TBI VA Claims and Ratings: Traumatic Brain Injury

  Рет қаралды 30,147

Chisholm Chisholm & Kilpatrick LTD

Chisholm Chisholm & Kilpatrick LTD

Күн бұрын

VA Claims for Traumatic Brain Injury (TBI): VA ratings for TBIs and residuals, C&P exams for TBI, presumptions associated with TBIs, and additional benefits for severe TBIs through Special Monthly Compensation (SMC). We hope you enjoy today's broadcast. Please leave us your questions or comments below!
Read More & Mentioned Diagnostic Grap: cck-law.com/blog/faq-friday-h...
Contact Our Office: cck-law.com/contact-us/
Table of Contents:
0:00 Introduction
1:03 What is a TBI and Common Causes
2:06 How Are TBIs Diagnosed?
3:26 Common Residuals of Traumatic Brain Injuries
4:20 Do You Submit a VA Claim for TBI or Residuals?
5:19 C&P Exams for TBI
6:08 VA Ratings for TBIs
8:44 Special Monthly Compensation and TDIU for TBIs
11:29 TBI Presumptive Conditions & Secondary Service Connection
12:56 Overlapping Symptoms: Mental Health Conditions & TBIs
13:45 Does VA Rate TBIs Accurately?
15:35 How to Improve Your TBI VA Claim
Feel free to ask questions, give us feedback, or request new veterans' law topics below! And don't forget to SUBSCRIBE so you won’t miss future videos. Visit our website at cck-law.com.

Пікірлер: 64
@CCK_Law
@CCK_Law 3 жыл бұрын
Thank you for watching with us today! Feel free to leave your questions or comments below, and we hope you find the information presented to be helpful. The chart we mention displaying how TBIs are diagnosed can be found here: cck-law.com/blog/faq-friday-how-does-the-va-rate-traumatic-brain-injury-tbi/
@chrislausen6639
@chrislausen6639 2 жыл бұрын
Do you have a branch in San Diego? Seems as though your firm is on top of your sh… and actually know what your doing.
@Shak1993
@Shak1993 Жыл бұрын
As a Vet that suffered a TBI I am struggling. I was sent this video by another Vet, Brother in Arms.
@leroygrayjr.2957
@leroygrayjr.2957 3 жыл бұрын
Hi,.. I fell off a cliff during a land navigation class and was knocked unconscious in 1982.. The 1st thing that was spoken by that instructor and fellow classmates when they climbed down a rope to revive me was " We thought that you were dead Gray." My memory of the 60s and 70s was completely gone afterwards. My USMC career objective ended that day. I have finally applied for VA disability.
@SpaceRanger187
@SpaceRanger187 9 ай бұрын
TBi doesn't always show up in a scan
@eduardoxanchez2870
@eduardoxanchez2870 2 жыл бұрын
Could you please cover the issue of sleep apnea as secondary to TBI? I've seen videos on PTSD as secondary for TBI but nothing about this issue. Thank you!
@fredtjack23
@fredtjack23 Жыл бұрын
Thanks
@danielgalvan1054
@danielgalvan1054 2 жыл бұрын
Great info! Thank you guys.
@paulwoolford2861
@paulwoolford2861 3 жыл бұрын
Looking forward to your expertise and help. To cut to the chase, two REMANDS for Traumatic Brain Injury VARO sent back to BVA law judges. The law judges made a decision on January 08, 2021, however, VARO has RETAINED the DECISION and is preventing veteran from Appealing the decision, to CAVC as the 120 days to file an appeal run out. Without a law firm to represent brain damaged veteran, VARO continues to willfully no follow the laws the United States Legislators have implemented. Veteran 76 years of age, rated by VARO as 100% Totally & Permanently Disabled, Granted Care-Giver status, but both not at government expense! Advice please... Any wonder why so many veterans commit suicide!
@tommarinevet
@tommarinevet 3 жыл бұрын
Thanks for this topic..Fighting the VA for years on TBI..they dropped the ball....now on appeal to BVA..I'm not going to stop... Update..finally won the TBI claim at 40% however VA underrated like they mostly do, now on appeal again
@misterm3007
@misterm3007 3 жыл бұрын
Same here... I have even been diagnosed by the VA for a TBI but they refuse to rate me
@tommarinevet6170
@tommarinevet6170 3 жыл бұрын
@@misterm3007 I hope you appeal to BVA many RO are clueless and just deny
@tommarinevet
@tommarinevet 2 жыл бұрын
@@misterm3007 file your claim and if denied appeal to BVA unfortunately the BVA is where you will get a fair shake
@thegoat3109
@thegoat3109 2 жыл бұрын
My va vso sent in higher level review, in the paperwork it says not to send in for a hlr....
@tommarinevet
@tommarinevet 2 жыл бұрын
@@thegoat3109 many vso are clueless and just push paper You earn the process and research everything and with the internet it's easy Take charge of your claim you can do the same thing your vso dooes....va.gov
@leandertaylor4550
@leandertaylor4550 3 жыл бұрын
Fighting with VA on my tbi filed a appeal with the BVA waiting for a decision
@antoniodavis8424
@antoniodavis8424 2 жыл бұрын
Hello. Thank you for your training information. I have a question. If your 100% T&P, but only 30 for TBI/PTSD are you still able to apply for SMC T with Aid and Attendance?
@beliefinme4now
@beliefinme4now Жыл бұрын
22 years ago I while examining an empty pool, I turned away from the slope end, and before I knew it, I was hazy eyed, looking up at the sky. There was the taste of a little blood in the back of the throat. I laid in place for about 4-5 minutes before another airmen came over to help me up. 8 Yeats after a honorable discharge, while going through depression and mental issues, the V.A stated that there was no statement of me hitting my but had my neck and back circled on the post incident medical exam. 22 years later, and still common sense hasn't preveal, even with a knot on the back of my head. I'm lost for words and don't know what to do.
@FranklinMays
@FranklinMays 2 жыл бұрын
Could you please post the video that you discussed in this episode ?
@ronaldhaugen5967
@ronaldhaugen5967 7 ай бұрын
What about migraines ? They started in service and i have no idea how 50% connected
@dretseljohnson8041
@dretseljohnson8041 3 жыл бұрын
I am SMC-L,SMC-K, Aid and Attendance and just diagnosed with at least moderate TBI by the regional VA Hospital due to a landmine explosion while on active duty. My VSO is helping me get my claim together. What rating if approved could or would I be eligible for? Thank you very much.
@albertarredondo9601
@albertarredondo9601 3 жыл бұрын
Hello, I have a TBI rate at 100% with Individual Unemployable appliedevidence was not for it. I am secluded for a hearing to see if I qualify. What would help with the fight of getting approved.
@DMac-uv1bl
@DMac-uv1bl 3 жыл бұрын
I’ve got a stretch of a question. I served as an Air Force firefighter both active duty and national guard from 95 to 2001 and handled the now known toxic AFFF (PFAS/PFOS) fire fighting foam (as well as consumed the water Dyess AFB (confirmed contaminated water)) I later was diagnosed with a brain tumor which required surgery which then left me with a brain injury (a form of TBI). I now how serious complications but can still function somewhat. what are the chances of this type of claim? I’m already service-connected for several other things but not the exposure/tbi issue. I also was diagnosed six months ago with an immune deficiency disorder and now chronic fatigue of which I have not claimed. Thank you
@chrismickle4350
@chrismickle4350 3 жыл бұрын
If I'm being treated for TBI can tbi just be automatically added to my connection rating?
@Shak1993
@Shak1993 Жыл бұрын
I'm a Veteran however My Case is an anomaly. I would like to consult you privately about my TBI.
@nicobythebeach1
@nicobythebeach1 4 күн бұрын
I have 70% ptsd that they connected my tbi to. Any idea how I could get them to rate them separately?
@santiagor1970
@santiagor1970 Жыл бұрын
I had a accident in basic where I slip and rammed MY right side front Head where I was unconscious I was rush to the hospital and received 5 staple and 14 day restriction. This happen in 1996.I never made a claim for TBI. In 2000 Started getting nerve problem in my face speech and Migraine Headaches. in 2004 they retired me for my headaches at 50% Year later they gave me 50% for major depression. Since the accident I always had double vision that I can shake off. Recently did some check thru the Va EYE doctor and was ask if I had a TBI and was told that I have a problem consistent with TBI and my eyes. I also have server pain and numus in my right neck and arm. Should I file a claim for TBI!
@jasonlee6413
@jasonlee6413 2 жыл бұрын
How much should I get for mild TBI?
@djlevert1
@djlevert1 2 жыл бұрын
I hit my head in a five ton truck and l am not happy it’s not being acknowledged, can you represent me!
@ironwill360
@ironwill360 Жыл бұрын
What about SMC-T or SMC2/T
@stuffandtreasure9939
@stuffandtreasure9939 Жыл бұрын
I only get the policy limit
@johnobrien7539
@johnobrien7539 3 жыл бұрын
I’m rated at 50% PTSD. I have a TBI exam in a few weeks. Is it possible for the VA to actually lower my PTSD rating after my TBI exam ? I’m so worried the VA is going to screw me by lowering my overall rating.
@Jeremy-ni5cz
@Jeremy-ni5cz 2 жыл бұрын
Did the tbi rating mess with your ptsd rating?
@journeyto100channel2
@journeyto100channel2 2 жыл бұрын
Any update…please?????
@itzzjh__
@itzzjh__ 2 жыл бұрын
unfortunately, they can.. mental and tbi often times mingle w the same symptoms. With that the case, to separate the two you would mostly get a separate rating for only physical symptoms associated with a tbi.. for example thats why after a tbi people go the migrane route... its a chance at 50 percent for constant migranes. tbi rating can be tricky and effect mental health claims... if you want to play it safe just keep mental for another thing separate and use tbi as a door the the migranes.. just my opinion unless your tbi has caused significant damage and its quite obvious.
@journeyto100channel2
@journeyto100channel2 2 жыл бұрын
@@itzzjh__ they found a Compressed nerve in my Neck a few years ago. (Hyperflexia) And I live with headaches.. can this help land me a Separate rating with TBI?
@itzzjh__
@itzzjh__ 2 жыл бұрын
@@journeyto100channel2 it sure can I also have some what the same pinched nerve in c4-c6 area , was told could be cause of migranes
@claminspecter1168
@claminspecter1168 Жыл бұрын
I have actually 2 questions I draw for TDIU 100% P/T and I draw for housebound status . First I was sent to DURHAM VA MEDICAL CENTER for 3 days for a TBI WORKUP the doctor said she would call for the results. In to days she called and said I'm sorry but its positive and I'm going to call your local VA to assist you in filing for SSDI. I missed the cut off credits for it but after I was sent my disability papers stating all my decisions about 3 years later the TBI was done and the VA sent me for a sleep study and it was positive and I was issued a cpap machine and I dont wont to leave out I'm drawing housebound status cause I'm afraid of the outside and light bothers me I'm rated 50% for major depression disorder a anxiety with panic attacks and agoraphobia and 70 % for 5 OPERATIONs on my right hand due to trauma to it fast roping off the coast of Lebanon. That's how I got my TBI falling and hitting my head on the metal deck of the ship and severing my nerves in my right hand so I have lose of use in my right hand I have no idea what I'm drawing SMC-S or SMC-K I think I'm drawing K but I am housebound and I go out in town to a opioid substance abuse clinic and I've been attending there for right at 20 years. I see the Psychiatrist there sometimes every month or every 3 months I have a one on one therapy mandatory per month and I go to group therapy once or twice a month mandatory. I have not been in public for over 8or 9 years I do my appointment by telehealth or zoom and recieve 1 week of take home methadone doses due to clean drug screens but I have such a hard time taking care of myself. My brother lives with me but he also is disabled mentally so he helps me cook or he pays a woman to cook for us 3 times a week. What should I do my TBI, SLEEP APNEA , and I've been being treated for PTSD for years but it was AFTER I got my decision letter. My Psychiatrist wrote a letter from the clinic and I gave it to the local Va it stated I needed a service dog and that it would help me emotionally and would hit on my severe anxiety and panic attacks. But they didnt do anything. I dont go the the local VA because they treat me so bad. I'm sorry this is so long thank you for any and all help u can give me.
@user-jd8by1my1x
@user-jd8by1my1x 2 ай бұрын
Iyour doctor is your s
@johnnycontreras6307
@johnnycontreras6307 3 жыл бұрын
if my TBI happened 27 years ago, i assume its to late to make a claim? TIA
@CCK_Law
@CCK_Law 3 жыл бұрын
If you are suffering from residuals of your TBI, you can still qualify for VA disability compensation cck-law.com/blog/faq-friday-how-does-the-va-rate-traumatic-brain-injury-tbi/
@EplusE5
@EplusE5 Жыл бұрын
I had a concussion in the military which I was thought was mild and never thought twice. But then I suffer from insomnia anxiety and inability to concentrate and my doctor said these could be lasting effects from said concussion.. so in a nut shell it’s never too late
@johnnycontreras6307
@johnnycontreras6307 Жыл бұрын
I actually ended up with percentage. Thanks for the information
@usmcmarine3987
@usmcmarine3987 3 жыл бұрын
I need representation. I am frustrated with Woods n Woods.
@CCK_Law
@CCK_Law 3 жыл бұрын
Please feel free to reach out to our office for a free consultation at (844)567-1185
@JimboJones2022
@JimboJones2022 Жыл бұрын
I went to the VA for an example for TDI I did not file a claim but a C&P examiner examined me. He didn't do a neuropsychological exame or did he take in account that I had a seizure. I already had 50% PTSD he rushed me through the exame. I went back in my chart and he marked off answers of questions that he didn't even ask me. Is this normal?
@marcusbennette8454
@marcusbennette8454 Жыл бұрын
Same happened to me back in 2006.
@jeffnary9561
@jeffnary9561 2 жыл бұрын
J
@jameswhyard2858
@jameswhyard2858 3 жыл бұрын
Xray, cat scan, mri will not reveal TBI...
@metalarteestsliger9321
@metalarteestsliger9321 2 жыл бұрын
Some scans do provide evidence such as scar tissue and asymetry with no know ideation. A larger and complex list is a hand but there is research easily availablre. I would be more accurate to say scans can provide evidence, but not as offten as you may think. Some damage is not significant to show TBI, however that dosn't rule out a TBI
@henrypowers3682
@henrypowers3682 2 жыл бұрын
I’m 100 P/T PTSD TBI BUT MY TBI WAS 70% they took it back to give me 100 % but my disability are TBI I’m SMC-S1 but I apply for A&A but they deny me of everything when I clearly Qualify for the rating I think my wife said we should have been getting SMC T rating from the start
@journeyto100channel2
@journeyto100channel2 2 жыл бұрын
They found that I have hyperflexia with TBI. Do y’all know what they are talking about????? This was back when found in 2019. I’ve been living with headaches, irritability, difficulty in thinking and concentration. Simple instructions are easily slip off my mind. I feel so lost and don’t feel like I can be myself when I try to communicate with my employer.
@donkeeefarms3795
@donkeeefarms3795 2 жыл бұрын
Functional MRI
@rpcdude
@rpcdude Жыл бұрын
As long as the TBI is service connected, do the raters have to give the rating based on which book is checked or can they rate however they want?
@rpcdude
@rpcdude Жыл бұрын
Amazing. Lawyers pretending to care about veterans, yet not one question in the comments answered.
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