VA Proposes Change To Regulations Regarding TBI

The Department of Veterans Affairs (VA) announced today that they are publishing a proposed change to 38 C.F.R. § 3.310 regarding illnesses secondary service-connected to Traumatic Brain Injury (TBI).  The current 38 C.F.R. § 3.310 states “disabilit[ies] which [are] proximately due to or the result of a service-connected disease or injury shall be service connected.”  This is commonly called secondary service-connected or secondarily service-connected.  The proposed regulation would establish service connection for the following five illnesses if the veteran has service-connected TBI:  parkinsonism; “unprovoked seizures”; certain types of dementias; depression; and certain types of hormone deficiencies.

I will provide further information on Monday after the proposed regulation is published in the Federal Register.  The linked New York Times Article quotes the Secretary of Veterans Affairs, Eric Shinseki, as commenting, “Veterans who endure health problems deserve timely decisions based on solid evidence that ensure they receive benefits earned through their service to the country.”

If you have questions or concerns about your eligibility for veterans benefits, please do not hesitate to contact me for a free consultation at or (732) 382-6070.

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Seth Director

About Seth Director

Over nine years of trial and appellate litigation experience at the Department of Justice and the Army Judge Advocate General Corps where I frequently handled high profile, complex litigation before various federal courts. I am now an associate in the Veterans’ Law section at the law firm of Fink Rosner Ershow-Levenberg, LLC, and a Department of Veterans Affairs accredited attorney. The Veterans’ Law section at Fink Rosner Ershow-Levenberg offers nationwide representation at all levels of the VA administrative process, as well as in the Federal court system, at the U.S. Court of Appeals for Veterans Claims, and the U.S. Court of Appeals for the Federal Circuit. I focus solely on Veterans’ law and Veteran-related issues, claims and benefits and can offer a unique perspective as a veteran of Operation Iraqi Freedom.

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