VA Admits to Failing to Properly Test and Diagnose 24,000 Veterans with Traumatic Brain Injury
Traumatic brain injury (TBI) has been referred to as the signature wound of the Iraq and Afghanistan conflicts, but somehow, the United States Department of Veteran’s Affairs has admitted that more than 24,000 veterans throughout the U.S. have failed to receive proper TBI examinations. Between 2007 and 2015, the Veteran’s Administration admits that in some cases there were unqualified (according the VA’s own policies) medical personnel conducting the traumatic brain injury tests. Now there is an opportunity for those veterans to be reexamined.
David McLenahan, who is the Deputy Undersecretary for Disability Assistance for the Veterans Administration said that the VA has identified 40 locations across the U.S. where improper brain injury examinations were conducted, according to a story on 9News.com. South Carolina is one of those locations. The VA sent letters to those veterans who are eligible for retesting earlier this summer.
The dangers of an undiagnosed TBI
Because the VA failed properly test and diagnose thousands of veterans, those who had TBI may not have been receiving the necessary treatment. TBI injuries are invisible so they can be challenging to recognize and diagnose. However, TBI is best treated as early as possible. By not getting examined early on these veterans have lost valuable treatment time and their conditions may be growing worse over time.
According to the U.S. Centers for Disease Control and Prevention, those who survive traumatic brain injury can face effects that last anywhere form a few days to disabilities which will impact the rest of their lives. TBI can cause impaired thinking or memory, movement, vision or hearing. It can affect a person’s emotional functioning and cause personality changes, depression and other behavioral changes.
“We let these Veterans down,” Secretary McDonald said in a VA statement. “That is why we are taking every step necessary to grant equitable relief to those affected to ensure they receive the full benefits to which they are entitled.” Equitable relief, is a unique legal remedy that allows the VA Secretary to correct an injustice to a claimant affected by improper TBI testing.
Veterans who have questions about retesting for TBI can call the VA Special Issue Hotline at 1-800-749-8387. If you have received a letter from the VA about getting retested for traumatic brain injury, you are welcome to contact our South Carolina VA malpractice attorneys today.
If you are a veteran who has proudly served our country, and then suffered an injury at the hands of a Veterans Administration health professional, the experienced South Carolina VA medical malpractice attorneys at McGowan, Hood, Felder & Phillips, LLC can help make sure you or your loved one gets the justice you deserve. 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