New VA Rule for Traumatic Brain Injury Secondary Illnesses

As we posted in a blog last year, the VA disability attorneys at Perkins Studdard have been tracking changes to VA rules making it easier to service-connect certain illnesses in veterans with traumatic brain injuries (“TBIs”).  We are pleased that these rules, found in 38 C.F.R. § 3.310, are now in effect as of January 16, 2014.  If you suffered a TBI in service and now have one of the five covered illness, VA presumes that the secondary illness is related to the TBI.  That means no evidence is required to prove a nexus between the secondary illness and your military service.  This rule change does not mean a veteran suffering from one of these five illnesses will be presumed to have suffered a traumatic brain injury; the in service TBI must still be proven with evidence.

Illnesses covered by the Traumatic Brain Injury rule change

The five illnesses covered by the rule change are:

  •  unprovoked seizures,
  • dementia (which the VA understands to include presenile dementia of the Alzheimer type and post-traumatic dementia),
  • symptoms of Parkinson’s disease,
  • hormone deficiencies caused by changes in the hypothalamus and pituitary glands, and
  • depression.

Why was the rule change made?

The Department of Veterans Affairs enacted this rule in response to a report by the National Academy of Sciences, Institute of Medicine (IOM), “Gulf War and Health, Volume 7: Long-Term Consequences of TBI” that found sufficient medical evidence of links between these five illnesses and TBIs like those suffered by veterans in Iraq and Afghanistan.

What does the Traumatic Brain Injury Secondary Illness Presumption mean?

To qualify for the presumption, a veteran must still prove the TBI and must prove the secondary illness is one of the five on the list above.  Upon doing that, the VA must automatically consider the illness to be related to the TBI without further medical evidence to establish service-connection.  That means less paperwork and review, which should result in faster processing times for these claims.

Whether the presumption is to be applied depends in part upon the severity of the TBI (mild, moderate, or severe as defined by DoD guidelines) and the amount of time between the TBI and the onset of the secondary illness.  The criteria are different for each of the five secondary illnesses.  Even if the criteria for establishing the presumption are not met, it is important to note that veterans can still establish direct service connection as they could in any other claim.

Questions about Traumatic Brain Injury

Many veterans should benefit from this proposed new VA policy.  TBI is called the “signature wound” of Operation Enduring Freedom and Operation Iraqi Freed (OEF/OIF) because of the widespread use of improvised explosive devices (IEDs) among insurgents.  Over 250,000 service members suffered a TBI from 2000 to 2012, although health experts believe this number to be much higher in reality.  If you have questions about veterans benefits or would like a free consultation with one of our attorneys that handles veterans disability claims, simply complete the “Need Help” form or call the phone number on the right side of this page.

Travis Studdard is an attorney who focuses on representing veterans in VA disability compensation claims.  He regularly writes about issues that are important to veterans and their families.

You can subscribe to his Veterans Disability channel on YouTube.

I could not have asked for a better lawyer to represent my worker comp. case. Any questions I had during the process was always answered in a timely manner. Mr. Perkins really cared about insuring that I wasn't being taken advantage of during this process and helped us reach a settlement that I feel comfortable with. I would recommend this firm to my parents or children.syndel Laber
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My family and I are so grateful for Jason Perkins and his team. Jason explains thing's to detail and walks you through every step of your case. I would highly recommend Perkins Studdard for your legal needs. Thank you so much Jason and Tina!Chapin & Lea Anne Warner
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Jason really has helped me so much through this hard experience I have went through! And the ladies in the office was wonderful with any and everything I had questions about! I highly recommend using this lawyer office to everyone and Jason Perkins for sure!! Thank y'all for everything and making it easier to get through this long though experience! James HammittJames Hammitt
Thank you so much ! I received excellent representation from the entire Perkins Studdard Law firm, my VA claim was resolved and granted in a timely manner, they were hands on with me during the entire process. I would definitely recommend the firm to any veteran deciding to file a VA claim.Darrell Lynn
I would like to thank the law firm of Perkins-Studdard (Travis) and his team, for performing such an outstanding job, at every possible level, during my recent situation with the VA Disability Claims . From the first time I called and spoke with Mr Studdard with an overview of my situation, until the final settlement was executed (successfully I may add), I always felt that I was in good hands with this firm. Everyone in the office, Jessica, and April were responsive, approachable, knowledgeable, good listeners, and extremely professional. Mr. Studdard was realistic of the circumstances and of the potential difficult process that would lay ahead, should I proceed. I can’t say enough about Travis, and I will always be thankful to him. Travis was committed, and he instilled a real sense of confidence during both the highs and the lows. He ultimately prevailed and the outcome was very much in my favor. Of course, each case is different on its own merits and one can never predict how things ultimately will turn out. All I know is that the settlement far exceeded my expectation. Mr. Studdard has been a blessing to me. I strongly recommend that anyone who would find themselves in a similar legal situation with the VA to contact Law Offices of Perkins Studdard for a consultation. It was a very positive experience given the circumstances. Thank you again, I shall forever be in your debt.Concetta Hogg
Mr. Perkins, I cannot express enough how thankful I am for your exceptional representation. Your hard work, expertise, and unwavering commitment to my case have left an indelible mark. Thanks to you, I can now move forward with my life, confident that justice has been served.Esli Roque
Travis and his team have been a blessing for me and my family. They have done an amazing job in helping me navigate the VA appeals process. They kept their eye on the ball all the way through the long, difficult and confusing process. I highly recommend Travis and his team because thanks to their professionalism and know how, I got the benefits I deserve.Daniel patriot

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