As traumatic brain injuries or TBIs have become better understood over the years and as public awareness surrounding the injury has increased, claims brought under the Defense Base Act (DBA) for this type of injury have increased in kind. In some cases, a claim for TBI is being brought after a claim for psychological injury was already brought and resolved. It is notable that the symptoms of these types of injury can overlap which can lead to difficulty and delay in obtaining an accurate and complete diagnosis.

While most people recover from concussions or mild TBIs within weeks, some do not and some experience more significant TBIs. This can lead to chronic issues with headaches, dizziness, nausea, fatigue, blurred vision, light or sound sensitivity, sleep impairment, confusion, and memory impairment, and, repeated TBIs are known to increase the chance of chronic issues. Further, while a traditional blast wave can be injurious, troops in Ukraine and in the Persian Gulf have been facing a new type of warfare involving drones that often explode overhead in the air, focusing the propensity for injury more towards the head and upper body area.

With the increased awareness surrounding TBIs and the increasing use of drones in today’s wars, it is imperative for employers to be aware of the signs and symptoms of TBIs and effective management and treatment to minimize exposure for future claims under the DBA. Additionally, employers and their carriers should be cognizant of the possibility of an underlying TBI when handling a DBA claim for psychological injury, so as to limit the filing of multiple claims in a system that is already overloaded.

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Stars and Stripes: Iran war brain injuries could outlast US troops’ return to duty

PBS News: Iran war renews concerns about lasting toll of traumatic brain injuries to American troops