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TBI Attorneys for Veterans

Helping Veterans With Traumatic Brain Injury (TBI)

The Department of Veteran Affairs began mailing examination notice letters to approximately 24,000 veterans who were possibly misdiagnosed by unqualified doctors. The medical examinations were conducted in connection with disability compensation claims processed between 2007 and 2015. Veterans receiving the notice letters have one year to opt in for a new examination. Importantly, the veteran is also allowed to provide medical evidence from “private” physicians for consideration as part of the examination.

“We let these Veterans down,” Secretary McDonald said. “That is why we are taking every step necessary to grant equitable relief to those affected to ensure they receive the full benefits to which they are entitled.”

If the qualified doctors confirm a previously undiagnosed traumatic brain injury (TBI), they could be entitled to significant health care and compensation benefits. However, the VA warns that the new TBI examination and reprocessing of the claim may result in increased ratings, continued ratings, or reduced ratings. It is imperative that each Veteran, especially those with a rating of at least 10%, analyze the risks carefully.

Many veterans who have been previously denied TBI claims may also have secondary service-connection claims that may be allowed to be re-opened. This will allow a veteran to possibly request new examinations for any condition that may be a residual of the TBI, including mental health.

The possibility of re-opening claims allows some veterans to possibly have back pay recovery on their claims.

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    Frequently Asked Questions About Gulf War Syndrome Claims

    A traumatic brain injury (TBI) occurs when a sudden impact, blast, or jolt to the head disrupts normal brain function. TBIs are common among veterans due to combat exposure, training accidents, vehicle crashes, and blast injuries. Symptoms can range from mild (concussions) to severe and long-lasting cognitive or physical impairment.

    Yes. If your TBI occurred during military service and you continue to experience residual symptoms, you may qualify for VA disability compensation. The VA evaluates the severity of cognitive, emotional, and physical impairments caused by the injury to determine your disability rating.

    Common symptoms include memory loss, difficulty concentrating, headaches, dizziness, mood changes, sleep disturbances, sensitivity to light or noise, and impaired judgment. Even mild TBIs can result in long-term complications that may qualify for benefits.

    The VA evaluates TBI under specific criteria that assess cognitive impairment, emotional/behavioral dysfunction, and physical symptoms. Ratings can range from 0% to 100% depending on the severity of the residual effects and how they impact daily functioning.

    TBI and PTSD often share overlapping symptoms. In some cases, veterans may be entitled to separate ratings if symptoms can be distinguished. An experienced attorney can help ensure your conditions are properly evaluated and rated.

    You can still file a claim. There is no deadline for filing a VA disability claim related to service-connected TBI. However, you will need medical evidence linking your current symptoms to your military service.

    You have the right to appeal. TBI claims are often denied due to insufficient medical evidence or improper evaluations. Tabak Law can review your denial, gather additional medical support, and represent you throughout the appeals process.

    Yes. Veterans are allowed to submit medical opinions and evaluations from private physicians. In many cases, an independent medical opinion can strengthen your claim and clarify the connection between your symptoms and your service.

    TBI claims require detailed medical documentation and a clear connection to military service. Tabak Law helps veterans gather evidence, coordinate medical opinions, challenge inadequate VA examinations, and pursue higher disability ratings when appropriate.

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    Veterans with Traumatic Brain Injury: Contact Tabak Law

    If you served and are experiencing negative symptoms, you may be entitled to VA disability benefits. If your claim has been denied or undervalued, we can help you pursue an appeal.