Suffering a traumatic brain injury (TBI) during military service often presents veterans with physical, psychological, and cognitive challenges that last well after their service. Oftentimes, traumatic brain injuries can be difficult to diagnose and even more difficult to translate into meaningful compensation from the VA.
If you have experienced a TBI during your military service, attorney Daren Sarphie and the team at Sarphie Law are deeply committed to helping injured veterans claim the disability benefits that they have rightfully earned after a service-related TBI. At Sarphie Law, we have years of experience guiding our clients through the VA claims process and ensuring that they are properly recognized and appropriately compensated.
We offer compassionate support that goes beyond simply securing your compensation by providing round-the-clock client service and keeping you informed every step of the way. For more information about how Sarphie Law can help, call us today or connect with us online for a free, 100% confidential case review.
Common Causes of Traumatic Brain Injuries Among Veterans
Due to the demanding and combative nature of military service, TBIs are an unfortunately common occurrence among service members. Whether you experienced a TBI as a direct result of your time in the military or your service worsened a pre-existing brain injury, you may be entitled to compensation. Many times, veterans do not show or experience the typical symptoms of a TBI until much later, which can make diagnosis and treatment challenging, as well as pursuing compensation.
Some of the most common causes of service-related TBIs include:
- Blast injuries and explosions: Veterans who served in combat zones, particularly in Iraq and Afghanistan, may have been exposed to improvised explosive devices (IEDs), rocket-propelled grenades (RPGs), land mines, and other blasts and explosions that can cause serious trauma to the brain. Even without a direct blow to the head, the pressure from an explosion can disrupt your brain function and cause TBIs.
- Combat injuries: Other combat-related injuries such as physical assaults, hand-to-hand combat, or exposure to direct enemy fire can quickly lead to a TBI, especially if there is a direct blow to the head.
- Motor vehicle accidents: Service members who operate heavy vehicles or drive in dangerous areas with hazardous conditions may be involved in an accident that causes a head or brain injury. During a collision or a rollover accident, victims may suffer blunt-force trauma to the head, resulting in a TBI.
- Falls: Falls are one of the leading causes of non-combat TBIs among service members. These will typically occur during a training session or while traversing rough and uneven terrain.
- Training accidents: Physical training for active duty service members is rigorous and intense, often involving training like parachuting exercises, combat simulations, and learning to properly handle equipment.
- Repeated head trauma: Repeated trauma to the head and subconcussive head impact are more common among those in artillery crews and other close-combat units. Repetitive, low-level trauma to the head may not result in a concussion, though over time it can continue to develop and potentially lead to chronic traumatic encephalopathy (CTE).
Injuries to the head and brain are serious and are unfortunately common among military service members. According to the U.S. Department of Veterans Affairs (VA), over 185,000 veterans who rely on the VA for their healthcare have been diagnosed with at least one TBI. After a TBI, victims may experience a wide range of symptoms, such as:
- Intense headaches and migraines
- Drowsiness
- Hearing or vision problems
- Trouble sleeping
- Memory loss
- Brain fog
- Seizures
- Impaired decision-making
Many veterans also experience co-occurring disorders on top of the physical, emotional, and cognitive symptoms they may be showing. Traumatic brain injuries among veterans commonly lead to conditions like:
- Post-traumatic stress disorder (PTSD)
- Anxiety
- Depression
- Substance use disorders
Regardless of how you sustained a TBI or what symptoms and conditions you may be exhibiting, Sarphie Law fights tirelessly to secure injured veterans the benefits they deserve. We work closely with our clients to help you understand your options and defend your rights. You work hard to care of your family and your country, and Daren Sarphie will fight to ensure that you receive the benefits and the support that you need.
VA Benefits Related to Traumatic Brain Injury (TBI)
Traumatic brain injuries (TBI) are among the most serious and life-altering conditions that can result from military service. For many veterans, the effects of a TBI extend far beyond the initial injury, causing long-term impairments in memory, concentration, mood, coordination, and overall cognitive function. These challenges can make it difficult to work, maintain relationships, and enjoy daily life.
If you are a veteran suffering from a service-connected TBI, you may be entitled to compensation through the VA. Attorney Daren Sarphie offers legal representation for those seeking VA disability benefits due to a traumatic brain injury.
What Benefits Are Available to Veterans with TBIs?
If you are a veteran who has experienced a traumatic brain injury as a result of your military service, you may be entitled to a wide range of benefits through the VA. VA benefits help veterans by providing financial support, medical assistance, and other resources that help manage the long-term effects of a TBI. Benefits that are available to veterans after a TBI may include:
- VA Disability Compensation: The most direct form of support for a service-connected TBI is monthly tax-free disability compensation. The amount is based on the severity of the injury and the assigned disability rating, which can range from 0% to 100%. Veterans with multiple service-connected conditions may receive combined ratings, which can significantly increase the amount of compensation.
- Special Monthly Compensation (SMC): An SMC is an enhanced benefit that is available to veterans who require personal assistance with their daily activities. It can also apply to those suffering from particularly debilitating impairments such as loss of use of limbs, speech, or cognitive function.
- VA Health Care and Rehabilitation Services: Veterans with a service-related TBI are entitled to medical care through the VA health care system. This typically includes care like:
- Neurological evaluations
- Cognitive rehabilitation therapy
- Mental health services
- Physical therapy
- Occupational therapy
- Speech and language therapy
- Home assistance: The VA may provide some home-based services, including assistive devices and caregiver support. This includes monthly stipends, respite care, and more.
- Vocational rehabilitation: If veterans are unable to return to their previous employment due to their service-related TBI, they may qualify for vocational rehabilitation services that include training for new jobs, educational assistance, counseling, and support as they transition into a new career.
These are just some of the main benefits that the VA offers veterans who have suffered a service-related TBI. Veterans with a disability rating of 30% or higher may receive additional compensation or family members, including spouses, children, or dependent parents as well.
When Does a TBI Qualify for VA Benefits?
Veterans may qualify for VA disability compensation if their traumatic brain injury is determined to be service-connected, meaning that the injury occurred during active duty, active training, or was caused by a condition or incident related to military service. This includes not only combat-related injuries but also those sustained during training accidents, vehicle collisions, or other service-related events.
Importantly, symptoms of a TBI may not become apparent until well after a veteran has returned to civilian life. Cognitive decline, mood changes, and neurological complications may take months or even years to fully manifest. This delayed onset does not disqualify a veteran from receiving benefits, but it may make the claims process more complex.
Filing or Appealing a VA TBI Claim
To obtain benefits for a TBI, a veteran must file a formal disability claim with the VA. If you are already receiving VA compensation for another condition, you may still file for additional benefits if you experience new or worsening symptoms related to a brain injury. However, navigating the claims process can be frustrating and time-consuming—especially when it comes to documenting a condition that often involves invisible symptoms and subjective impairments.
Attorney Daren Sarphie helps veterans at every stage of the claims process, including:
- Filing initial claims
- Gathering medical records and supporting documentation
- Coordinating diagnostic evaluations
- Responding to VA requests for information
- Challenging benefit denials or low disability ratings through appeals
TBI-related claims are often denied or underrated due to a lack of clear documentation, misinterpretation of medical evidence, or failure to link the injury to military service. Having an experienced attorney can significantly improve the outcome of your case. With deep knowledge of VA procedures and the nuances of TBI symptoms, Daren Sarphie builds strong, evidence-based claims that help veterans receive the full compensation they deserve.
Veterans living with the lasting effects of traumatic brain injuries deserve the support and benefits they have earned through their service. Attorney Daren Sarphie offers personalized, results-driven representation and is committed to helping you obtain the resources you need for recovery and long-term care.
To learn more about how we can help with your VA disability claim for traumatic brain injury, contact us today to schedule a consultation.
How Are Veterans’ Disability Brain Injury Claims Evaluated?
Veterans’ disability brain injury claims are evaluated based on residuals. Examiners consider:
- Cognitive ability and symptoms
- Emotions, behavior, and mood regulation
- Physical symptoms that result from brain injury
Within these residuals, the rating criteria is based on 10 facets of impairment and how severe they are. Examiners look at the claimant’s:
- Executive function
- Judgment and decision-making
- Social skills
- Orientation to place, time, and self
- Motor skills
- Visual-spatial orientation
- Speech and communication
- Neurobehavioral effects, including mood
- Consciousness and responsiveness
- Subjective symptoms not covered elsewhere
The VA uses a disability rating scale for TBI and the 10 facets. Total severity in any facet results in a 100% disability rating. A 70% rating is awarded when the highest severity level is three (3). A 40% rating is awarded when the highest facet is two (2). For the highest level of one (1), the person receives a 10% disability rating. A 0% rating may be possible if none of the facets are assigned a point value. These are the only ratings possible for traumatic brain injury.
Will I Have to Submit a Compensation and Pension Examination for Brain Injury?
Compensation and pension (C&P) examinations are common for veterans’ benefits claims based on traumatic brain injury. Standard diagnostic information and medical records are often incomplete for the purposes of making a disability rating. If benefits examiners request a C&P, the exam will document functional impairments and the extent of the disability.
How Can an Attorney Help Veterans Dealing with a Traumatic Brain Injury?
You may have suffered a traumatic brain injury while on active duty or due to a medical condition that worsened because of active service. Sometimes a traumatic brain injury doesn’t show symptoms until long after it occurs. You may have had symptoms, but medical professionals may not have properly diagnosed your condition until years later.
For veterans who have experienced a TBI as a direct result of their military service, an experienced attorney can be an invaluable asset, helping by:
Evaluating Your Case
At Sarphie Law, we take the time to thoroughly evaluate your disability claim and identify every potential avenue for securing the compensation you deserve. Attorney Daren Sarphie and our dedicated team will assess the benefits available to you and provide clear, informed guidance throughout the process, helping ensure you receive the full support to which you’re entitled.
Filing Your Claim
From collecting essential records to preparing and submitting your initial documentation, Sarphie Law delivers the comprehensive legal support you need to confidently move forward. We are committed to providing experienced representation at every stage, helping you build a strong claim and stay informed throughout the process.
Appealing a Denied Claim
If your claim has been denied, our team is here to help. We will work closely with you to review the reasons for denial, identify any errors or missing information, and take swift action to strengthen and resubmit your claim. With extensive experience handling appeals, Sarphie Law is well prepared to help you pursue a successful outcome.
Traumatic Brain Injury Veterans’ Disability Compensation Process
If you are a veteran living with the effects of a traumatic brain injury (TBI) sustained during your military service, you may be entitled to disability compensation through the U.S. Department of Veterans Affairs (VA). Here’s an overview of how the claims process works:
- Apply for disability benefits: You can apply for disability compensation at any time after leaving the military. Some claims begin immediately after medical discharge due to a TBI, while others are filed years later.
- Submit proof of diagnosis: You must provide evidence that you have been diagnosed with a traumatic brain injury. This diagnosis may come from a:
- Psychiatrist
- Neurologist
- Neurosurgeon
- Military medical professional during active duty
- VA reviews your claim: Once you file, the Veterans Benefits Administration (VBA) will begin processing your claim. They may contact you for additional medical records or supporting documentation.
- Disability rating is assigned: A VA claims examiner will evaluate your condition based on:
- Your diagnosis
- Medical treatment records
- The impact of the TBI on your daily life and ability to function
- Receive your rating decision and benefits: Once your rating is finalized, the VA will notify you of the decision and begin issuing benefits based on your assigned percentage.
- Appeal if you disagree with the decision: If you believe your rating is too low or your benefits are insufficient, you have the right to appeal. It’s important to act within the required deadlines if you decide to challenge the VA’s decision. You may request a review through:
- The Board of Veterans’ Appeals
- The U.S. Court of Appeals for Veterans Claims
- Request a reevaluation if your condition changes: If your symptoms worsen over time or if new impairments develop, you may ask the VA to reevaluate your disability rating. You can request a reevaluation at any time.
At Sarphie Law, we don’t just handle cases involving traumatic brain injuries. We help veterans with the many different challenges they may face. Our team offers assistance with:
- Federal workers’ compensation
- USPS workers’ compensation
- VA disability
- OWCP claims
- FELA claims
- Veterans’ PTSD
- And more
We only win when our clients win, which is why we fight tirelessly to defend and protect your rights. For more information about how Sarphie Law can help injured veterans suffering from a TBI, call us today or connect with us online. We are available 24/7.
Contact Sarphie Law Today and Get Help From a Veterans’ Traumatic Brain Injury Lawyer
The signs of TBI can be subtle. Many veterans wonder why they are struggling, not knowing that they have a brain injury. More than 50,000 veterans claim benefits for TBI each year, both for service connections and for benefits increases.
At Sarphie Law, we offer each and every one of our clients dedicated and compassionate legal support, helping injured veterans secure the benefits that they rightfully deserve. Veterans who have been injured during their service can trust Daren Sarphie and the team at Sarphie Law to guide them through the claims process and secure a fair compensation.
Daren Sarphie is taking new cases now. Whether you are seeking benefits for the first time or need assistance appealing a denied claim, we are here to help. If you are a veteran who has suffered a traumatic brain injury, contact us today and schedule your free, 100% confidential case review.
