How VA Disability Ratings Work - Traumatic Brain Injury (TBI) (2022)

How VA Disability Ratings Work - Traumatic Brain Injury (TBI) (1)

How VA Disability Ratings Work - Traumatic Brain Injury (TBI) (2)

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How VA Disability Ratings Work - Traumatic Brain Injury (TBI) (4)

There are three main areas of dysfunction that may result from TBI and have profound effects on functioning:

  1. cognitive (which is common in varying degrees after TBI),

  2. emotional/behavioral, and

  3. physical.

Each of these areas of dysfunction may require evaluation.

Cognitive impairment is defined as decreased memory, concentration, attention, and executive functions of the brain.

Executive functions are goal setting, speed of information processing, planning, organizing, prioritizing, self-monitoring, problem solving, judgment, decision making, spontaneity, and flexibility in changing actions when they are not productive. Not all of these brain functions may be affected in a given individual with cognitive impairment, and some functions may be affected more severely than others. In a given individual, symptoms may fluctuate in severity from day to day. Evaluate cognitive impairment under the table titled “Evaluation of Cognitive Impairment and Other Residuals of TBI Not Otherwise Classified.”

Subjective symptoms may be the only residual of TBI or may be associated with cognitive impairment or other areas of dysfunction. Evaluate subjective symptoms that are residuals of TBI, whether or not they are part of cognitive impairment, under the subjective symptoms facet in the table titled “Evaluation of Cognitive Impairment and Other Residuals of TBI Not Otherwise Classified.” However, separately evaluate any residual with a distinct diagnosis that may be evaluated under another diagnostic code, such as migraine headache or Meniere's disease, even if that diagnosis is based on subjective symptoms, rather than under the “Evaluation of Cognitive Impairment and Other Residuals of TBI Not Otherwise Classified” table.

Evaluate emotional/behavioral dysfunction under §4.130 (Schedule of ratings—mental disorders) when there is a diagnosis of a mental disorder. When there is no diagnosis of a mental disorder, evaluate emotional/behavioral symptoms under the criteria in the table titled “Evaluation of Cognitive Impairment and Other Residuals of TBI Not Otherwise Classified.” This is why many TBI and other mental health ratings are combined.

Evaluate physical (including neurological) dysfunction based on the following list, under an appropriate diagnostic code: Motor and sensory dysfunction, including

  • pain, of the extremities and face;

    (Video) TBI VA Claims and Ratings: Traumatic Brain Injury

  • visual impairment;

  • hearing loss and tinnitus;

  • loss of sense of smell and taste;

  • seizures;

  • gait,

  • coordination, and balance problems;

  • speech and other communication difficulties, including aphasia and related disorders, and dysarthria (slurred speech);

  • neurogenic bladder;

  • neurogenic bowel;

  • cranial nerve dysfunctions

  • autonomic nerve dysfunctions; and

  • endocrine dysfunctions.

  • Prostrating headaches

The preceding list of types of physical dysfunction does not encompass all possible residuals of TBI. For residuals not listed here that are reported on an examination, evaluate under the most appropriate diagnostic code. Evaluate each condition separately, as long as the same signs and symptoms are not used to support more than one evaluation, and combine under §4.25 the evaluations for each separately rated condition. The evaluation assigned based on the “Evaluation of Cognitive Impairment and Other Residuals of TBI Not Otherwise Classified” table will be considered the evaluation for a single condition for purposes of combining with other disability evaluations

Consider the need for special monthly compensation for such problems as

  • SMC-K-loss of use of an extremity, certain sensory impairments, erectile dysfunction

  • SMC-T-the need for aid and attendance (including for protection from hazards or dangers incident to the daily environment due to cognitive impairment), being housebound, etc.

NOTE: In order to qualify for SMC-T, the Veteran must first qualify for SMC-L for Aid and Attendance (A&A). In order to qualify for SMC-L (A&A), the Veteran must first be rated at 100%.

Traumatic Brain Injury (TBI) is defined as damage to the brain resulting from external mechanical force, such as rapid acceleration or deceleration, impact, blast waves, or penetration by a projectile.

TBI can be from firearms, blast injuries from explosions, repetitive head injuries including boxing, personal assault including domestic violence or MST, vehicle accident, falls and basically anything that causes damage to the brain.

Unfortunately, when rating TBI the VBA (Veterans Benefits Administration) uses many different names for TBI. This can result in confusion

Sometimes a Veteran may think they are not already rated for TBI when they actually are.

One big issue is the major symptoms of TBI also are the same symptoms for mental health ratings. So, a rating for PTSD or Major Depressive Disorder may have a phrase like the below list or something similar. Or, the TBI may be rated at 0% along with a mental health rating. So, the Veteran continues to file for TBI or an increase and gets frustrated when the VBA denies the claim because it is already rated. Unfortunately the explanation in the letter you receive is not always clear.

Some names for TBI.

  • Acquired brain injury (ABI)

  • Status post closed head injury

  • Concussion

  • Head injury

  • Anoxia (loss of oxygen) due to trauma

  • Subdural hematoma

  • Brain contusion

  • Diffuse axonal injury (DAI)

  • Penetrating skull injury

  • Intracranial injury

Consult your advocate if this is a question for you. They can explain if you are already rated for TBI.

TBI Residuals Table

Step 1: First, sort each symptom into one of these categories.

Step 2: Next, look at all the symptoms in a single category and assign a level of impairment for that category based on the criteria for each level. (Remember, you are looking at all the symptoms in that category together. If one symptom only troubles you once a week, and another troubles you twice a week, then the symptoms cause problems 3 days a week.) If there are no symptoms in a category, that category is assigned a level of impairment of 0.

Step 3: Once each category has a level of impairment, determine which has the highest level of impairment.

Step 4: The highest level is then translated into the final rating for these remaining symptoms using this table.

EXAMPLE:

If the highest level is 2, the final overall rating is 40%. This would then be the final rating for these extra symptoms. Only the 1 rating is given for all these symptoms, no matter how many there are.

Circle each score. Use the sections to make notes for a Compensation & Pension (C&P) exam or for any review. Take the sheet with you for the exam to refer to. If it is neat, you can sign the bottom with this statement and submit with a claim as part of the claim as lay evidence. You should speak with your advocate (accredited VSO, accredited claims agent or accredited attorney) before submitted any evidence.

“I CERTIFY THAT the statements on this document are true and correct to the best of my knowledge and belief.”

Have a family member, friend or spouse score another copy. It is sometimes difficult for the person with the TBI to self-evaluate effectively.

How VA Disability Ratings Work - Traumatic Brain Injury (TBI) (5)

(Video) VA Disability Compensation for TBI and PTSD

How VA Disability Ratings Work - Traumatic Brain Injury (TBI) (6)

How VA Disability Ratings Work - Traumatic Brain Injury (TBI) (7)

How VA Disability Ratings Work - Traumatic Brain Injury (TBI) (8)

How VA Disability Ratings Work - Traumatic Brain Injury (TBI) (9)

How VA Disability Ratings Work - Traumatic Brain Injury (TBI) (10)

How VA Disability Ratings Work - Traumatic Brain Injury (TBI) (11)

How VA Disability Ratings Work - Traumatic Brain Injury (TBI) (12)

(Video) How TBI and PTSD work together with mental health and headaches for your VA Disability claim

How VA Disability Ratings Work - Traumatic Brain Injury (TBI) (13)

Now that we have all the Level of Impairments assigned to each category, we need to find which is the highest cumulative score.

Take each score and place into the below chart.

How VA Disability Ratings Work - Traumatic Brain Injury (TBI) (15)

How VA Disability Ratings Work - Traumatic Brain Injury (TBI) (16)

A Traumatic Brain Injury (TBI) is a disruption of brain function resulting from a blow, jolt or repeated jolts to the head or penetrating head injury. A closed head injury occurs when the brain is not exposed, also called non-penetrating or blunt injury. A penetrating head injury, or open head injury, occurs when an object pierces the skull and breaches the dura mater, the outermost membrane of surrounding the brain.

There are several signs and symptoms of TBI to be aware of after a head injury. These include:

  • any loss of consciousness

    (Video) How is VA TBI Rating Determined?

  • attention issues

  • headaches

  • change in vision

  • dizziness

  • loss of balance

  • sleep disturbances

  • nausea

  • irritability

  • word-finding difficulties

  • confusion

Memory loss is the most common cognitive impairment including loss of memory of the actual event that caused the TBI. Some people seek treatment for a TBI when they find themselves having difficulty walking a straight line. Others look for help when they have speech issues caused by muscle weakness that causes disordered speech. TBI commonly has neurobehavioral effects like depression and personality changes, as well as chronic pain and substance abuse disorder. A neurologist can link these symptoms to a TBI, ruling out other causes.

In addition to these generalized symptoms, TBI patients commonly suffer functional vision problems. These symptoms include:

  • difficulty focusing

  • double vision

  • difficulty reading

  • sensitivity to light

  • aching eyes

  • loss of visual field

To break down the numerical system of the rating, the VA evaluates TBI at 0, 10, 40, 70, and 100 percent. They recognize that there are certain cases so severe that warrant a rating higher than 100%, such as when the Veteran cannot work due to the injury or need help with Activities of Daily Living (ADL) or Instrumental Activities of Daily Living (IADL). These ratings are called special monthly compensation (SMC). There is a specific one just for TBI called SMC-T.

In order to be eligible for SMC-T, a Veteran must show several factors:

  1. The Veteran needs aid and attendance

  2. Without in-home aid and attendance, the Veteran would require hospitalization, nursing home care, or another type of residential institutionalized care.

  3. The Veteran doesn’t otherwise qualify for a higher level of Aid & Attendance under 38 U.S.C.S. § 1114 (R-2).

To break this down further, the VA has a special definition for “aid and attendance.” A Veteran must show that they are in need of aid and attendance by proving that they have the inability to perform specific daily functions called Activities of Daily Living (ADL). This includes:

  • Inability to dress and undress without assistance

  • Inability to stay clean and presentable without assistance

  • Inability to feed themselves without assistance

  • Inability to attend to the wants of nature

  • Exposure to hazards and dangers incident to daily environment

If a Veteran can prove all of the above factors to be true, they may be eligible for a 100% rating or more. This then makes them eligible for special monthly compensation for their injuries.

The Veteran should have their doctor fill out the VBA Form 2680 if applying for SMC-T.

https://www.vba.va.gov/pubs/forms/vba-21-2680-are.pdf

In 2013 the VBA recognized several assumed secondary conditions.

  • Parkinsonism (including Parkinson’s Disease) following moderate or severe TBI

  • Dementias (presenile dementia of the Alzheimer’s type, frontotemporal dementia, and dementia with Lewy bodies) that develops within 15 years of moderate or severe TBI

  • Unprovoked seizures following moderate or severe TBI

  • Depression that manifests within three years of moderate or severe TBI or within 12 months of mild TBI

  • Disease of Hormone Deficiency (resulting from hypothalamo-pituitary changes) that manifests with 12 months of moderate or severe TBI

As for determining the severity of a TBI, there are several factors that the VA considers. These include:

  • structural imaging,

  • loss of consciousness,

  • alteration of consciousness/mental state, and

  • post-traumatic amnesia.

They also use the Glasgow coma scale in their assessment if the Veteran’s TBI resulted in a coma. Depending on the severity and combination of these factors, the VA classifies the TBI as mild, moderate, or severe. However, it’s important to note that a Veteran doesn’t need to demonstrate all of these factors to fit into one level of severity. The Veteran also would qualify for the highest level of severity if they meet the criteria for multiple levels.

Again, if the TBI is severe enough and the secondary condition appeared within the listed time frame, a private medical opinion (nexus) is not necessary. However, keep in mind that it can still be helpful to gather evidence when applying for secondary service connection. And this can include past medical reports. By collecting this evidence, you are helping to ensure a more accurate VA evaluation. You can also avoid seeking a medical opinion while the evaluation is ongoing.

Physical Symptoms: Physical symptoms are ones that directly affect the functioning of the body, whether moving muscles or beating the heart. These may be rated separately depending on current diagnosis and chronicity.

  • Vision problems can be rated. This includes damage to the oculomotor nerve.

  • Hearing problems, including tinnitus

  • Total loss of smell and taste can be rated.

  • Damage to the skull bone. A skull injury can only be rated if there is a hole in the skull. Any other skull bone injury will heal and so is not ratable.

  • Slowed breathing and respiratory failure and defects of the chest wall that keep the lungs from inflating.

  • If it is a direct result of TBI, paralysis or difficulty moving any body part is caused by damage to the nerve that controls it.

    • Numbness and tingling anywhere in the body that is caused by nerve damage.

    • The inability to speak or the impaired ability to speak (dysarthria, aphonia) because of physical causes, like the necessary muscles are unable to move, is caused by damage to one or more of the cranial nerves (although only one nerve can be rated for this symptom), whichever nerve is most affected.

    • The inability to swallow is rated as impairment of the glossopharyngeal nerve or the hypoglossal nerve, whichever is damaged the most.

    • Difficulty chewing is rated as impairment of the trigeminal nerve.

    • Paralysis of the facial muscles is rated as impairment of the facial nerve.

    • Seizures: In 25-50% (depending on the severity) of cases, individuals affected by TBI experience seizures within days of the initial trauma. In the majority of these cases, the seizures stop within a week. If they continue beyond a week, then a seizure disorder can be diagnosed and rated. Similarly, seizures may not begin immediately, but may begin months or years after the initial injury. In these cases, there must be proof that the seizures are directly related to the TBI with a nexus letter. All seizure conditions are rated as the Epilepsy and Seizures.

    • Twitching or tremors of the muscles can either be rated as Athetosis or as Sydenham’s Chorea, whichever is diagnosed.

  • Migraine headaches are rated separately.

  • Pain is often a result of TBI. Since the nerves sense pain, any nerve damage will most likely also have pain in whatever area that nerve affects. Not all pain caused by TBI is a result of nerve damage, though. Pain itself can be rated as Somatic Symptom Disorder and the minimum rating that condition can have is 10%. If already rated for a mental health condition this will be placed under that rating.

  • Urinary Incontinence can occur when the nerves to the muscles that control urination are damaged. This is rated as voiding dysfunction caused by a neurogenic bladder, not under the damaged nerve.

  • Bowel Incontinence occurs when the nerves that control bowel movements are damaged. This is rated as a neurogenic bowel, not under the damaged nerve.

  • Problems staying balanced are rated under Balance Disorders.

  • Nausea and vomiting are not rated.

  • Muscle cramps are not rated.

  • Dizziness is not rated but may be under balance disorders depending on chronicity.

  • Insomnia or other trouble sleeping is rated as a mental health symptom.

  • Loss of coordination could include bumping into things, dropping things, inability to play sports, difficulty driving safely, trouble working with machinery, etc. is not rated.

    (Video) How to Get a VA Rating for Traumatic Brain Injury (TBI)

  • Increased sensitivity to light or sound is not rated but can be a symptom of migraines.

  • Increased fatigability is how fast the body becomes tired during physical activities and may be rated as Chronic Fatigue Syndrome if diagnosed.

FAQs

How is TBI severity calculated? ›

Our current tools to assess the severity of TBI include level of consciousness, usually assessed with the Glasgow Coma Scale (GCS), and duration of PTA, assessed using tools such as the Galveston Orientation and Amnesia Test (GOAT) or Westmead PTA scale [10,11].

What are the residuals of TBI? ›

What Are Residual TBI Effects? TBI residuals are the resulting disabling effects beyond those that follow immediately from the TBI event. VA will assess your injury based on the residual symptoms that you currently have as the result of the trauma.

What is the highest VA rating for TBI? ›

How Does The VA Rating For TBI Work? The VA rates TBI at 0, 10, 40, 70, and 100 percent. They recognize that there are certain cases so severe that warrant a rating higher than 100%, such as when the veteran cannot work due to the injury.

What percentage of TBI are severe? ›

The most common injury is concussion/mTBI, which accounted for 242,676 (82.5%) of the injuries, followed by moderate TBIs (23,754; 8.1%), not classifiable (20,433; 6.9%), penetrating (4389; 1.5%), and severe (2920; 1%).

How does VA diagnose TBI? ›

Assessment of a TBI's initial severity is measured by: The results from MRI, PET, CT, or other medical imaging scans. The length of time that a veteran faced an altered state of consciousness. The length of time that a veteran remained unconscious.

What is considered a moderate TBI? ›

Moderate TBI is classified as having a GCS score between 9 and 12. Post-traumatic amnesia may be greater than 1 day but less than 7. Loss of consciousness for more than 30 minutes may also be present although the criterion for this score is loss of consciousness for less than 24 hours.

What is the criteria for 70% TBI disability rating? ›

For example, a 70 percent rating is assigned if 3 is the highest level of evaluation for any facet. Id. The rating assigned is based upon the highest level of severity for any facet of cognitive impairment and other residuals of TBI not otherwise classified as determined on examination.

What is the criteria for 40% TBI disability rating? ›

If the Veteran's TBI residuals qualify as “total” severity in any of the facets, then the veteran is entitled to a 100 percent disability rating. If the highest level of severity is a 3, then the disability rating will be 70 percent. If the highest level of severity is a 2, then 40 percent will be assigned.

How much does the VA give for TBI? ›

Sometimes TBI is so severe that veterans require more care than they're able to give themselves. Veterans eligible for Aid and Attendance may be eligible for significantly increased monthly compensation in the form of special monthly compensation for TBI (SMC-T). This additional monthly compensation starts at $9.535.

Will VA rate TBI and PTSD separately? ›

Will VA Rate TBI and PTSD Separately? Since TBI and PTSD share certain symptoms, it is important to note that the same symptoms cannot be used to rate two separate disorders. Pyramiding is the VA term for rating the same disability – or same manifestation (i.e., symptom) of a disability – twice.

Is TBI permanent? ›

The effects of moderate to severe TBI can be long lasting or even permanent. While recovery and rehabilitation are possible, most people with moderate to severe TBI face life challenges that will require them to adapt and adjust to a new reality.

Does mild TBI cause long term impairment? ›

Over 80 percent of patients with mild traumatic brain injury will recover quickly and fully with no long-term effects. Less than 20 percent of patients may have some longer lasting, or even permanent, symptoms. Persistent headaches, memory loss, anxiety, and depression are the most common lasting problems.

What happens after a severe TBI? ›

From the outside, you may look like the same old you, but inside, you feel different. You may have difficulty moving, speaking or concentrating. You may have lingering physical and emotional symptoms like headaches, nausea, sleep disorders and mood changes.

How do I prove TBI to VA? ›

The VA will use the following evidence to rate TBI as mild, moderate, or severe:
  1. MRI, PET, or other scans.
  2. length of an altered mental state or altered state of consciousness.
  3. length of loss of consciousness.
  4. length of amnesia, and.
  5. score on the Glasgow Coma Scale (a test used after head injuries).

When did the VA recognize TBI? ›

Although VBA policy allowed generalist clinicians to conduct certain TBI medical examinations, in May 2016, the then VA Secretary deemed all veterans with initial TBI medical examinations conducted from 2007 through 2015 to be eligible for reexamination if one of the four designated specialists had not conducted the ...

What is the difference between mild TBI and severe TBI? ›

Traumatic brain injury is classified as mild, moderate, or severe. When a person receives a trauma to the head that results in more than 30 minutes of unconsciousness, but less than 24 hours, they have a moderate TBI. When loss of consciousness lasts more than 24 hours, a person has a severe TBI.

How do you define mild TBI? ›

DEFINITION. A patient with mild traumatic brain injury is a person who has had a traumatically induced physiological disruption of brain function, as manifested by at least one of the following: 1. any period of loss of consciousness; 2. any loss of memory for events immedi ately before or after the accident; 3.

What is a complicated mild TBI? ›

Mild traumatic brain injuries can be further sub-classified as complicated MTBI and uncomplicated MTBI. A complicated MTBI is characterized when a person has a Glascow Coma Score of 13-15, but shows some structural abnormality like edema, hematoma, or contusion on either a CAT scan or an MRI.

How do I get TBI SMC T? ›

Eligibility for SMC-T requires that the Veteran be in need of nursing home care, residential institutional care without in-home aid and attendance services, or even hospitalization for their TBI.

What Dbq is used for TBI? ›

The C&P examiner evaluates the degree of impairment, functional limitation, and disability, which is recorded in the Disability Benefits Questionnaire (DBQ), which is unique to residuals of TBI (see Appendix D).

How is TBI classified into mild moderate or severe? ›

Duration of Loss of Consciousness

Describing alteration in consciousness duration: Mild (mental status change or loss of consciousness [LOC] < 30 min), Moderate (mental status change or LOC 30 min to 6 hr), Severe (mental status change or LOC > 6 hr)

How is the TBI classified as mild moderate and severe? ›

TRANSCRIPT. Traumatic brain injury is classified as mild, moderate, or severe. When a person receives a trauma to the head that results in more than 30 minutes of unconsciousness, but less than 24 hours, they have a moderate TBI. When loss of consciousness lasts more than 24 hours, a person has a severe TBI.

What is the difference between mild moderate and severe brain injury? ›

What is a Moderate or Severe Traumatic Brain Injury (TBI)? A moderate or severe traumatic brain injury is when trauma to the head or body causes a loss of consciousness lasting longer than 30 minutes. Mild traumatic brain injuries result in concussions or feelings of confusion that last 30 minutes or less.

What is severe TBI? ›

A severe TBI is a term used when a person experiences an extended period of unconsciousness (coma) or amnesia following trauma.

How is TBI measured? ›

Healthcare providers who suspect TBI will usually take images of a person's brain. These image tests can include: Computerized tomography (CT). A CT (or “CAT”) scan takes X-rays from many angles to create a complete picture of the brain.

What is the criteria for 40% TBI disability rating? ›

If the Veteran's TBI residuals qualify as “total” severity in any of the facets, then the veteran is entitled to a 100 percent disability rating. If the highest level of severity is a 3, then the disability rating will be 70 percent. If the highest level of severity is a 2, then 40 percent will be assigned.

What are at least 5 symptoms of mild traumatic brain injury? ›

Symptoms of mild TBI and concussion
PhysicalThinking and RememberingSleep
Dizziness or balance problemsFeeling slowed downSleeping more than usual
Feeling tired, no energyFoggy or groggyTrouble falling asleep
HeadachesProblems with short- or long-term memory
Nausea or vomiting (early on)Trouble thinking clearly
2 more rows

Does mild TBI cause long term impairment? ›

Over 80 percent of patients with mild traumatic brain injury will recover quickly and fully with no long-term effects. Less than 20 percent of patients may have some longer lasting, or even permanent, symptoms. Persistent headaches, memory loss, anxiety, and depression are the most common lasting problems.

What is the duration of mild traumatic brain injury symptoms? ›

Symptoms of Mild TBI/Concussion

The majority of patients with mild TBI have these symptoms and recover completely in a week to three months. If you are older than 40, it may take a bit longer to return to normal. Symptoms often disappear without any special treatment.

How do you define mild TBI? ›

DEFINITION. A patient with mild traumatic brain injury is a person who has had a traumatically induced physiological disruption of brain function, as manifested by at least one of the following: 1. any period of loss of consciousness; 2. any loss of memory for events immedi ately before or after the accident; 3.

How do you classify a TBI? ›

TBI can be classified by area involved, as in diffuse or focal, although the two types frequently coexist. Primary injury is due to the immediate mechanical force, whether blunt, penetrating, or blast, and may include the following: Concussion. Skull fracture.

Is TBI brain damage? ›

Traumatic brain injury (TBI), a form of acquired brain injury, occurs when a sudden trauma causes damage to the brain. TBI can result when the head suddenly and violently hits an object, or when an object pierces the skull and enters brain tissue.

What is a Level 2 TBI? ›

Level 1— No Response: Person appears to be in a deep sleep. Level 2 — Generalized Response: Person reacts inconsistently and not directly in response to stimuli. Level 3 — Localized Response: Person reacts inconsistently and directly to stimuli. Level 4 — Confused/Agitated: Person is extremely agitated and confused.

Veterans with a diagnosis of mild, moderate, or severe TBI in a medical record should be aware that those labels are not a standard the VA uses to determine a disability rating.. The VA rates the residuals of traumatic brain injury with diagnostic code 8045 in the Schedule for Rating Disabilities.. Emotional/behavioral residuals are mental disorders that the VA rates using the General Rating Formula for Mental Disorders in the Schedule for Rating Disabilities.. “I operate on a TBI rule of three, which is that if you are pursuing a traumatic brain injury claim, you should almost always develop claims for mental health and headaches,” Evans said.. Building a VA disability claim for TBI or appealing a VA decision can be complicated.

Evaluate cognitive impairment under the table titled “Evaluation of Cognitive Impairment and Other Residuals of TBI Not Otherwise Classified.”. Evaluate subjective symptoms that are residuals of TBI, whether or not they are part of cognitive impairment, under the subjective symptoms facet in the table titled “Evaluation of Cognitive Impairment and Other Residuals of TBI Not Otherwise Classified.” However, separately evaluate any residual with a distinct diagnosis that may be evaluated under another diagnostic code, such as migraine headache or Meniere's disease, even if that diagnosis is based on subjective symptoms, rather than under the “Evaluation of Cognitive Impairment and Other Residuals of TBI Not Otherwise Classified” table.. When there is no diagnosis of a mental disorder, evaluate emotional/behavioral symptoms under the criteria in the table titled “Evaluation of Cognitive Impairment and Other Residuals of TBI Not Otherwise Classified.” This is why many TBI and other mental health ratings are combined.. Evaluate each condition separately, as long as the same signs and symptoms are not used to support more than one evaluation, and combine under §4.25 the evaluations for each separately rated condition.. The evaluation assigned based on the “Evaluation of Cognitive Impairment and Other Residuals of TBI Not Otherwise Classified” table will be considered the evaluation for a single condition for purposes of combining with other disability evaluations. TBI can be from firearms, blast injuries from explosions, repetitive head injuries including boxing, personal assault including domestic violence or MST, vehicle accident, falls and basically anything that causes damage to the brain.. Unfortunately, when rating TBI the VBA (Veterans Benefits Administration) uses many different names for TBI.. Sometimes a Veteran may think they are not already rated for TBI when they actually are.. Or, the TBI may be rated at 0% along with a mental health rating.. The inability to speak or the impaired ability to speak (dysarthria, aphonia) because of physical causes, like the necessary muscles are unable to move, is caused by damage to one or more of the cranial nerves (although only one nerve can be rated for this symptom), whichever nerve is most affected.. Pain itself can be rated as Somatic Symptom Disorder and the minimum rating that condition can have is 10%.

Note: The classification (mild, moderate, severe) measured by the table above has no bearing on VA ’s evaluation for a rating decision, only to measure the initial severity of a TBI.. VA should be considering all residuals in its evaluation of a veteran’s TBI; however, if the veteran feels more comfortable filing for a residual condition separately, then they are entitled to do so.. Depression : Presumed to be service-connected if diagnosed within three years of moderate or severe service-connected TBI or within one year of mild TBI.. VA evaluates a TBI based on the residual symptoms a veteran is currently experiencing as a result of the trauma, according to an Evaluation of Cognitive Impairment and Other Residuals of TBI not Otherwise Classified, under 38 CFR § 4.124a .. For instance, if you receive a 100 percent disability rating for your depression under the TBI rating criteria, you cannot also be separately rated at 100 percent for your depression.. In other words, if veterans experience both mental health and TBI symptomology VA will only provide one disability rating.. 0 percent disability rating: $0.00 per month 10 percent disability rating: $152.64 per month 20 percent disability rating: $301.74 per month 30 percent disability rating: $467.39 per month 40 percent disability rating: $673.28 per month 50 percent disability rating: $958.44 per month 60 percent disability rating: $1,214.03 per month 70 percent disability rating: $1,529.95 per month 80 percent disability rating: $1,778.43 per month 90 percent disability rating: $1,998.52 per month 100 percent disability rating: $3,332.06 per month. If you are a veteran suffering from a TBI and its residuals, you may be eligible to receive disability compensation from VA.

Traumatic Brain Injury (TBI) is one of the most common injuries found in former combat veterans.. A Traumatic Brain Injury (TBI) is a disruption of brain function resulting from a blow or jolt to the head or penetrating head injury.. These symptoms include:. If you make a claim for disability compensation, it’s important to understand the VA disability rating criteria for TBI, as well as the medical evidence and symptoms that they review to arrive at the rating.. However, if documentation was not completed at the time of the incident, establishing a service connection for TBI must include three vital things.

To accomplish this, a veteran’s claim and the evidence that the VA develops must show three things: (1) that the veteran has a current disability due to residuals of a TBI, (2) that the veteran had an in-service injury, and (3) that there is a connection between the current disability and the in-service injury.. The VA may order the veteran to attend a Compensation & Pension examination, at which a VA clinician or third-party contractor will examine the Veteran and provide a medical opinion on the nature and severity of the veteran’s condition.. Once a service connection is granted, the VA will assign a disability rating based on the severity of the residual symptoms of a TBI.. If those depressive symptoms would warrant a higher disability rating under the VA’s rating criteria for mental disorders , then a rating under the mental disorder criteria would be assigned, and those mental symptoms couldn’t also get an additional rating under the TBI criteria.. For TBI symptoms that do not fall under other VA disability rating criteria for mental or physical disabilities, or that are rated higher under the TBI rating criteria, the VA will consult a series of tables and regulations to determine the correct TBI disability rating.. Under the TBI criteria, disability can be rated as 0, 10, 40, or 70 percent disabling based on the number and severity of symptoms that fall into three different categories of symptoms:. The VA rating criteria provide a table of ten “facets” cognitive and subjective symptoms of TBI and levels of severity for each that are assigned a point value.. The VA will consider what level of severity the veteran’s TBI symptoms fall into for each facet, and then assign a corresponding VA disability rating.. A veterans overall disability rating for TBI disability is based on the highest level of severity in any one of the ten facets of TBI residuals.. If the Veteran’s TBI residuals qualify as “total” severity in any of the facets, then the veteran is entitled to a 100 percent disability rating.. And if none of the facets is assigned a point value higher than 0, then the VA will assign a 0 percent noncompensable disability rating—meaning the veteran will not receive any monthly compensation even though a TBI disability has been proven related to service.

Video about how TBI and PTSD work together for VA Disability ClaimsThe VA rates TBI (diagnostic code is 8045 for residuals of traumatic brain injury) based on the following categories:. Along with the TBI rating, you want to also seek a PTSD rating because so many of the symptoms are linked.. Because of the overlap between mental health ratings, TBIs, and headache ratings, it is best to develop TBI alongside that of mental health and headaches if you are pursuing a traumatic brain injury claim.. Knowing what symptoms are caused by PTSD, TBI, or other spinal or neurological injuries depends on the doctors writing the report for the VA. TBI is unlikely to get a permanent disability rating since it is often a disability that can improve over time.. Since TBI is viewed as a disability that will slowly improve, you might be able to get back into the workforce after a period of TBI disability.. There are even separate events where a traumatic event happened apart from the TBI, but because of the symptoms of the TBI, the PTSD was made worse.. While disability claims for TBI need to be done as close to the injury as possible, that shouldn’t discourage you from looking into a VA disability claim if it’s been a long time.. If you are a family member of a vet that is already getting VA disability but you are concerned that the rating needs to be increased or that a PTSD rating needs to be added to what he or she already has, you can also call us.. There is, however, an increased risk of PTSD in people that have experienced a TBI, especially in the circumstances surrounding the TBI event.. How do I know if I need to get disability for PTSD or TBI or Both?. Can I Work and Get TBI and PTSD Disability?

Traumatic Brain Injury (TBI) is one of the most common injuries found in former combat Veterans.. Understanding Traumatic Brain Injury & VA Ratings. A Traumatic Brain Injury (TBI) is a disruption of brain function resulting from a blow or jolt to the head or penetrating head injury.. These symptoms include:. If you make a claim for disability compensation, it’s important to understand the VA disability rating criteria for TBI, as well as the medical evidence and symptoms that they review to arrive at the rating.. What symptoms does the VA review?. How Does The VA Rating For TBI Work?. To break this down further, the VA has a special definition for “aid and attendance.” A Veteran must show that they are in need of aid and attendance by proving that they have the inability to perform specific daily functions.. This means that the Veteran has other conditions that developed as a secondary result of TBI.. The VA determines a Veteran’s eligibility for secondary service connection based on the severity of the TBI, as well as the time between the original injury and the onset of the associated medical condition.. More often than not, a Veteran may not seek treatment for TBI symptoms until discharge from service.

As defined by the CDC, a traumatic brain injury ( TBI ) is a “disruption in the normal function of the brain caused by a bump, blow, or jolt to the head, or penetrating head injury.” Any damage to the brain that impacts how a person functions after the event has occurred can be labeled as a TBI.. The VA may only provide one disability rating even if a veteran is experiencing symptoms from both TBI and mental health conditions.. The VA uses code 38 CFR § 4.124a – Schedule of ratings – neurological conditions and convulsive disorders to rate TBI in veterans based on medical imagine, trauma assessments, and the severity of symptoms.. Scale ValueVA TBI Rating00 percent110 percent240 percent370 percentTotal100 percentThe TBI VA ratings are based on 10 categories created by the VA that address the residual symptoms.. A current diagnosis — A diagnosis from a medical professional that states you currently have a TBI or are experiencing symptoms as a result of a TBI.

VA rates traumatic brain injuries based on the residual symptoms a veteran is currently experiencing because of the trauma under 38 CFR § 4.124a .. 10% –Occupational and social impairment due to mild or transient symptoms which decrease work efficiency and ability to perform occupational tasks only during periods of significant stress, or symptoms controlled by continuous medication.. Since TBI and PTSD share certain symptoms, it is important to note that the same symptoms cannot be used to rate two separate disorders.. For example, a veteran is service connected for PTSD due to an in-service combat event and experiences flashbacks, hypervigilance, social isolation, and has severe trouble falling and staying asleep (i.e., sleep impairment ) and is highly irritable around others.. Sleep impairment and irritability , in addition to being symptoms of PTSD, are core symptoms of traumatic brain injury as well.. If the veteran was being rated for just one of these conditions , sleep impairment and irritability would both be factored into a VA rater’s assessment of the veteran’s TBI or PTSD rating.. However, if the veteran is diagnosed with PTSD and TBI, certain symptoms/residuals (i.e., sleep impairment) can only be factored into the rating for one condition, not both .. In this example, VA might consider the veteran’s sleep impairment and irritability when rating the TBI but not the PTSD.. Veterans who suffer debilitating residuals of a TBI may qualify for SMC(T) , a level of special monthly compensation reserved specifically for veterans who have suffered traumatic brain injuries.. The Veteran needs regular Aid and Attendance for residuals of a TBI The Veteran is not eligible for a higher level of A&A under SMC (R)(2) The Veteran would need hospitalization, nursing home care, or other residential institutional care without in-home A&A. Starting December 31, 2021, a 100 percent disability rating would equal $3,332.06 per month for PTSD or TBI, while a 50 percent disability rating would equal $958.43 per month .. However, for veterans who are rated for multiple conditions, such as TBI and PTSD, will receive a combined disability rating that may result in increased compensation.. For example, a 30 percent PTSD rating and 10 percent TBI rating would be combined using VA Math to equal a 37 percent combined rating, resulting in 40 percent combined rating .

When it comes to veterans disability benefits for traumatic brain injury (TBI) and posttraumatic stress disorder (PTSD), many people are unsure of how the two conditions are related, or which condition is worse.. To receive service-connected benefits for PTSD, a veteran must have a current diagnosis of PTSD from a qualified mental health professional (VA C&P Exam can help you here), as well as evidence that the symptoms began during active military service or within one year of discharge.. To receive service-connected benefits for TBI , a veteran must have a current diagnosis of TBI from a qualified medical professional, as well as evidence that the symptoms began during active military service or within one year of discharge.. Another difficulty in claiming benefits for both TBI and PTSD can be that the veteran’s condition does not meet the required diagnostic codes.. If you are a veteran suffering from TBI and/or PTSD, you may be eligible for disability benefits from the VA. OEF and OIF veterans should seek an evaluation immediately due to their increased exposure to IEDs.. Remember, in order to qualify for these benefits, you must have a current diagnosis of TBI or PTSD as well as evidence that the symptoms began during active military service or within one year of discharge, and you must establish a nexus between your time in service and your TBI or PTSD.. VA SMC (t) for TBI SMC-T is a type of VA disability benefit specifically for Veterans with severe Traumatic Brain Injury (TBI).

Evaluation of diseases of the urethra, penis, testes, and scrotum, producing pain on urination, swelling, blood in urine or incontinence.. Evaluation of arm limitation of function, dislocation, alteration in joint function, incomplete movements, deformity, dislocation, nonunion, and fracture complications : frozen shoulder.. Conditions that are not in the VASRD are rated “analogously” with a condition that is in the VASRD.. If you have sinus headaches that are severe enough to be eligible for a rating, then they can be rated under the VASRD Code for migraine headaches, since that is the condition that is closest to your condition and would be expected to cause a similar degree of disability.. Often conditions have more than one name (sometimes three or four).. For analogous codes, if your condition is not listed on this page, you may still be able to figure it out on your own.. Simply find the code that best describes your condition.. It is impossible for us to cover every analogous code or equivalent condition.

There are three main areas of dysfunction that need to be evaluated when considering veterans disability benefits for TBI.. Emotional & Behavioral Symptoms of TBI Emotional symptoms of TBI include PTSD, depression, anxiety and other mental disabilities.. While the new VA disability rating system was expanded to acknowledge the complexity of TBI, it doesn’t necessarily make TBI easier to diagnose.. Physical symptoms are evaluated under another.. The VA evaluators then assign a scale to the different components of cognitive impairment.. In practice, the VA should assign a 100 percent rating if any component is determined to be totally disabling.. As a result, veterans with TBIs have an even harder time navigating the VA disability system.. The bottom-line is that if you have suffered a traumatic brain injury in the service, you are no doubt experiencing a wide range of difficulties and you may need assistance with your claim.

If you make a claim for disability compensation, it’s important to understand the VA disability rating criteria for TBI, as well as the medical evidence and symptoms that they review to arrive at the rating.. The VA evaluates TBI residual effects on current level of mental or cognitive function, emotional and behavioral function, and physical function.. Executive functions include abilities for goal setting, speed of information, judgment, and decision making VA evaluates emotional and behavioral functions based on a diagnosis of a mental disorder These may include inability to control anger, impulsiveness, and lack of initiative, inappropriate sexual activity, and poor social judgment. They recognize that there are certain cases so severe that warrant a rating higher than 100%, such as when the Veteran cannot work due to their injury.The VA reviews that Veteran’s rating under new codes to see if it possibly provides the Veteran a higher rating.. Parkinsonism (including Parkinson’s Disease) following moderate or severe TBI Dementias (presenile dementia of the Alzheimer’s type, frontotemporal dementia, and dementia with Lewy bodies) that develops within 15 years of moderate or severe TBI Unprovoked seizures following moderate or severe TBI Depression that manifests within three years of moderate or severe TBI or within 12 months of mild TBI Disease of Hormone Deficiency (resulting from hypothalamo-pituitary changes) that manifests with 12 months of moderate or severe TBI. The VA determines a Veteran’s eligibility for secondary service connection based on the severity of their TBI, as well as the time between the original injury and the onset of the associated medical condition.

If you’re seeking an appeal of your VA disability decision, it’s important that you choose the right Georgia disability lawyers to assist with your case.. If you are suffering as a result of a TBI or are unable to work due to symptoms, filing for VA disability benefits for your TBI can greatly benefit you and your family as you receive the medical care you need and the VA support that you deserve.. Here are four things to know when seeking an appeal for VA disability benefits for a TBI.. Remember to work with physicians who are familiar with Veterans disability, and make sure to keep records of all test results and diagnoses--this will strengthen your appeal if you are denied or receive a lower rating than you and your medical team think that you deserve.. When filing for VA disability benefits , it’s important to know that the VA evaluates all disabilities, injuries, and conditions individually.. You may file secondary claims following an initial claim for TBI if you suffer from conditions related to your initial brain injury.. The appeals process gathers and develops new evidence and re-reviews the case to issue a final decision on behalf of the VA secretary for disability compensation claims (and other veterans' benefits).. If you’re a Veteran who’s been denied your initial disability claim, or you’ve received a rating lower than you believe is fair for the injuries and illnesses incurred by your service, you are now faced with the option to appeal or challenge the VA’s ruling.. By law, attorneys cannot charge fees to assist Veterans in filing their initial claims for disability benefits.. If you’ve suffered injuries or illnesses related to your service, and have been denied your initial claim, now--at the time of your appeal--is when to seek the assistance of a VA disability lawyer.. Of all original claims filed each year for VA disability, 31% are denied.

The VA classifies typical symptoms of TBIs that may develop within 30 days of head trauma into three different categories: physical symptoms, cognitive symptoms, and behavior or emotional symptoms.. Before we break down how the VA rates TBI symptoms, let’s cover what you’ll need to file for a TBI VA rating.. It’s much easier for you to get a TBI VA rating if you have documentation of the in-service event or injury that caused your TBI.. Although it can be helpful to understand how the VA arrived at the level of severity of your original TBI diagnosis, the initial severity of the traumatic event or of your diagnosis is not the standard that the VA uses to arrive at your TBI VA rating.. The VA will rate these residual symptoms of your TBI when assigning you a VA TBI rating.. The VA will not rate your TBI based on the severity of the event that caused the TBI.. TBI RESIDUALS VA RATINGThe VA evaluates TBI residual effects on current levels of mental or cognitive function , emotional and behavioral function , and physical function .. 0 – 0% disability rating 1 – 10% disability rating 2 – 40% disability rating 3 – 70% disability rating Total – 100% disability rating. The most common instance of receiving a combined PTSD and TBI VA rating is if your TBI results in only emotional or behavioral symptoms, similar to the symptoms of PTSD.

Conditions Automatically Considered Secondary to TBIThe Severity of the Initial TBIExamples All of these secondary conditions MUST be proven to be directly caused by the TBI in order to be rated under TBI.. If a physician clearly states that a condition was caused by TBI, then it can be rated on the TBI Rating System .. If a condition develops after separation from the military, it can only be rated by the VA if it can be medically proven to have been caused by the TBI that occurred while on active duty.. Conditions Automatically Considered Secondary to TBI Recently, studies have shown a direct connection between TBI and some conditions that develop, on average, a year or more after the original event.. To reflect this data, the VA changed their regulations regarding these conditions in January 2014, stating that there is enough data linking these conditions to TBI that they will be automatically considered as caused by TBI as soon as they begin showing symptoms, UNLESS they can be clearly proven to have been caused by something else.. This change in rules does not limit the ability of other conditions to be considered caused by TBI if there is a clear connection between them; it just makes it so that the following conditions cannot be considered not connected in the right circumstances.. These conditions can definitely be rated under TBI as long as they develop anytime after a moderate or severe TBI ( see below ).. If the TBI is moderate or severe and there is no outside factor causing the seizures, then they can be rated under TBI.. Dementia will be considered caused by TBI if it develops within 15 years after a moderate or severe TBI.. Depression is considered caused by TBI if it develops within 3 years of moderate or severe TBI or within 12 months of mild TBI.. Hormone deficiencies caused by damage to either the pituitary gland or the hypothalamus, which controls the pituitary gland, can be rated under TBI if it shows symptoms within 12 months of moderate or severe TBI.. Return to Top The Severity of the Initial TBI Right after a traumatic brain injury occurs, the physician will determine if the injury was mild, moderate, or severe.. Although the depression only happened 2 years after her initial TBI, it’s impossible to say that the depression was only caused by the initial TBI.. Her TBI was severe since the Glasgow Coma Scale rating was 8, and her pituitary condition was diagnosed within 12 months of the TBI.

Until anoxic brain injury is added to the rating schedule, it can be rated analogously, depending on the specific medical findings in a particular case, to TBI under diagnostic code 8045 or to another condition, such as brain, vessels, hemorrhage from (diagnostic code 8009), if hemorrhage is the cause; organic mental disorder, other (including personality change due to a general medical condition) (diagnostic code 9327 in the mental disorders section of the rating schedule (§ 4.130 of this part)); nerve damage, under one or more diagnostic codes for specific nerves that are affected; etc.. Another commenter suggested that we issue an interim regulation similar to 38 CFR 4.129 (Mental disorders due to traumatic stress), which states that when a mental disorder that develops in service as a result of a highly stressful event is severe enough to bring about the veteran's release from active military service, the rating agency shall assign an evaluation of not less than 50 percent and schedule an examination within the six-month period following the veteran's discharge to determine whether a change in evaluation is warranted.. We received many comments on this proposal, including some stating that subjective complaints can be more than 40 percent disabling as individual symptoms, that the levels of evaluation do not take the severity and frequency of symptoms or functional impairment into account, that a veteran could be catastrophically disabled by a single symptom, and that veterans with TBI should not need an extra-schedular evaluation to receive a total disability rating.. The proposed regulation included a table for the evaluation of cognitive impairment based on 11 facets of the condition, with criteria for evaluation of each of the facets at levels of 0 through 4, although not every facet contained all 5 levels, since certain levels were not appropriate for some facets.. 1155 ), VA disability ratings are based on average impairment of earning capacity, as reflected by evaluation criteria in the rating schedule, which the Secretary may revise from time to time “in accordance with experience.” While medical information and expertise are significant factors in revising the list of rating schedule disabilities and evaluation criteria, they are not the only relevant factors that VA must rely upon in crafting its rating schedule.. The 7 facets that have levels that we have called “total,” and the associated criteria, are: Under the memory, attention, concentration, executive functions facet, objective evidence on testing of severe impairment of memory, attention, concentration, or executive functions resulting in severe functional impairment; under the judgment facet, severely impaired judgment; for even routine and familiar decisions, usually unable to identify, understand, and weigh the alternatives, understand the consequences of choices, and make a reasonable decision, for example, unable to determine appropriate Start Printed Page 54699clothing for current weather conditions or judge when to avoid dangerous situations or activities; under the orientation facet, consistently disoriented to two or more of the four aspects (person, time, place, situation) of orientation; under the motor activity facet, motor activity severely decreased due to apraxia; under the visual spatial orientation facet, severely impaired, may be unable to touch or name own body parts when asked by the examiner, identify the relative position in space of two different objects, or find the way from one room to another in a familiar environment; under the communication facet, complete inability to communicate either by spoken language, written language, or both, or to comprehend spoken language, written language, or both, unable to communicate basic needs; and under the new facet titled consciousness (discussed below), for persistently altered state of consciousness, such as vegetative state, minimally responsive state, coma.. We received 2 comments about proposed note number 1 under the cognitive impairment table, which required that a single evaluation be assigned either under the General Rating Formula for Mental Disorders or under the evaluation criteria for cognitive impairment (whichever provides the better assessment of overall impaired functioning due to both conditions) if the signs and symptoms of the mental disorder(s) and of cognitive impairment cannot be clearly separated.. Although the commenter stated that an evaluation encompassing both the effects of TBI and of a mental disorder should be elevated to the next higher level of evaluation than would be assigned based on whichever provides the better assessment (because the commenter felt that coexisting mental disorders may increase the TBI disability), we believe that the combined disabling effects of TBI and a mental disorder will be adequately taken into account by an evaluation that is based on “the better assessment of overall impaired functioning due to both conditions,” since such an assessment would include the extent of disabling effects due to both conditions.. We revised proposed note (1), which directed how to evaluate when both cognitive impairment and one or more comorbid mental disorders are present, by expanding the instructions to include the situation when there is overlap of manifestations of the conditions evaluated under the table titled “Evaluation Of Cognitive Impairment and Other Residuals Of TBI Not Otherwise Classified” with not only a comorbid mental disorder but also with a neurologic or other physical disorder that can be separately evaluated under another diagnostic code.. Evaluate cognitive impairment under the table titled “Evaluation of Cognitive Impairment and Other Residuals of TBI Not Otherwise Classified.”Subjective symptoms may be the only residual of TBI or may be associated with cognitive impairment or other areas of dysfunction.. Evaluate subjective symptoms that are residuals of TBI, whether or not they are part of cognitive impairment, under the subjective symptoms facet in the table titled “Evaluation of Cognitive Impairment and Other Residuals of TBI Not Otherwise Classified.” However, separately evaluate any residual with a distinct diagnosis that may be evaluated under another diagnostic code, such as migraine headache or Meniere's disease, even if that diagnosis is based on subjective symptoms, rather than under the “Evaluation of Cognitive Impairment and Other Residuals of TBI Not Otherwise Classified” table.Evaluate emotional/behavioral dysfunction under § 4.130 (Schedule of ratings—mental disorders) when there is a diagnosis of a mental disorder.. When there is no diagnosis of a mental disorder, evaluate emotional/behavioral symptoms under the criteria in the table titled “Evaluation of Cognitive Impairment and Other Residuals of TBI Not Otherwise Classified.”Evaluate physical (including neurological) dysfunction based on the following list, under an appropriate diagnostic code: Motor and sensory dysfunction, including pain, of the extremities and face; visual impairment; hearing loss and tinnitus; loss of sense of smell and taste; seizures; gait, coordination, and balance problems; speech and other communication difficulties, including aphasia and related disorders, and dysarthria; neurogenic bladder; neurogenic bowel; cranial nerve dysfunctions; autonomic nerve dysfunctions; and endocrine dysfunctions.The preceding list of types of physical dysfunction does not encompass all possible residuals of TBI.. The evaluation assigned based on the “Evaluation of Cognitive Impairment and Other Residuals of TBI Not Otherwise Classified” table will be considered the evaluation for a single condition for purposes of combining with other disability evaluations.Consider the need for special monthly compensation for such problems as loss of use of an extremity, certain sensory impairments, erectile dysfunction, the need for aid and attendance (including for protection from hazards or dangers incident to the daily environment due to cognitive impairment), being housebound, etc.Start Printed Page 54706 Evaluation of Cognitive Impairment and Subjective Symptoms The table titled “Evaluation of Cognitive Impairment and Other Residuals of TBI Not Otherwise Classified” contains 10 important facets of TBI related to cognitive impairment and subjective symptoms.. Facets of cognitive impairment and other. residuals of TBI not. otherwise classifiedLevel of impairmentCriteriaMemory, attention, concentration, executive functions0No complaints of impairment of memory, attention, concentration, or executive functions.1A complaint of mild loss of memory (such as having difficulty following a conversation, recalling recent conversations, remembering names of new acquaintances, or finding words, or often misplacing items), attention, concentration, or executive functions, but without objective evidence on testing.2Objective evidence on testing of mild impairment of memory, attention, concentration, or executive functions resulting in mild functional impairment.3Objective evidence on testing of moderate impairment of memory, attention, concentration, or executive functions resulting in moderate functional impairment.TotalObjective evidence on testing of severe impairment of memory, attention, concentration, or executive functions resulting in severe functional impairment.Judgment0Normal.1Mildly impaired judgment.

They all treated me as though I was family and helped me with my work comp case in more ways than the average would have.Thank you Jason and Thank you Tina!. For doing an awesome job.. Cortex Butler I am a Veteran of United States Air Force and was awarded my first 30% in 1996 and have been fighting for my rating for 26 years I came to Perkins and Studdard in 2019 while my mom was in a terrible incident and was given to much anesthesia and through GODS Grace she was spared her life, She is disabled since 2018 and I have been struggling with my life and issues and yet I didn’t call the law firm every 10 minutes or call being rude anytime, I mentioned this as I got to know Jessica more than just a phone call and Mr Studdard was always available when not working on other cases or in court, They always called back and Never had to do a call back, My Review is Simple in Life there peaks and valleys and it doesn’t stop because you have issues, Perkins & Studdard took my case in 2019 in 2021 I received my 100% from VA, I Was Never Rude, I was Never Promised Success, I Was Never Lied too and I was Always Treated with Respect, Friendliness, and Kindness the Real Stuff not a (Money Thing) If You want a firm that Cares about the Client and will work on your case even through a pandemic, Will not lie, will not promise anything will communicate your case and will Give you their Best ALWAYS THIS IS THE Best Law Firm for VETS HANDS DOWN Perkins and Studdard THERE IS NO OTHER 100% we had 5 calls Total Case That’s Taking Care Of Business. I tried going it alone and the insurance carrier pushed me around.. When I turned my case over to Jason things turned around, QUICK.. They were at all times attentive and on top of my case.. Sheila Kirklin Jason Perkins, was my lawyer in a workers comp.. case, my case has settled now, and I am very happy for all Jason and his office hard work on my case, he was always there to help me out with any questions that I had or help I needed.. Everyone I came in contact with there was very nice.

In this publication the committee provides recommendations to the VA related to the health care specialists who diagnose TBI, the adequacy of the tools used by the VA to provide clinical examinations and disability ratings for TBI residuals (the DBQ and the VASRD), and the overall adjudication process.. The criteria in the DBQ for the residuals of TBI mirror those in the section of the VASRD used for rating the residuals of TBI, as the DBQ was developed to aid the non-clinician VBA rating specialist in determining the disability rating.. The committee recommends that the Department of Veterans Affairs convene experts from both Veterans Health Administration and Veterans Benefits Administration, including clinicians who diagnose and assess residuals of traumatic brain injury, to regularly update the Veterans Affairs Schedule for Rating Disabilities and the Disability Benefits Questionnaires for residuals of TBI to better reflect the current state of medical knowledge.. The committee recommends that Veterans Health Administration (VHA) and Veterans Benefits Administration take specific actions to increase transparency at both individual and system-wide levels, including but not limited to providing full access to veterans of the details of their examinations and ratings and providing public access to detailed system-wide data, with separation by geographic location and examination type (e.g., VHA versus contracting examiner), on the outcomes of evaluations and outcome quality.. Careful consideration should be given to the methods that the VA uses to evaluate the processes of diagnosis and disability assessment, including not only the disability rating step, but also the diagnosis of TBI, the determination of service connection, and the detection and characterization of the sequelae of TBI (e.g., as documented in the DBQ).. The committee recommends that the Department of Veterans Affairs institute processes and programs to measure the reliability and validity of the adjudication process, identify opportunities for improvement in the quality of outcomes, and implement modifications of the adjudication process as needed to optimize the quality of both the adjudication process and the reliability and validity of the outcomes.. Four specific recommendations for the initial steps to be taken are (1) instituting a program of standard patients to directly measure the reliability and validity of the examination and rating processes for such patients; (2) the use of experienced, second-level reviewers to conduct fully independent evaluations to evaluate the criterion validity of actual veterans’ evaluations; (3) creating a system by which veterans may rate the quality of their own evaluations; and (4) the systematic and transparent collection and comparison of disability outcome data across geographic regions.

Because traumatic brain injuries can cause long-term health complications, veterans who were diagnosed with one should be eligible for disability benefits, especially if those health complications affect your daily life and your ability to work.. A veteran’s disability lawyer is an attorney specializing in helping veterans get through the appeals process.. Mild brain injuries can have negative effects as well, but they’re likely to be temporary.. Typically, a concussion is considered a mild traumatic brain injury.. Traumatic brain injuries are often considered to be a “signature injury” of military veterans who served in combat zones, particularly those who served in Afghanistan or Iraq.. It’s a good idea for veterans to consult a veteran’s disability attorney.. Farah & Farah’s team of highly skilled attorneys are experienced with veterans’ disability benefits claims and can help you through the appeals process.

Videos

1. VA Rating for Traumatic Brain Injury Part 1
(Trajector Medical)
2. VA Benefits for TBI Basics (traumatic brain injury)
(Hill and Ponton, P.A.)
3. VA Rating for Traumatic Brain Injury Part 2
(Trajector Medical)
4. VA Benefits for Traumatic Brain Injury
(Cuddigan Law)
5. Do You Qualify for These Traumatic Brain Injury SMC Benefits?
(Hill and Ponton, P.A.)
6. VA Traumatic Brain Injury (TBI) Presumptive Conditions
(Trajector Medical)

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