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84 UMKC L. Rev. 373 (2015-2016)
Understanding TBI in Our Nation's Military and Veterans: Its Occurrence, Identification and Treatment, and Legal Ramifications

handle is hein.journals/umkc84 and id is 377 raw text is: UNDERSTANDING TBI IN OUR NATION'S MILITARY AND VETERANS: ITS OCCURRENCE, IDENTIFICATION AND TREATMENT, AND LEGAL RAMIFICATIONS Stacey-Rae Simcox, Michelle Mattingly, and Isis Marrero* Department of Defense data reveals that of those who served in the U.S. Military from 2000 through 2011, 235,046 service members (4.2% of the 5,603,720 who served in the Army, Air Force, Navy and Marine Corps) were diagnosed with a Traumatic Brain Injury (TBI).' Because of the high prevalence of exposure to explosive devices, TBI has been labeled a signature injury of the wars in Iraq and Afghanistan.2 Adding to the unique nature of combat- induced TBI is the occurrence of commingling posttraumatic stress disorder symptoms (PTSD). Because servicemembers' exposure to events and comorbidities may differ significantly from civilian experiences of TBI, for instance sports injuries, it is important to understand the ramification of this condition for our military. A failure of the Department of Defense (DoD) or Veterans Affairs (VA) to adequately diagnose or treat this condition can lead to significant concerns for servicemembers, including legal ramifications and a denial of treatment or benefits for TBI. In order to offer background to the discussion of TBI in our military veterans, Part I of this article will give a brief overview of TBI, in particular mild TBI. Part II will discuss the issue of the comorbidity of other conditions with military members' TBI, to include PTSD. Part III will provide information on how the DoD and the VA evaluate and treat this condition in our servicemembers and veterans. Part IV will discuss why the recognition of potential symptoms or mild TBI in our servicemembers and veterans is important for many reasons, to include the ability to receive healthcare and benefits from the VA. * Dr. Isis V. Marrero, M.D. is a board certified psychiatrist and an Assistant Professor in the University of South Florida (USF) Morsani College of Medicine, Department of Psychiatry and Behavioral Neurosciences, Forensic Division. Dr. Michelle Mattingly, PhD, ABPP, is a board certified clinical neuropsychologist and an Assistant Professor in USF's Morsani College of Medicine, Department of Psychiatry and Behavioral Neurosciences, Neuropsychology Division. Stacey-Rae Simcox is an Associate Professor at Stetson University's College of Law. Professor Simcox is also the Director of Stetson's Veterans Advocacy Clinic. This article is written out of the unique collaboration between USF's Morsani College of Medicine and Stetson University's College of Law. Begun in September 2014, this effective medical-legal partnership brings together medical students and faculty with law students and faculty to work together helping disabled military veterans. The authors would like to thank our nation's military veterans of every era for their service and sacrifice. 1 CTRS. FOR DISEASE CONTROL & PREVENTION ET AL., REPORT TO CONGRESS ON TRAUMATIC BRAIN INJURY IN THE UNITED STATES: UNDERSTANDING THE PUBLIC HEALTH PROBLEM AMONG CURRENT AND FORMER MILITARY PERSONNEL 54 (2013), available at http://www.cdc.gov/traumaticbraininjury/pubs/congress military.html. 2 See generally Susan Okie, Traumatic Brain Injury in the War Zone, 352 NEw ENG. J. MED. 2043 (2005); see also Military & TBI, BRAIN TRAUMA FOUND., https://www.braintrauma.org/tbi- faqs/military-tbil (last visited Sept. 30, 2015).

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