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Traumatic Brain Injury

Veterans Disability Attorney in South Portland, Maine

traumatic brain injury

A veteran refers to a person who served in the active military, naval, or air service and who was discharged or released under conditions other than dishonorable. Military members and veterans returning home from their service may have been exposed to a range of physical, chemical, and environmental hazards. Most cases of disability or death among veterans are caused by traumatic brain injuries (TBI).

In the United States, the Veterans Affairs (VA) is a government organization that assists people who have served in the armed forces. Veterans with service-related TBIs can get assistance by filing their claims for VA health care benefits. A credible TBI veteran disability lawyer in South Portland can assist you in filing traumatic brain injury claims, measuring your losses, and pursuing appeals in the event of a veteran’s benefits denial.

At Jackson & MacNichol, our lawyers have extensive experience in handling traumatic brain injury claims, Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI) claims, and Veterans Administration disability claims, including Post Traumatic Stress Disorder (PTSD) claims, and much more. We develop winning legal strategies and ensure that you receive full and fair compensation for your injury.

Call us now at 888-897-1653 to schedule an initial consultation.

What is a Traumatic Brain Injury?

A traumatic brain injury (TBI) is caused by a penetrating head injury that disrupts the normal function of the brain. It is not a genetic disease. Most TBI cases are caused by an external force, often due to a strong blow to the head or a violent movement of the head. Vehicular accidents, sports-related injuries, and explosive blasts from military service can cause traumatic brain injuries.

A person with TBI may not show any sign of pain. This is why TBI is also known as the “invisible injury”. Despite the absence of external signs, a person with TBI has suffered serious brain damage. TBI may be classified as mild or severe.

Mild brain injuries or concussions may cause short-term cognitive and behavioral risks. It may cause lingering mental and physical effects if the person did not receive proper medical treatment. On the other hand, severe TBIs may lead to an extended period of unconsciousness or memory loss. Patients may require intensive medical examination and intervention to survive. They may also suffer a long road of recovery with potential lifelong disability.

A TBI which occurs while in service could form the basis of a successful claim for disability benefits. If you sustained a brain injury while serving on active duty, a reliable Maine TBI veteran disability attorney can help you determine whether you are qualified to file for disability compensation claim.

What are the Common Symptoms of Traumatic Brain Injury?

Traumatic brain injuries require certain criteria to be medically diagnosed. The severity of the injury is usually determined by a licensed physician at the time of the injury. A series of tests must be done including x-rays, conventional computed axial tomography (CT) scans, or conventional magnetic resonance imaging (MRI).

TBI can cause physical, cognitive, emotional, and behavioral symptoms. In most cases, TBI carries symptoms including:

  • Dizziness
  • Loss of consciousness
  • Confusion
  • Visual disturbances
  • Trouble Sleeping
  • Loss of memory of the injury-causing event
  • Persistent headaches or neck pain

If you are suffering from any of the above-mentioned symptoms, you may be suffering from a form of TBI. Getting immediate and proper medical treatment can help increase your chances of recovery. If TBI disrupts you from doing your daily tasks, affects your relationships, or prevents you from keeping a job, then you may be entitled to receive VA disability benefits.

You have the option of getting screened for TBI at a VA Medical Center. Even if the VA has agreed that you suffer from a disability, their rating decision may not reflect the severity of your TBI. In this case, you may seek legal help from a knowledgeable Maine TBI veteran disability lawyer to review the details of your VA disability claim.

How Do I Prove a Service-Connected Traumatic Brain Injury?

To qualify for veterans’ disability benefits for a TBI, veterans must establish service connections. A skilled South Portland TBI veteran disability lawyer can help you prove that your brain injury is connected to your military service. To accomplish this, a disabled veteran’s claim and the evidence that the VA develops must meet the following criteria:

You must have a current diagnosis of TBI.

A veteran must have a current disability due to residuals of a TBI. You must prove that you are suffering from head trauma. The diagnosis can be verified by a physician or a VA examiner. If your disability is only loosely connected to a TBI you experienced in the service, you might not be eligible for VA benefits.

You had suffered from an in-service injury.

It is important to keep accurate documentation of any in-service injury that has caused your disability. Your records should include the date, time, and cause of the incident. You must also state all the medical treatment you received and how the incident affected your physical and mental health.

There should be a link between the current disability and the in-service injury.

A medical nexus is required to establish a connection between your TBI and your in-service injury. This document is important in filing a VA disability claim. All the details of your physical, mental, intellectual changes must be included in your statement. If you can also prove that a secondary condition was caused by the initial TBI, you can recover additional compensation.

When you apply for disability compensation for a TBI, the VA will review your documentation and evidence. They will examine your personnel and medical records and look for evidence to prove service connection. In addition, you must also provide personal statements and witness statements.

In some cases, the VA may require you to attend a Compensation & Pension examination. The VA clinician will do an assessment and provide a medical opinion regarding the severity of your medical condition. Failure to report to this examination may lead to the denial of your claim.

How Do I Appeal a Veterans Affairs Decision About My TBI Claim?

Head injuries are not always easy to prove. Most veterans have difficulty getting a traumatic brain injury approved for disability. The VA will not approve your claim unless you have met all the requirements for a VA disability claim.

After the VA processes your claim, the VA Regional Office will send you a letter that states your disability rating and monthly benefit amount. If you disagree with the decision, you have the right to appeal. If your claim for a TBI was denied, a seasoned VA disability attorney in South Portland could help you with the appeals process.

Hire an Experienced TBI Veteran Disability Lawyer in Maine Now!

Serving in the military involves many health risks. If you are a veteran suffering from a service-related traumatic brain injury, you may be entitled to receive VA disability benefits. The compensation from the VA’s disability benefits program can help you recover financial damages to pay for past and future medical expenses, pain and suffering, and lost wages. However, the rules and regulations governing the VA disability claims process can be confusing if you will handle it alone.

For help with understanding the claims process, filing complete paperwork, and challenging the VA’s decision, do not hesitate to consult our competent Maine TBI veteran disability lawyers at Jackson & MacNichol. Our veterans disability law firm will help you review your case, understand the claims and appeals process, gather evidence to prove the service connection of your TBI, and receive the fair compensation you deserve.

Schedule a consultation today by calling us at 888-897-1653.

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