When a Missed TBI Diagnosis Costs You More Than You Know
Traumatic brain injuries are among the most frequently misdiagnosed conditions in VA medical settings. The symptoms often resemble PTSD, depression, or sleep disorders, all of which are already common among veterans. That overlap creates a real opportunity for error, and the financial consequences can follow a veteran for the rest of their life.
Why the Diagnosis Matters So Much
Your VA disability rating determines your monthly compensation. If a TBI goes undetected or is classified as something else, the rating assigned may significantly understate the actual severity of your condition.
That gap has real dollar value. A veteran rated at 40% receives substantially less each month than one rated at 70% or higher. Spread across years or decades, that difference can amount to a significant loss in benefits. Beyond monthly payments, a wrong diagnosis can affect:
- Eligibility for Total Disability based on Individual Unemployability (TDIU)
- Access to vocational rehabilitation programs
- Approval for higher levels of VA-funded medical care
- Long-term treatment planning for cognitive and physical symptoms
TBI Misdiagnosis as Medical Negligence
A missed or incorrect TBI diagnosis at a VA facility is not just a medical setback. It can constitute negligence, and veterans have legal options to address it. Claims against VA facilities are filed under the Federal Tort Claims Act (FTCA), which allows individuals to pursue compensation from the federal government when a VA provider’s failure to meet the standard of care causes direct harm.
According to the U.S. Department of Veterans Affairs, TBI is one of the signature injuries of post-9/11 military service, yet screening and follow-up care do not always catch what they should. A San Antonio VA disability attorney who handles these cases can review your medical records, identify where the standard of care fell short, and determine whether you have grounds for a claim.
Section 1151 and Your Disability Benefits
Some veterans may also qualify for compensation under Section 1151 of the VA Code. This provision applies when VA medical treatment causes a new disability or worsens a condition that was already service-connected. A misdiagnosed TBI that led to improper treatment and a worsening of symptoms may fall within this category. The two paths are separate and can sometimes be pursued at the same time.
Steps Veterans Should Take After a Suspected Misdiagnosis
Timing matters. The FTCA has strict administrative deadlines, and building a case takes time. Veterans who suspect a TBI was missed or misclassified should:
- Request a full copy of their VA medical records as soon as possible
- Keep a written record of how symptoms have changed or worsened over time
- Avoid giving statements to VA representatives without first speaking to an attorney
Glover Luck LLP represents veterans across the country who have been harmed by VA medical errors and works to recover the compensation they have earned.
Taking the Next Step
A TBI misdiagnosis at a VA facility can quietly reshape a veteran’s financial future for years. The reduced compensation, uncovered medical costs, and missed opportunities for support all add up. If you believe a VA provider failed to correctly identify or treat a brain injury, connecting with a San Antonio medical malpractice attorney is a reasonable first step. The team at Glover Luck LLP is prepared to review your records and help you understand what options may be available to you.
