Veterans Can Retake TBI Exams after Confusing VA Policies Denied Benefits to Thousands of People
Reports began to surface last year from around the country about veterans who were denied benefits for traumatic brain injury incurred during active duty. As allegations began to stack up, the Veterans Affairs Department began a systematic review of policies that applied to the disability. Years of botched examinations and dedicated investigative journalism finally came to a head on June 1, 2016.
The VA announced that more than 24,000 veterans qualify to undergo another medical examination to assess traumatic brain injury. If the new exam finds that TBI was originally misdiagnosed or is more severe than the original assessment, veterans will be awarded benefits from the date of the initial claim. This is a huge win for veterans with TBI, who have suffered for years at the hands of the VA.
How were so many veterans misdiagnosed?
The Military Times reported, “VA officials said the department had issued a ‘number of guidance documents that may have created confusion regarding the policy’ requiring the exams be done by certain doctors, resulting in a large number of former service members either being denied compensation or receiving a lower disability rating. ‘We let these veterans down,’ [VA Secretary] McDonald said.”
While the effort to correct past mistakes is a step in the right direction, this issue is just another in a string of injustices perpetrated against our nation’s servicemen and women. Townhall reminds us, “For years, veterans were subjected to dirty equipment, denied care because faulty documentation listed them as deceased, while hundreds of thousands of others were forced to wait for care for months at a time. How did VA Secretary Bob McDonald respond to the egregious wait times? He compared it to those pesky lines at Disney World.”
Our veterans deserve better. We understand the challenges that face victims of TBI. From minor impairment to permanent brain damage, they change the lives of victims and their families, and fighting for fair compensation is something your family doesn’t have to face alone. The experienced and compassionate South Carolina traumatic brain injury attorneys at McGowan, Hood, Felder & Phillips LLC fight for veterans. We can evaluate your case and help get you the compensation you deserve. Don’t let big agencies or big business take advantage of your loved ones. Call 803-327-7800 or contact us today for a free consultation.
Randy is the former President of the South Carolina Association for Justice. He has been certified by the American Board of Professional Liability as a specialist in Medical Malpractice Law which is recognized by the South Carolina Bar. Randy has also been awarded the distinction of being a “Super Lawyer” 10 times in the last decade. He has over 25 years of experience helping injured people fight back against corporations, hospitals and wrong-doers.
Read more about S. Randall Hood