8/16/2019 TBI Equitable Relief Factsheet FINAL

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 VA Secretary Grants Relief for Veterans with Traumatic Brain Injuries

Secretary of Veterans Affairs Robert McDonald has granted equitable relief to more than 24,000Veterans following a national reiew of !raumatic "rain #n$ury %!"#& disability com'ensation

e(aminations conducted between 200) and 20*+ 

-quitable relief is a unique legal remedy that allows the Secretary to correct an in$ustice to a

claimant, where VA is not otherwise authori.ed to do so within the sco'e of the law

Since 200), medicine around !"# has been a ra'idly eoling science VA instituted a 'olicy

requiring one of four s'ecialists / a 'sychiatrist, 'hysiatrist, neurosurgeon, or neurologist / tocom'lete initial !"# e(ams when VA does not already hae a diagnosis VA selected these

s'ecialists because they hae the most e('erience with the sym'toms and effects of !"#

As more research became aailable, VA issued a series of guidance documents that created

confusion regarding the 'olicy !he nationwide reiew reealed that more than 24,000 Veterans

did not receie an e(am by one of the s'ecifically designated s'ecialists f the Veteransidentified, more than *1,000 are already serice connected for !"# at a *0 'ercent disability

ealuation or higher

Corrective Actions Taken by VA

!o minimi.e burden and ensure no financial harm to affected Veterans, the Secretary of Veterans

Affairs granted equitable relief to all of the more than 24,000 identified Veterans on May 1,

20* !he relief authori.es VA to offer new !"# e(ams, conducted by an a''ro'riate s'ecialist,

to all identified Veterans

 – 3urther, this equitable relief

• -nables VA to ta5e action on any new e(aminations without requiringVeterans to submit new claims

• Allows VA to award an effectie date as early as the date of original !"# claim

and 'roide any retroactie benefits due

 – VA will contact affected Veterans to notify them of the o''ortunity to receie newe(aminations and hae their claims re'rocessed Affected Veterans will hae one year 

in which to request new e(aminations

VA understands the im'ortance of an accurate e(am to su''ort Veterans6 disability claims VA is

committed to im'roing the medical e(am e('erience and has identified it as one of the

De'artment6s *2 MyVA "rea5through 7riorities