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.

Rita BarnesRita Barnes
00:03 20 Jan 22
This is a great group of people who really care about your well being. They all treated me as though I was family and helped me with my work comp case in more ways than the average would have.Thank you Jason and Thank you Tina! For doing an awesome job.
Cortex ButlerCortex Butler
18:09 29 Dec 21
I am a Veteran of United States Air Force and was awarded my first 30% in 1996 and have been fighting for my rating for 26 years I came to Perkins and Studdard in 2019 while my mom was in a terrible incident and was given to much anesthesia and through GODS Grace she was spared her life, She is disabled since 2018 and I have been struggling with my life and issues and yet I didn’t call the law firm every 10 minutes or call being rude anytime, I mentioned this as I got to know Jessica more than just a phone call and Mr Studdard was always available when not working on other cases or in court, They always called back and Never had to do a call back, My Review is Simple in Life there peaks and valleys and it doesn’t stop because you have issues, Perkins & Studdard took my case in 2019 in 2021 I received my 100% from VA, I Was Never Rude, I was Never Promised Success, I Was Never Lied too and I was Always Treated with Respect, Friendliness, and Kindness the Real Stuff not a (Money Thing) If You want a firm that Cares about the Client and will work on your case even through a pandemic, Will not lie, will not promise anything will communicate your case and will Give you their Best ALWAYS THIS IS THE Best Law Firm for VETS HANDS DOWN Perkins and Studdard THERE IS NO OTHER 100% we had 5 calls Total Case That’s Taking Care Of Business
annetteMomma nokesannetteMomma nokes
14:29 12 Sep 16
Jason and his paralegal Lisa were on point and on top of their game when it came to handling my worker's comp. injury case. I tried going it alone and the insurance carrier pushed me around. They denied extra physical therapy. They denied injections the doctor recommended to ease my pain. When I turned my case over to Jason things turned around, QUICK. They were at all times attentive and on top of my case. I cannot recommend Jason and his staff enough. If you are hurt at work, this is the firm you want on YOUR side.
Sheila KirklinSheila Kirklin
23:11 12 May 16
Jason Perkins, was my lawyer in a workers comp. case, my case has settled now, and I am very happy for all Jason and his office hard work on my case, he was always there to help me out with any questions that I had or help I needed. Jason is a excellent lawyer and if I ever need another one I would only go to Perkins,Because I believe they would be able to help me in any situation I am in need of..
Anna PabonAnna Pabon
23:16 13 Sep 15
I recommend Perkins Law Firm. Everyone I came in contact with there was very nice. Kim was very helpful and any time I had a question she made sure I got an answer. Ann Margaret really took the time to explain things to me.
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