Yes, your husband likely qualifies for VA disability benefits. His traumatic brain injury (TBI) from a gunshot wound incurred while on active duty is a clear in-service event, establishing the foundational element of service connection per **38 CFR 3.303**. To obtain compensation, he must file a claim establishing a current diagnosis and a nexus, or link, between that diagnosis and the in-service event. His documented symptoms of migraines and problems with focusing are key. Migraines are rated under **Diagnostic Code (DC) 8100**, while cognitive impairments like difficulty focusing are evaluated under the Mental Disorders rating schedule, typically **DC 9304** for organic mental disorders, or more specifically under the comprehensive TBI rating criteria in **38 CFR 4.124a, DC 8045**, which evaluates residuals under several domains including cognitive. The precedent in *DeLuca v. Brown* supports that when evaluating functional loss, the VA must consider the veteran's ability to perform tasks throughout a range of motion and over time, which is relevant to his reported symptoms. Your actionable next steps are: 1) Gather all service and post-service medical records, especially the TBI diagnosis and treatment for migraines and focus issues. 2) File a fully developed claim (FDC) on VA Form 21-526EZ for TBI and its residuals, explicitly claiming migraines and cognitive impairment as secondary conditions. 3) Attend all VA Compensation & Pension (C&P) exams, where he should thoroughly describe the frequency, severity, and functional impact of his symptoms on work and daily life. As his spouse, you may later be eligible for benefits like CHAMPVA if he is rated 100% Permanent & Total, but securing his service-connected rating is the critical first step.
*Disclaimer: This information is for educational purposes regarding VA claims processes and is not intended as legal, medical, or official VA advice. For personal guidance, consult an accredited VA attorney or claims agent.*
Official 2026 VA monthly compensation, including the 2.8% COLA increase.
Dependent add-ons start at a 30% rating. Child-only and dependent-parent rates: see the full 2026 pay chart.
| Rating | Monthly (2026, incl. 2.8% COLA) |
|---|---|
| 10% | $180.42 |
| 20% | $356.66 |
| 30% | $552.47 |
| 40% | $795.84 |
| 50% | $1,132.90 |
| 60% | $1,435.02 |
| 70% | $1,808.45 |
| 80% | $2,102.15 |
| 90% | $2,362.30 |
| 100% | $3,938.58 |
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