How to Get a 100% VA Disability Rating for TBI (Traumatic Brain Injury) – Veterans Help Group

Military service members suffer traumatic brain injuries in many of the same ways the general population does. For example, a traumatic brain injury may occur as a result of a fall, a motor vehicle accident, or a physical assault. Service members also face some special risks during their service. One of the more significant is blast exposure. The shock wave from a blast from an IED, rocked propelled grenade or certain other explosives can cause trauma to the brain even when there is no physical contact. 

A TBI may be mild with short-term symptoms, or may be more severe with long-term or life long impacts. A serious traumatic brain injury can be life altering. 

If your TBI is service-connected, you may qualify for VA disability benefits. In fact, more than 150,000 military veterans are receiving VA disability benefits for ‘brain disease due to trauma.” The benefits available vary significantly depending on your VA disability rating. Here’s what you need to know about securing a 100% VA disability rating for TBI.

How Does the VA Rate Traumatic Brain Injury?

Depending on the severity of a service-connected TBI, a veteran may be assigned a disability rating of 0%, 10%, 40%, 70% or 100%. The system for assigning a disability rating is somewhat different from the standard format. In the analysis for TBI residuals, the VA assesses the veteran on 10 separate facets of TBI. They are: 

• Memory, attention, concentration, and executive function
• Judgment 
• Social interaction
• Orientation
• Motor activity
• Visual-spatial orientation
• Subjective symptoms
• Neurobehavioral effects
• Communication
• Consciousness

Each facet is rated 0, 1, 2, 3 or Total, based on the level of impairment. The VA disability rating is based on the highest level assigned to any facet. For example, if total impairment is assessed for a single item on the list above, the veteran will receive a 100% VA disability rating. Remaining ratings are assigned as follows: 

There may be overlap among the listed facets, and some of the symptoms and limitations are subjective. Few have a clear, objective means of measurement. That means the evidence you present and how you present it is critical in securing your disability rating.

TBI Benefits Vary by VA Disability Rating

When a veteran is assigned a 100% VA disability rating, they have access to more significant monetary benefits and to types of benefits not every disabled veteran receives. Here’s how TBI ratings impact available benefits. 

If the 100% disability rating is permanent, there are additional benefits available, including educational and healthcare benefits for eligible dependents.

Getting a 100% VA Disability Rating for TBI

You can see from the information above just how much difference it can make to secure a 100% disability rating. Here’s what you need to know about increasing your chances for the highest possible rating.

1. Tie your TBI to your military service. You will need both a diagnosis and evidence that you sustained your traumatic brain injury during your military service. This may require military service records to establish the event, buddy statements, and/or a nexus letter from a medical professional.
2. Include every possible service-connected claim, and residuals from your TBI that are not included in the list above. You may be entitled to a separate disability rating for another condition, raising your overall VA disability rating. 
3. Ensure that you provide thorough medical documentation for your symptoms, and statements from people in your life who can attest to your symptoms and limitations. Though the VA may send you for an exam or additional testing, it’s up to you to establish that you meet the criteria for total impairment in at least one category.  
4. Promptly cooperate with any requests from the VA. Attending C&P exams and providing additional information and documentation requested can make the difference between an appropriate disability rating and one that is too low–and perhaps even between approval and denial.

Another reason it’s important to include all of your conditions is that the VA has more than one option for assessing your claim for TBI benefits. If focusing on a condition that has a separate listing (or a combination of separately listed facets) would result in a higher disability rating, the VA must assign a rating on that basis. When you work with an experienced VA disability benefits advocate, your advocate can help determine which conditions may qualify for a rating and how to organize your evidence. 

Work With an Experienced VA Disability Benefits Advocate from the Start

The best way to improve your chances of receiving the highest possible disability rating based on your original claim is to get help from a knowledgeable advocate before you file. An experienced advocate can help you avoid mistakes in your claim, ensure that you have included the best evidence available, advise you on who should submit buddy letters and what their focus should be, help you obtain a nexus letter, prepare you for your C&P and otherwise help ensure that you submit the strongest claim possible.

If you’ve already received a denial or have been assigned a VA disability rating you believe is too low, we can still help. Our advocates are experienced with every step in the process, and can help you determine the appeal path that’s most advantageous for your situation and put together the strongest appeal possible. But appeals add time to the process, potentially delaying your access to the benefits you deserve by months or even years. 

To learn more about how Veterans Help Group can assist, no matter where you are in the process, call us today at 855-855-8992 or fill out our contact form HERE.

Disabled Veteran Resources:

• FREE Downloadable VA Disability Benefit Guidebooks
• Veteran Social Security Disability Qualification Questionnaire
• Most Commonly Approved VA Disability Claims
• Veterans Disability Benefits Calculator