Traumatic brain injuries (TBIs) are one of the most common injuries that Veterans experience. Estimates vary, but the risk of TBI differs whether a Veteran has been in combat, locations where they served, and other factors. In some situations, it can be challenging to establish that a head injury is a service-connected injury.
It is extremely important to understand the evidence needed to secure Veterans benefits for a traumatic brain injury. Generally speaking, that evidence could include service medical records documenting the head injury during service, a current diagnosis of TBI from a qualified medical professional, a medical nexus letter linking the current TBI to the service-related incident, and supporting statements from family, friends, or fellow service members corroborating the events and its impact on the Veteran’s life. If you need help filing a physical disability claim with the VA, Fight4Vets is here for you.
To obtain disability benefits, the first thing a Veteran must do is provide service records. In addition to providing proof that the Veteran was actually in service, they must demonstrate that the injury was service-connected. Some records that can be used as evidence of a TBI include:
All of these records can help establish that the incident occurred. They do not necessarily have to prove that a Veteran experienced a TBI, but they should establish circumstances where a TBI would have been possible. In that way, they can help connect the injury to service.
While service evidence proves that an incident occurred, medical evidence proves the medical condition. For a TBI, the most important thing is that a Veteran has a current diagnosis of TBI from a qualified medical provider, like a neurologist or neurosurgeon. However, it is essential to keep in mind that psychiatrists may also be able to diagnose TBIs.
In addition to a diagnosis, evidence necessary for Veteran TBI claims should include detailed medical records. It should answer the symptoms the Veteran is experiencing, the current or proposed treatment, and the anticipated short-, medium-, and long-term prognosis.
The final component of the medical evidence is establishing that the TBI is service-connected. That may involve earlier medical evidence that the Veteran did not have a TBI, documentation of the injuries from the scene, and other details connecting the injury to a particular incident.
Proving that a TBI exists and is service-related is essential, but the Veteran must also establish that their injury reaches the level of disability. Personal statements can help fill in the gap. Veterans need to provide a statement that describes the incident, symptoms, and how the TBI affects their daily lives.
In addition to the Veteran’s statements, personal statements from family members can help support whether someone is experiencing a disability. These statements should describe how the injury impacted their behavior or functioning.
Proving that you have a service-connected TBI that has led to a disability can be challenging. In addition to the evidence you provide, the VA may assess the severity of the TBI based on the documented symptoms and functional impairments. Part of that assessment can include neuropsychological testing to evaluate any cognitive deficits related to the TBI. The VA may also order a more comprehensive Compensation and Pension examination.
If you want to ensure you have the evidence needed in Veteran TBI claims, we may be able to help. Schedule a free case evaluation with an attorney from Fight4Vets to learn more.
