You know that feeling when something just isn’t right, but you can’t quite put your finger on it? Maybe you’re having trouble concentrating at work, or you find yourself getting irritated over small things that never bothered you before. If you’re a veteran dealing with these issues, especially after a deployment or military incident, you might be dealing with a traumatic brain injury (TBI) – and you’re absolutely not alone.
Here in Colorado, we have thousands of veterans who served our country with honor, and many of them are struggling with TBI-related challenges. The thing is, getting the VA to recognize and compensate you for these injuries can feel like fighting a whole new battle. But here’s the deal: you’ve got rights, there are folks who can help, and you absolutely don’t have to figure this out on your own.
What Exactly Is TBI, and Why Should You Care?
Let’s start with the basics. A traumatic brain injury happens when your brain gets jolted around inside your skull – think of it like shaking a bowl of Jell-O. For military folks, this can happen from explosions, vehicle accidents, falls, or even repeated exposure to blast waves from training exercises.
The tricky thing about TBI is that it’s not always obvious right away. You might walk away from an incident feeling fine, only to notice problems weeks or months later. That’s why some people call it the “invisible injury” – there might not be any visible wounds, but your brain is definitely dealing with some serious changes.
The Different Types of TBI
Mild TBI (Concussion)
This is the most common type among veterans. Don’t let the word “mild” fool you though – there’s nothing mild about how it can affect your daily life. It’s a big deal. You might experience headaches, memory problems, difficulty sleeping, or mood changes.
Moderate TBI
With moderate TBI, you might have lost consciousness for anywhere from 30 minutes to 24 hours. The symptoms are usually more noticeable and can include confusion, agitation, and problems with thinking clearly.
Severe TBI
This involves losing consciousness for more than 24 hours and can result in significant cognitive, physical, and emotional challenges that may last for years.
How Military Service Leads to TBI
If you’ve served in Iraq or Afghanistan, you know about IEDs (improvised explosive devices). These roadside bombs have been responsible for a huge number of TBI cases among our veterans. But that’s not the only way military service can cause brain injuries.
Common Causes in Military Settings
Blast Injuries
Even if you weren’t directly hit by an explosion, the pressure wave can cause your brain to bounce around inside your skull. Some veterans have been exposed to hundreds of these blast waves during their service.
Vehicle Accidents
Military vehicles don’t exactly come with the same safety features as your Honda Civic. Rollovers, crashes, and sudden stops can all cause TBI.
Falls and Impacts
Whether it’s during training, combat operations, or just the physical demands of military life, head impacts happen more often than you might think.
Repeated Low-Level Exposures
This is something we’re really starting to understand better. Even smaller impacts or blast exposures that happen repeatedly over time can really add up and cause trouble down the road.
Recognizing the Signs: Is It TBI?
Here’s where things get personal. Maybe you’ve been wondering if some of the challenges you’re facing could be related to your military service. TBI symptoms can show up in a lot of different ways, and they don’t always make sense at first.
Physical Symptoms You Might Notice
- Headaches that just won’t quit (and feel different from before)
- Feeling dizzy or having balance problems
- Nausea or vomiting
- Fatigue that doesn’t get better with rest
- Trouble with your vision or hearing
- Sensitivity to light or noise
Cognitive and Mental Symptoms
- Trouble concentrating or focusing
- Memory problems (especially with new information)
- Having a hard time making decisions
- Feeling confused or disoriented
- Problems with planning or organizing
Emotional and Behavioral Changes
This is often the hardest part for veterans and their families. You might notice:
- Getting irritable or angry more easily
- Depression or anxiety
- Mood swings
- Changes in your personality
- Trouble keeping your emotions in check
Sleep Issues
TBI can seriously mess with your sleep. You might have trouble falling asleep, staying asleep, or you might find yourself sleeping way more than usual.
The Challenge of Getting Proper Diagnosis
One of the biggest frustrations veterans face is getting their TBI properly diagnosed and documented. Unlike a broken bone that shows up clearly on an X-ray, brain injuries can be harder to “prove” with standard medical tests.
Why Diagnosis Can Be Tricky
Delayed Onset
Sometimes symptoms don’t show up right away. You might feel fine immediately after an incident, but start having problems weeks or months later.
Overlapping Conditions
TBI symptoms can look a lot like PTSD, depression, or other conditions. This doesn’t mean you don’t have TBI – in fact, it’s pretty common for veterans to be dealing with multiple conditions at once.
Documentation Issues
If your injury wasn’t properly documented when it happened, it can be tougher to prove that connection to your military service later.
Getting the Right Medical Help
If you suspect you might have TBI, don’t wait. Start with your primary care doctor, but also consider seeing specialists who understand brain injuries. In Colorado, we have some excellent medical facilities that specialize in treating veterans.
The VA medical centers in Denver, Colorado Springs, and Grand Junction all have programs specifically designed for TBI. They understand the unique challenges veterans face and can provide really thorough evaluations.
Understanding Your Rights as a Veteran
Here’s something every veteran in Colorado needs to know: if you suffered a brain injury during your military service, you have rights. The VA is supposed to provide compensation and medical care for service-connected injuries, and that definitely includes TBI.
VA Disability Ratings for TBI
The VA rates TBI disabilities from 0% to 100%, depending on how much your symptoms impact your ability to work and live your daily life. Here’s how they typically break it down:
0% Rating
You have a confirmed TBI, but your symptoms are mild and don’t significantly affect your daily functioning.
10% Rating
You have mild symptoms that occasionally interfere with work or daily activities.
40% Rating
You have moderate symptoms that regularly affect your ability to work and maintain relationships.
70% Rating
You have severe symptoms that make it very difficult to work or maintain normal social relationships.
100% Rating
Your TBI symptoms are so severe that you can’t work or take care of yourself independently.
What Compensation Might Look Like
The monthly compensation amounts change each year, but as of 2024, here’s a ballpark idea of what veterans can expect:
- 10% rating: around $165 per month
- 40% rating: around $755 per month
- 70% rating: around $1,716 per month
- 100% rating: around $3,737 per month
If you have dependents, these amounts can be higher. Plus, you might qualify for extra benefits like vocational rehab, medical care, or special adaptive equipment.
The Claims Process: What You Need to Know
Filing a VA claim for TBI can feel overwhelming, but breaking it down into steps makes it feel a lot less daunting. You’ll need to prove three main things: that you have a current disability, that something happened during your military service that could have caused it, and that there’s a connection between the two.
Gathering Your Evidence
Military Records
This is where you want to dig through any documentation from your service that might mention head injuries, explosions, vehicle accidents, or medical treatment you received.
Medical Evidence
You’ll need current medical records that document your TBI and its symptoms. This might include neurological exams, cognitive testing, or statements from your doctors.
Personal Statements
Seriously, don’t underestimate the power of your own story. Write down what happened during your service and how your symptoms have affected your life since then.
Buddy Statements
Statements from fellow service members who witnessed the incident or can speak to changes they’ve noticed in you can be a game-changer.
Common Challenges in the Claims Process
Lack of Documentation
This is often the biggest hurdle. Combat situations don’t always allow for proper medical documentation, and sometimes injuries that seemed minor at the time turn out to be more serious.
Delayed Filing
Some veterans wait years before filing claims, thinking their symptoms will get better on their own. While there’s no time limit for filing, it can just be tougher to connect it to your service if you wait too long.
Denials and Appeals
Unfortunately, many TBI claims get denied initially. This doesn’t mean you don’t have a valid claim – it often just means you need to present stronger evidence or get some legal help to make your case properly.
When Insurance Companies Get Involved
Here’s where things can get really complicated. If your TBI is affecting your ability to work, you might be dealing with disability insurance claims on top of your VA claim. Or maybe you were injured in a civilian accident after your military service, and now you’re dealing with auto insurance or other insurance companies.
Insurance companies – and I’m going to be blunt here – are not always your friends when it comes to TBI claims. They know these injuries are hard to prove, and they might try to minimize your symptoms or argue that your problems are related to something else.
Common Insurance Company Tactics
Requesting Excessive Documentation
They might ask for years of medical records, hoping you’ll just get frustrated and give up.
Independent Medical Exams
They might require you to see their own doctors, who might not really get TBI or military-related injuries.
Surveillance
In some cases, insurance companies actually hire investigators to follow claimants around, looking for anything that might contradict your disability claims.
Delay Tactics
They might drag out the process, hoping you’ll just take a lower settlement to get some money flowing.
Why You Need Legal Help
Look, I get it. You’ve been through enough, and the last thing you want is to deal with lawyers and legal paperwork. But here’s the reality: TBI claims are complicated, and the stakes are high. We’re talking about compensation that could amount to hundreds of thousands of dollars over your lifetime, plus medical care and other benefits.
What a Good Attorney Can Do for You
Handle the Paperwork
There’s a lot of it, and it needs to be done right. One little mistake can delay your claim for months, or even get it denied.
Gather Evidence
Attorneys know what kind of evidence is most persuasive and have the connections and resources to track down military records, medical experts, and other paperwork you might not be able to get on your own.
Deal with Insurance Companies
Let them handle the phone calls, negotiations, and all the legal back-and-forth so you can focus on your health and getting better.
Help with Appeals
If your claim gets denied (and many do initially), an experienced attorney can help you appeal and put together a much stronger case.
What to Look for in an Attorney
Not all lawyers understand TBI or military-related injuries. You want someone who:
- Has experience with TBI cases specifically
- Understands military culture and the unique challenges veterans face
- Has a proven track record of getting results for clients
- Works on a contingency fee basis (meaning you don’t pay unless you win)
- Actually gives a darn about veterans and isn’t just looking for a quick payday
At McCormick & Murphy P.C., we’ve been here in Colorado, helping folks with personal injury and insurance bad faith cases since 1995. With over 60 years of combined legal experience, we really get how tough it can be to deal with insurance companies and government agencies when you’re already struggling with the effects of a brain injury.
Special Considerations for Colorado Veterans
Living in Colorado gives you access to some excellent resources, but there are also some unique things to keep in mind.
Resources Available in Colorado
VA Medical Centers
- Denver VA Medical Center: A full-service medical center with specialized TBI programs
- Grand Junction VA Medical Center: Serves veterans on the Western Slope
- Colorado Springs area: Multiple VA clinics and services
State Veterans Programs
Colorado has some of the most veteran-friendly programs in the country, including property tax exemptions for disabled veterans and in-state tuition benefits.
Nonprofit Organizations
Organizations like the Colorado Veterans Project and local VFW and American Legion posts can provide support and advocacy.
Unique Challenges in Colorado
Rural Areas
If you live in rural Colorado, getting to medical appointments and legal consultations can be challenging. Many attorneys and medical providers offer telehealth or will travel to meet with clients.
Altitude Effects
Some veterans find that Colorado’s high altitude can sometimes make TBI symptoms like headaches and thinking problems feel worse. This is something to discuss with your doctors and can actually be something important for your disability rating.
Outdoor Lifestyle
Colorado’s outdoor recreation opportunities are amazing, but TBI can affect your balance, coordination, and judgment in ways that make things like skiing or hiking a bit riskier.
The Role of Family and Support Systems
TBI doesn’t just affect you – it affects everyone who cares about you. Your family members might notice changes in your personality or behavior before you do, and they can be really important witnesses in your legal case.
How Family Members Can Help
Document Changes
Ask family members to write down specific examples of how your behavior, memory, or personality has changed since your injury.
Attend Medical Appointments
Having a family member at medical appointments can help make sure important stuff doesn’t get missed and can provide another perspective on your symptoms.
Provide Emotional Support
The claims process can be frustrating and emotionally draining. Having people in your corner who understand what you’re going through makes a huge difference.
Taking Care of Relationships
TBI can strain relationships, sometimes in ways you don’t even realize. Mood changes, memory problems, and personality shifts can be hard on spouses, children, and friends. Consider family counseling or support groups specifically for TBI families.
Financial Planning and Your TBI Claim
Let’s talk money for a minute. A successful TBI claim can result in a pretty significant amount of compensation, but you need to plan ahead about how to manage those funds.
Types of Compensation You Might Receive
Past Medical Expenses
Money back for medical care you’ve already received for your TBI.
Future Medical Expenses
Funds to cover ongoing treatment, therapy, meds, and any special equipment you’ll need.
Lost Wages
Compensation for income you’ve lost due to your inability to work or reduced earning capacity.
Pain and Suffering
Compensation for the physical pain and emotional distress caused by your injury.
Loss of Life Enjoyment
Money to make up for your reduced ability to enjoy activities and relationships.
Managing a Settlement or Award
If you receive a large settlement, consider working with a financial planner who understands disability issues. You might want to set up a special needs trust or structure your payments over time to protect your ability to get certain benefits.
Current State of TBI Research and Treatment
The good news is that our understanding of TBI is getting better all the time. Researchers are developing better diagnostic tools, new treatments, and smarter ways to help folks recover from brain injuries.
Promising New Treatments
Cognitive Rehabilitation Therapy
Specialized therapy programs that help your brain learn new ways to work around damaged areas.
Neurofeedback
Training that helps you learn to control brain wave patterns associated with better cognitive function.
Hyperbaric Oxygen Therapy
Some veterans have found improvement with this treatment, though they’re still doing research on it.
Virtual Reality Therapy
New programs that use VR technology to help with cognitive rehabilitation and PTSD treatment.
What This Means for Your Claim
As treatments improve and we learn more about TBI, it’s getting easier to diagnose and document these injuries. This is generally good news for veterans filing claims, as there’s more medical understanding and acceptance of TBI as a serious, service-connected disability.
Red Flags: When to Be Concerned About Your Case
Sometimes things don’t go as they should in the claims process. Here are some warning signs that you might need legal help:
VA-Related Red Flags
- Your claim has been pending for more than a year without any real movement
- You received a denial that doesn’t seem to address all of your evidence
- The VA is asking for the same documents over and over again
- Your disability rating feels way too low based on your symptoms
Insurance-Related Red Flags
- The insurance company is pressuring you to settle quickly
- They’re questioning if your injury is even real or if it’s truly service-connected
- They want you to see multiple doctors for “independent” exams
- They’re offering settlements that feel way too low for the severity of your injury
Taking Action: Your Next Steps
If you’re a Colorado veteran dealing with TBI, here’s what I recommend you do:
Immediate Steps
- Get Medical Care: If you haven’t already, see a doctor who really understands TBI. Document your symptoms and get proper treatment.
- Gather Your Records: Start collecting your military service records, medical records, and any other documentation related to your injury.
- File Your VA Claim: Don’t wait. Even if you’re not sure you have enough evidence, it’s better to get it filed and then build your case, rather than waiting.
- Consider Legal Help: Especially if your case is complicated or you’ve already been denied, talking to an attorney who really gets TBI claims can save you a ton of time and potentially get you much better results.
Long-Term Planning
Think about what you want your life to look like five or ten years from now. TBI is often something that often sticks with you for life, so you need to plan for ongoing medical care, potential changes in your work situation, and how this injury might affect your family.
Working with McCormick & Murphy P.C.
If you’re dealing with a TBI claim in Colorado and need legal help, we’d be happy to chat about your situation. Since 1995, we’ve been here in Colorado, helping folks fight for fair compensation when they’ve been injured or when insurance companies aren’t treating them fairly.
Here’s what we can offer:
- No upfront fees – we only get paid if we win your case
- Over 60 years of combined experience with personal injury and insurance cases
- We really know how insurance companies work and how to push back against their tactics
- You’ll get personal attention – we promise you won’t get lost in the shuffle
We understand that dealing with TBI is about more than just money – it’s about getting your life back on track and making sure you have what you need for the future. You can find our office at 929 W Colorado Ave, Colorado Springs, and we’re always happy to discuss your case over the phone at (719) 800-9407.
You can also check out our professional credentials and client reviews to get a better feel for how we work with our clients.
The Bottom Line
TBI is a serious injury that deserves serious attention and care. If you served our country and suffered a brain injury as a result, you deserve compensation and support – not a bunch of bureaucratic runarounds and insurance company games.
The claims process isn’t easy, but you don’t have to go through it alone. Whether you’re dealing with the VA, private insurance companies, or both, there are people who can help you get the benefits and compensation you’ve earned.
Your brain injury might be invisible to others, but its effects on your life are very real. Don’t let anyone minimize what you’re going through or tell you that your symptoms aren’t serious enough to matter. You know your body better than anyone else, and you have the right to fight for the help you need.
Remember, filing a claim isn’t asking for a handout – it’s asking for what you’ve earned through your service and sacrifice. You put your life on the line for this country, and now it’s time for the system to step up and take care of you.
If you’re ready to take the next step, don’t wait. TBI claims can be pretty time-sensitive, and the sooner you start building your case, the better your chances of success. You’ve already fought one battle for your country – let us help you fight this one for your future.
The road ahead might seem challenging, but you’ve overcome challenges before. With the right medical care, legal support, and determination, you can get through this too. Your service mattered, your injury is real, and your future is worth fighting for.
