The Veterans Administration Expands Veterans Disability Benefits to Include PTSD, TBI
As of January of this year, the Veterans Administration has expanded the list of TBI-related illnesses to make Veterans Disability benefits more easily accessible to former servicemen and women.
On December 16th, 2013, the VA decided to loosen the previously restrictive rules around TBI and mental illness Veterans Benefit filings to include five new conditions that are linked to traumatic brain injury. Those conditions are Parkinson’s disease, dementia, hormone deficiencies related to the hypothalamus, pituitary, or adrenal glands, depression, and unprovoked seizures. The rulings update officially went into effect in January 2014.
The change was spurred by a report from the National Academy of Sciences, Institute of Medicine, called “Gulf War and Health, Volume 7: Long-Term Consequences of Traumatic Brain Injury,” which detailed a direct link between TBI and these five diagnosable, long-term illnesses. Because of the direct link, the VA found that it was important to expand Veterans Disability benefits to include these illnesses to expedite claims involving mental illness or TBI.
The only exceptions, according to the VA’s ruling, will apply in cases where the TBI is deemed less than moderate or severe.
The ruling comes as many veterans of the Gulf War are beginning to experience the long-term symptoms of TBI.
“We decide veterans’ disability claims based on the best science available,” said Secretary of Veterans Affairs Eric K. Shinseki. “As scientific knowledge advances, VA will expand its programs to ensure veterans receive the care and benefits they’ve earned and deserve.”
Although TBI or concussions can be caused in a variety of other ways, the VA estimated that at least 51,000 of the 287,000 cases of traumatic brain injury diagnosed in active-duty servicemen and veterans are directly related to serving in a war. So far, 62,000 cases of veterans with TBI have been recorded since the beginning of the wars in Iraq and Afghanistan.
TBI and Veterans Disability Benefits
Traumatic Brain Injuries (TBI) are not like other injuries. Unfortunately, because many of the symptoms of “mild” to “moderate” traumatic brain injury go unnoticed, many severe injuries are not detected until much later. The injury commonly avoids detection on hospital imaging equipment, including the emergency room.
Traumatic brain injury can occur when the head suddenly and violently hits an object, or when an object pierces the skull and enters brain tissue.
A TBI may be the result of a
- car wreck,
- trucking accident,
- motorcycle accident,
- work accident,
- defective product, or
- an accident due to a dangerous condition on the property of another.
The long-lasting symptoms of a TBI could lead to a Social Security Disability or Veterans Disability benefits filing. If the TBI was caused by active military service, then Veterans Disability benefits could apply. To be entitled to service-connected benefits, a veteran must prove that his disability was the result of military service or medical treatment by the VA hospital and was not the result of his own willful misconduct.
In many ways, disabled veteran’s benefits involve issues and challenges that are very similar to those we experience in helping non-veterans apply for and obtain Social Security disability benefits.
The Strom Law Firm Can Help With Veterans Disability Problems in South Carolina
If past problems with your records affect your ability to apply for Veterans Disability in the state of South Carolina, the attorneys at the Strom Law Firm can help. Veterans Disability can be complex. Not understanding the basics and not having counsel can leave you in a bind. We understand that you need your benefits. We will put our years of experience to work for you to ensure that you have the representation necessary to actively pursue your claim. Call the attorneys at the Strom Law Firm today to discuss your Veterans Disability case today. We will be glad to discuss any questions you may have during our free, confidential consultation. Call the experienced attorneys at the Strom Law Firm at (803)252-4800.
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