD. Usually, a severe brain injury is easy to diagnose; it’s the mild brain injury that gets missed. If you have symptoms you think may be due to any kind of brain damage you suffered during your military service, you need a Veteran’s Benefits Lawyer fighting for you. First, try to identify some of the common symptoms of a brain injury. Look for signs like:

  • Frequent unexplained headaches
  • Seizures
  • Difficulties with remembering things
  • Fatigue
  • Extra sensitivity to sound or light
  • Loss of appetite
  • Difficulty concentrating
  • Changes in sleep patterns
  • Increased anxiety

New VA Regulations for Brain Injury

Since the VA has received an abundance of criticism for missing so many brain injury victims among veterans, a revision has been proposed for regulation 38 CFR 3.310. The goal is to help ensure more veterans who have suffered a brain injury qualify for VA disability benefits. The proposal recognizes five related illnesses either worsened or caused by a traumatic brain injury. Some of the illnesses presumed to be connected to a service-related TBI include:

  • Parkinson’s
  • Seizures
  • Dementia (within 15 years of a moderate to severe TBI diagnosis)
  • Depression
  • Hormone deficiency diseases

If you suffered a service-related brain injury, please contact Jackson & MacNichol Law Offices and let a veteran’s benefits lawyer assist you.

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