Veterans that suffer from traumatic brain injuries (TBI), or from the residuals of TBI, should file claims for their conditions. TBI claims can be some of the most complex claims for VA raters and C&P Examiners. It is common for a Veteran to receive a decision denying service connection for a TBI claim, only to have that denial reversed on appeal. As a result, it is critical that continue the appeals process if VA has denied your claim for TBI.
TBI Claims Can Be Difficult for VA to Adjudicate
There are many causes, symptoms, and co-occuring conditions that may be related to a TBI claim. In addition, Veterans are eligible for benefits for any residual symptoms that remain after the original injury begins to heal. Also, if you suffer from service-connected TBI or residuals, you may receive benefits for any other conditions that are caused or aggravated by your TBI. It is often more favorable for you to file your claim within the first year of discharge. However, even if you do not file within the first year, VA will still be able to grant your TBI claims. It is often helpful to file your TBI claim as soon as you have developed an adequate record.
Pursuing a TBI claim or a claim for residuals of TBI can be tricky for both the Veteran and VA. Often times, it can be difficult for VA to find the right expert to conduct the TBI C&P Examination. Even if VA does provide you with the right expert, examiners often make mistakes that may not be apparent on the face of the report. Additionally, it can be difficult, if not impossible, for some doctors to distinguish TBI symptoms from symptoms of other conditions, such as PTSD. Lastly, it can be extremely difficult for Veterans to find the words to explain the cause, nature, and severity of their TBI symptoms.
In addition, VA uses a very confusing and tricky rating criteria in TBI Claims. It is often very difficult for many Veterans to understand the complexities of the TBI rating criteria. It is easy to overlook many common errors in TBI claims. If you do not understand aspects of your TBI Claim, you should contact a VA-accredited representative to answer your questions.
An Experienced Representative Can Help You Win Your Appeal If VA Denies Your Claim for TBI
Veteran Esquire Legal Solutions, PLLC, stands ready to help you appeal Veterans and their families with TBI claims. The Firm represents clients at the Court of Appeals for Veterans Claims, the Board of Veterans Appeals, and VA Regional Offices. Please contact Veteran Esquire Legal Solutions as soon as possible to schedule a free consultation with a veterans law attorney about your TBI appeal.