Many veterans suffer traumatic brain injuries while engaged in active duty service, which can leave them with permanent cognitive deficits. Unfortunately, their struggles rarely end there. Veterans with service-related traumatic brain injuries often encounter obstacles in securing treatment and VA disability benefits.
With new amendments to the National Defense Authorization Act, legislators in the House of Representatives hope to alleviate these issues. Additionally, these amendments address underlying factors that cause TBIs and lead to poor health outcomes among veterans with brain injuries.
At Werner, Hoffman, Greig & Garcia, we are focused on helping veterans with service-connected traumatic brain injuries obtain the VA disability benefits they deserve following a denial.
Our VA disability appeals attorneys will leverage our experience and resources to help you navigate your appeal. Filing an appeal for a traumatic brain injury veterans disability claim can be tricky, but not impossible. Schedule a free consultation with us by calling (800) 320-HELP or submitting a contact form online.
Amendments Aim to Reduce Risk of Traumatic Brain Injuries and Improve Treatment for Veterans
The House of Representatives recently passed new amendments to the National Defense Authorization Act, or NDAA, with full support. Congressman Bill Pascrell, Jr., the co-founder of the Congressional Brain Injury Task Force, passed four separate amendments to the NDAA. These amendments include new ways of identifying, treating, and researching injuries related to blast exposure or blast overpressure.
The Pentagon will evaluate TBI prevention provisions like the requirement for new safety parameters surrounding blast exposure. Additionally, it will assess the amendments’ training requirements regarding traumatic brain injury symptoms and blast exposure for service members. Finally, the Pentagon will review the direction to find a way to modify weapons to cause fewer blast injuries.
Pascrell Amendments Proposed Studies on Expanding Rehabilitation Opportunities for Veterans With Traumatic Brain Injuries
Veterans with severe service-related conditions, like traumatic brain injuries, often file VA disability claims. The benefits they receive help them afford the costs of treatment and rehabilitation. However, many veterans face additional obstacles accessing rehabilitation programs for TBIs due to limited availability and caps on services.
In recognition of these challenges, Representative Pascrell’s TBI amendments include the following demands:
“Pascrell Amendment #1: Would require the Department of Defense to conduct a study to determine the feasibility of eliminating outpatient rehabilitation therapy maximums for active-duty service members who suffered a traumatic brain injury.”
“Pascrell/Bacon (NE) Amendment #2: Requires the Department of Defense to conduct a study to analyze the feasibility of recognizing non-governmental accreditation bodies for brain injury treatment programs for active-duty service members that sustained a brain injury.”
NDAA Amendments Instruct DoD to Take a Proactive Approach to Handling Veterans’ Traumatic Brain Injuries
Additionally, Pascrell says the purpose of the new NDAA amendments is to address how the military manages traumatic brain injuries. The goal is to improve treatment outcomes. Earlier identification of TBIs can also help veterans establish a service connection so they can qualify for VA disability benefits.
Here are summaries of the additional amendments:
“Pascrell Amendment #3: Requires the Department of Defense to develop a Traumatic Brain Injury Oversight Strategy and Action Plan to standardize identification, treatment, tracking, monitoring, and referral guidelines for TBI programs across all military branches.
The Plan must include a standardized system of monitoring and care to include a 72-hour post-injury exam and protocols, data collection, and reporting guidelines.”
“Pascrell/Wilson (SC) Amendment #4: Requires the Department of Defense to conduct a study on the enhancement of diagnostic screening tools for TBI. The study should identify definitive point-of-injury solutions for TBI testing.
The study should address DOD’s ability to rapidly and accurately assess brain injury and its severity with point-of-injury technology, greatly enhancing the health, survival, and long-term medical issues of service members and veterans. The study should address the impact of how accurate TBI diagnostic tools would improve military readiness and address the concern for a growing medical burden.”
Trust the Expertise of Our VA Disability Lawyers at WHG
Establishing a standardized treatment program and policy would be a huge support for veterans suffering from traumatic brain injuries. Additionally, the amendments could help veterans with traumatic brain injuries seek compensation from the VA for service-related conditions.
That being said, the timeline of the VA disability claims process can still be daunting. Veterans who want to learn more about seeking compensation for service-connected conditions like traumatic brain injuries should reach out to our team at Werner, Hoffman, Greig and Garcia for support. When you have received a VA denial, we are the team you want by your side.
It’s in your best interest to have a veterans benefits lawyer representing your appeal to maximize compensation and avoid delays. Schedule a free consultation with us by calling (800) 320-HELP or submitting a contact form online.
