If you are a Veteran of the U.S. military who sustained a traumatic brain injury during your service, our attorneys can help you explore the medical and financial benefits you are entitled to under U.S. Department of Veterans Affairs (VA) guidelines.
Once we establish the nexus between your injury and military service, you are assigned a percentage of disability ranging from 0% to 100% with varying benefits. Our VA-accredited attorneys offer free consultations to assess your eligibility for Veterans TBI claims in Charleston, WV.
Traumatic brain injuries (TBIs) fall under the umbrella of catastrophic injuries that the federal government defines as any severe injury that precludes a person from maintaining gainful work. TBIs are caused by a blow to the head or a fall, and are very common in vehicular accidents, but can also occur during heavy fire on the battlefield. While some head injuries can be temporary, a TBI can leave lasting side effects, including:
VA benefits can go a long way toward relieving the financial stress associated with expensive medical care and the inability to work because of a TBI. You could be entitled to paid-for medical treatment and a tax-free disability check if you meet the requirements. For compassionate and experienced guidance from the largest Veterans law firm in the country, turn to Fight4Vets and let’s talk about you and potential TBI benefits in Charleston, WV.
Your disability rating is determined through medical evaluation by approved VA doctors and is converted into a percentage to allocate benefits. Although a 0% rating will not garner your disability payments, you could still be eligible for treatment at a VA Medical Center. You must be at least 10% disabled to receive benefits, and at 30%, your check could increase to compensate your dependents.
If the VA denies your initial claim for TBI disability, we could help you appeal it after reviewing your situation. We dedicate our practice to ensuring Veterans who serve our country receive what they have earned. There are three ways to appeal a denial.
Supplemental claims can be filed when new evidence bolsters the original claim. This could include a second opinion that backs up the treating physician’s TBI diagnosis.
A higher-level review can occur at the VA’s Regional Office, instead of to the Board of Veterans’ Appeals, where a more experienced senior reviewer can look at the claim and override the initial findings. No new evidence can be presented.
You might also choose to present an appeal to the Board of Veterans’ Appeals in one of three ways, including a direct review before a judge who scrutinizes the original claim without a hearing, a judge who considers new evidence that is submitted within 90 days of submitting the appeal, or a Veterans’ Law Judge who can also review new evidence. Our Charleston lawyers can help you determine if your TBI Veterans claim will benefit more from one of these pathways over the others.
A traumatic brain injury could impact you for the rest of your life, and if you received it while serving in the military, our attorneys can help you secure the benefits owed to you after you are diagnosed as disabled.
If you applied for benefits but they have been denied, we may also be able to appeal the denial after reviewing your situation for free. Filing a Veterans’ TBI claim in Charleston, WV can be complicated if you try to do it yourself. Let us lift that burden and guide you to an approval.
