Many head injuries in service were never treated in a clinic. A blast, a hard landing, a vehicle impact - the veteran kept working, and nothing was written down. Years later the residuals are real but the paper trail is thin.
This guide explains what the VA's rules say about that situation. It is part of our series on VA claims for traumatic brain injury.
The record as a whole
38 CFR 3.303 frames service connection around all the evidence, including evidence of continuity and post-service medical findings. Subsection (d) specifically allows service connection for a disability diagnosed after discharge when the evidence establishes it was incurred in service.
What can stand in for a treatment note
38 CFR 3.159 defines lay evidence as statements by people who are competent to describe what they personally observed. In practice the record can include:
- Statements from the veteran describing the event and the symptoms that followed
- Statements from others who witnessed the event or the change afterward
- Unit records, deployment records, and incident reports that place the veteran at the event
- Awards, job duties, or assignments consistent with exposure to blasts or impacts
- Post-service medical records documenting the residuals
Where veterans start
Every case is different, and there is no obligation at any step. When veterans want to understand what their records actually support, these are the two most common starting points:
- Medical records review
A licensed physician reviews your records for a $250 flat fee and identifies which conditions the available evidence may support. The fee is refunded in full if nothing supportable is identified.
- Nexus letter
When the records support one, a licensed provider writes the medical opinion that addresses the link between your condition and your service.
Severity then versus severity now
Diagnostic Code 8045 evaluates current residuals. The label attached to the original injury does not determine the evaluation - the facet levels in the current record do.
Where the evidence is evenly balanced
When the positive and negative evidence are in approximate balance, 38 CFR 3.102 requires the VA to resolve the doubt in the veteran's favor. Our benefit of the doubt guide explains how that rule is written and what it does not do.
This guide is educational. It summarizes the VA's own published rules and links to the exact sources it relies on. It is not legal or claims advice, and it is not a substitute for an accredited representative, who can advise you about your specific claim. Accredited help is free - search the VA's accreditation database to find a Veterans Service Organization, accredited agent, or attorney.
Frequently asked questions
Can a TBI be service connected without a record of the injury?
38 CFR 3.303 allows service connection to be established based on all the evidence of record, including lay evidence. A missing treatment note is not automatically the end of a claim.
Does lay evidence count?
38 CFR 3.159 defines lay evidence and the VA's duty to assist in gathering evidence. Statements from the veteran and from people who witnessed the event or the changes afterward are part of the record the VA must consider.
What is a mild TBI?
Severity at the time of injury and the severity of current residuals are separate questions. Diagnostic Code 8045 evaluates current residuals, so an injury described as mild at the time does not set a ceiling on the evaluation.