Common Mistakes Veterans Make on TBI Claims

Proving that you suffered a traumatic brain injury due to military service and showing that your injury caused you to develop a disabling medical condition entitling you to VA disability benefits can become challenging. As a result, many veterans make mistakes when filing TBI claims that prevent them from getting the maximum benefits they deserve. Understanding what you need to do to support your TBI disability claim can help you avoid errors that might jeopardize your VA disability application. 

Mistake #1: Not Seeking Prompt Medical Attention

One of the biggest mistakes that veterans make with their TBI claims include not seeking medical attention as soon as possible. However, a veteran might not have sought medical attention when they suffered a traumatic brain injury while in the service; many veterans will delay seeking medical treatment after developing chronic symptoms from a TBI. Veterans may not receive a diagnosis of their condition until years after suffering a TBI in the line of duty or leaving military service. However, seeking a prompt diagnosis of a traumatic brain injury or resulting complications can help establish a service connection between your military service and your medical condition. 

Mistake #2: Failing to Document Symptoms 

Some veterans may downplay symptoms they experience due to a traumatic brain injury, such as memory issues, difficulty concentrating, or mood swings. Veterans may also forget to relay symptoms to their treating physicians. As a result, their medical records may have inconsistent or missing descriptions of symptoms that would allow VA claims evaluators to rate a veteran’s medical condition accurately. Veterans can work with an experienced VA disability claims attorney to ensure they document all their symptoms in their medical records. 

Mistake #3: Not Understanding VA Ratings

The VA evaluates medical conditions arising from traumatic brain injuries based on physical, cognitive, and emotional/behavioral factors. Veterans should review the VA’s Schedule for Rating Disabilities to understand what symptoms claims evaluators will look for to ensure they have a complete record of their symptoms, which can help maximize the veteran’s disability rating. 

Mistake #4: Not Getting a Nexus Opinion

Veterans must prove a connection between their military service and medical condition to qualify for VA disability benefits. Veterans can often establish a service connection by obtaining a nexus letter from a qualified medical provider. In a nexus letter, a medical expert can offer an opinion on a connection between a veteran’s condition and military service, based on evidence such as the veteran’s medical and service records. When VA doctors cannot or will not provide a nexus letter, a veteran can seek a letter from a private physician or medical evaluator.

Mistake #5: Giving Up After a Denial

Finally, one of the most avoidable mistakes that veterans make in pursuing VA disability claims includes giving up after an initial denial of their disability benefits application. Due to issues with a veteran’s evidence, the VA denies many claims that ultimately prove valid. Fortunately, the VA provides a decision review process that allows veterans to submit additional information to bolster their claim and seek additional review of their applications by more experienced claims reviewers. Veterans can further appeal denied claims to the Board of Veterans Appeals in the Department of Veterans Affairs, and from there to the federal courts, beginning with the U.S. Court of Appeals for Veterans Claims. 

Contact a VA Disability Lawyer Today

Working with an experienced VA TBI disability attorney can help you avoid the common mistakes other veterans make when filing TBI claims. Contact Veterans Benefits Law Group today for a free initial consultation to discuss how we can help you with a disability benefits application.