To prove a traumatic brain injury to the VA, you will need a documented in–service head injury, a current TBI diagnosis, and medical evidence linking them. Service records, medical records, and a diagnosis by a private doctor can all serve as evidence.
The VA will likely require you to attend a C&P (Compensation & Pension) exam for a traumatic brain injury (TBI) evaluation and assessment. If you believe you’ve followed the VA’s directions and provided the correct evidence and they denied your claim anyway, consider getting legal assistance.
Our Veterans Affairs Disability benefits claims lawyers can help you understand the reasons for your denial, handle your appeal, and collect evidence to prove your TBI. Our team has over 120 years of combined experience. Call today for your free consultation.
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Medical Evidence That Can Prove TBI
Medical evidence plays a significant role in proving a TBI to the VA because it establishes both your diagnosis and your ongoing symptoms. Strong medical evidence includes service treatment records showing reports of head injuries or symptoms.
Civilian or VA medical records documenting TBI diagnoses or post-concussive symptoms from qualified specialists are invaluable. Diagnostic tools provide objective support, and treatment histories showing persistent issues help demonstrate long-term impairment.
In some cases, the VA will request additional information. However, failing to provide medical evidence when you file a VA Disability claim for TBI often leads to a denial.
For a free legal consultation, call (800) 562-9830
Service Records for Your Traumatic Brain Injury Claim
To get VA benefits for TBI, you must not only show that you have a traumatic brain injury, but that you can trace it back to an event that occurred during your time in the service. You’ll need evidence that documents when and how the injury likely happened, such as:
- Incident reports that establish how your injury took place
- Deployment records that show your time in combat zones, training environments, or other duties that have a high risk of head injury
- Personnel records that reveal changes after the event, such as declining performance, unexpected behavioral issues, or disciplinary actions
These records strengthen the link between your duties while you were in the service, your injury, and your current TBI symptoms. Sometimes, the VA will have access to these records and may be able to help you fill in the blanks for your claim.
Additional Evidence That Can Help Prove TBI
Other sources of evidence can support your TBI claim by showing how your injury occurred and how symptoms affected you over time. While these don’t take the place of medical records, they can emphasize your condition to the VA and strengthen your overall claim.
These can include:
- Buddy statements that describe witnessing the incident or provide firsthand accounts of confusion, disorientation, or behavioral changes afterward
- Family statements provide insight into noticeable changes in your memory, mood, personality, or cognitive functioning after you returned home
- Your own statements clearly explaining the incident, immediate and lingering symptoms, and how your daily functioning has been affected
- A medical nexus letter from a qualified provider explaining how your condition is at least as likely as not related to your service
Markers of TBI in the Absence of Direct Documentation
If your head injury was never formally recorded, the VA accepts markers that indirectly indicate a TBI occurred. These markers include a sudden decline in your work or academic performance, disciplinary issues, or noticeable behavioral or personality changes.
Family, coworkers, or supervisors may observe an increase in forgetfulness, irritability, emotional changes, or sleep disturbances. These indicators can show a pattern of changes after your TBI when no medical evaluation was performed at the time of your injury.
The Importance of Your C&P Exam
The Compensation & Pension (C&P) exam is one of the most significant parts of a VA TBI claim. Even with strong medical records and service evidence, the examiner’s findings often determine whether the VA grants service connection and how severely your TBI is rated.
To make sure you fully understand your situation, present your experiences honestly and describe every symptom, even those that feel minor or unrelated. Like many veterans, you may be accustomed to pushing through adversity, but don’t minimize your struggles.
Being open, detailed, and accurate helps prove your TBI to the VA examiner and gives you the best shot at a successful claim.
Get Help Proving Your TBI to the VA
You can prove your traumatic brain injury to the VA by presenting medical documentation with your claim that shows a TBI evaluation and diagnosis. You also need to show proof of an in-service incident that caused your injury, and a link between them.
Trying to understand exactly what the VA wants can be frustrating, and an honest mistake can mean a denial. Our team will help you appeal a denial of your traumatic brain injury (TBI) VA claim so you can begin receiving the benefits you have earned.
For more than three decades, Marc Whitehead & Associates has been here to stand up for veterans across the United States. You were there when your country needed you. We’ll work to make sure your country is there for you now. Call now for your free consultation.