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Home > Practice Areas > VA Disability Benefits for Traumatic Brain Injury (TBI)

VA Disability Benefits for Traumatic Brain Injury (TBI)

You’ve lived with the lasting effects of a head injury from service — headaches, memory lapses, balance problems, or sudden mood shifts. These aren’t “just part of getting older.” They may be signs of a traumatic brain injury (TBI) connected to your time in uniform.

TBIs are often ‘invisible injuries,’ meaning symptoms aren’t immediately obvious, making proper documentation and expert evaluation critical to a successful claim.

The VA recognizes TBI as a qualifying disability, but proving that connection takes clear evidence and persistence. Put simply, veterans diagnosed with TBI can qualify for monthly disability compensation if the injury is linked to their service and properly documented.

Capovilla & Williams helps veterans across the country secure the VA compensation they’ve earned. Our team of VA disability lawyers — former military officers ourselves — knows the system from the inside out.

Need help now? You can contact us online or call 866-951-0466 for a free consultation. There are no out-of-pocket costs for VA disability cases.

What Is a Traumatic Brain Injury (TBI) for VA Disability Purposes?

A traumatic brain injury occurs when an external force — such as a blast, fall, vehicle crash, or direct blow to the head — disrupts normal brain function. Even “mild” concussions can cause lasting neurological effects, including cognitive, emotional, and physical changes.

In military contexts, TBIs are often linked to:

  • IED or blast exposure
  • Training accidents or falls
  • Vehicle rollovers or hard landings
  • Repetitive concussive events

TBIs are rated by severity — mild, moderate, or severe — based on the length of unconsciousness, memory loss, and imaging results.

How Does the VA Determine Service Connection for a TBI?

To receive benefits, you must show that your TBI was:

  • Incurred or aggravated during active duty, or
  • Secondarily connected to another service-related injury (for example, PTSD, migraines, or seizures caused by a previous TBI).

The VA calls this establishing a “service connection.”

Even if your symptoms appeared months or years later, you can still qualify if your medical records or expert evaluations demonstrate a clear link between your service and your current condition.

Does It Matter if the Injury Happened Off Duty?

Yes, and no.

If the TBI occurred while you were on active duty status (even off base or outside of duty hours), you may still qualify for compensation if the incident was not due to misconduct and happened “in the line of duty.”

For example:

  • A head injury sustained during a base sports activity or training exercise may qualify.
  • A car accident off-post during active duty can also qualify, depending on the circumstances.

Each case depends on how the VA determines “line of duty” status under 38 CFR §3.1(m). Our attorneys can help you navigate these distinctions and build the evidence needed to prove eligibility.

When Does the Diagnosis Need to Happen?

Ideally, a TBI diagnosis appears in your service treatment records (STRs) soon after the event. But many veterans are not properly diagnosed until years later, when symptoms worsen.

The VA does accept post-service diagnoses, especially when:

  • There is documentation of the in-service event or incident, and
  • A qualified medical professional provides a nexus opinion linking the current TBI to that service event.

Even if your injury wasn’t formally diagnosed while serving, you can still qualify with the right medical evidence and nexus letter.

Who Can Diagnose a TBI for VA Disability Claims?

The VA requires a qualified healthcare provider to diagnose and assess a TBI. According to 38 C.F.R. § 4.124a, acceptable examiners include:

  • Neurologists
  • Physiatrists (rehabilitation doctors)
  • Psychiatrists
  • Neurosurgeons

In some cases, the VA will schedule a Compensation and Pension (C&P) Exam with one of its own providers to confirm the TBI diagnosis and assess the severity of your symptoms. It’s important to note that the C&P exam provides evidence, but the VA regional office ultimately determines the rating and service connection.

However, private medical evidence — especially from specialists — can be critical in strengthening your claim. Capovilla & Williams routinely helps clients gather independent medical opinions to ensure their condition is properly documented.

How Does the VA Rate a Traumatic Brain Injury?

The VA evaluates TBIs under Diagnostic Code 8045 in 38 C.F.R. § 4.124a, which covers neurological conditions. Ratings are based on the impact of the TBI on daily life, considering three main areas of dysfunction:

  • Cognitive: Problems with memory, attention, concentration, or executive functions.
  • Emotional/Behavioral: Depression, anxiety, or mood changes linked to the injury.
  • Physical: Headaches, dizziness, balance issues, or sleep problems.

Each area is assessed on a scale from 0 to 3 (or “total”), reflecting the severity of impairment. The VA then assigns a disability percentage, typically 10%, 40%, 70%, or 100%, based on the highest level of dysfunction.

VA Rating Key Criteria What It Means
10% Mild symptoms; normal cognitive function Service-connected, minimal impairment
40% Moderate cognitive or behavioral issues Ongoing symptoms affecting work or daily life
70% Severe cognitive, emotional, or physical deficits Significant functional impairment, likely unemployable
100% Complete or total impairment Full compensation for permanent disability

Veterans with severe or multiple TBIs may also qualify for Total Disability based on Individual Unemployability (TDIU) if they cannot maintain gainful employment. Essentially, the greater the impact on daily function, the higher the rating — and the greater the monthly compensation.

What Evidence Strengthens a VA TBI Claim?

In summary, a successful TBI claim is built on documentation and consistency. Essential evidence includes:

  • Service treatment records showing a head injury, loss of consciousness, or treatment for concussion.
  • Post-service medical records documenting continuing symptoms.
  • Statements from fellow service members or family describing noticeable cognitive or behavioral changes.
  • Neuropsychological testing results linking symptoms to the TBI.
  • Independent medical opinions from qualified professionals.

Even small details — like a single entry in your medical file noting a “head injury, blast exposure, or concussion” — can make a difference.

Common Secondary Conditions Linked to TBI

A TBI often triggers or worsens other conditions that may be rated separately by the VA. These include:

Secondary Condition How It Connects to TBI
PTSD TBIs can intensify anxiety, memory loss, and irritability
Migraines Frequent headaches are a common long-term TBI symptom
Seizure Disorder Post-traumatic epilepsy can appear months or years later
Depression / Anxiety Emotional instability is often tied to brain chemistry changes
Sleep Disturbances Neurological damage affects rest cycles and concentration

If you have multiple related conditions, the VA must rate each separately to reflect the full scope of your disability.

Tips to Strengthen Your TBI Claim

To build the strongest possible claim, follow the same systematic approach we use in our cases:

  • Get a formal diagnosis from a neurologist, psychiatrist, or physiatrist.
  • Request copies of your C&P exam and review for accuracy.
  • Gather service records showing the event, incident, or symptoms noted after injury.
  • Obtain a nexus letter linking your symptoms to your military service.
  • Ask family or colleagues to provide lay statements describing your behavior or memory changes.

In summary, a well-documented record showing service connection, symptom progression, and professional diagnosis gives your claim the strongest foundation.

What If My TBI Claim Was Denied or Rated Too Low?

Many veterans receive incorrect or unfair VA ratings, especially for invisible injuries like TBI. Common issues include:

  • The VA underestimated your level of cognitive impairment.
  • The C&P examiner wasn’t a qualified TBI specialist.
  • The VA ignored secondary conditions like migraines or depression.

If that happened to you, you can appeal the decision. Our VA appeals lawyers help veterans file appeals and submit stronger medical evidence to correct rating errors.

Why Choose Capovilla & Williams for Your VA TBI Case?

Capovilla & Williams is one of the nation’s top veterans’ defense and disability law firms. Our attorneys are former military lawyers who’ve stood where you stand now. We’ve seen firsthand how combat and training environments expose service members to blast injuries, falls, and other trauma.

We bring that experience to every VA case we handle, helping you present the strongest possible claim, supported by solid medical evidence and expert testimony.

And because VA disability representation involves no out-of-pocket costs, there’s no financial risk in reaching out for help.

Get the VA Benefits You Earned

If you believe a traumatic brain injury from your service is affecting your health or daily life, don’t face the VA alone. The claims process can be technical, but the right representation makes all the difference.

VA decisions can be complex, and even small errors or missing medical evidence can delay or reduce your benefits. An experienced veteran attorney can help gather the necessary medical records, document your symptoms, and present your case clearly to maximize your rating.

Contact us online or call 866-951-0466 to speak directly with a veteran attorney who understands your case — and your service. We are committed to guiding you through every step, advocating for your rights, and ensuring you receive the benefits you’ve earned through your sacrifice. Don’t wait — your health and future deserve attention today.

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