VA Disability Rating for Traumatic Brain Injuries
Living with a traumatic brain injury (TBI) can change everything – your thinking, your emotions, your physical abilities. Yet VA’s rating system often fails to capture the true impact of these devastating injuries.
With regulations scattered across multiple diagnostic codes and rating criteria that even VA examiners struggle to understand, getting the rating you deserve can feel impossible.
If you’re fighting VA over a TBI rating that doesn’t reflect your daily struggles, understanding these rules is crucial for winning your appeal. Read on to learn about the types of TBI VA recognizes, disability rating criteria, and how to get the benefits you deserve.
TBI Types Recognized by VA
VA must evaluate and rate all levels of TBI, from mild to severe. However, they often misclassify symptoms or minimize their severity.
Mild TBI
- Brief loss of consciousness
- Confusion and disorientation
- Headache
- Dizziness
- Memory gaps around the incident
Moderate TBI
- Loss of consciousness from 30 minutes to 24 hours
- Post-traumatic amnesia lasting days
- Initial brain imaging showing abnormalities
- Persistent cognitive deficits
Severe TBI
- Loss of consciousness exceeding 24 hours
- Post-traumatic amnesia lasting weeks
- Penetrating skull injuries
- Severe initial symptoms
- Significant long-term impairment
Establishing Service-Connection for TBI
To receive VA disability benefits for TBI, your evidence must prove service connection through one of these pathways:
Direct Service Connection
- Combat injuries
- Training accidents
- Vehicle accidents during service
- Documented head trauma in service records
Secondary Service Connection
- Seizures
- Depression
- Memory loss
- Vision problems
- Balance disorders
Presumptive Service Connection
- For certain veterans serving in specific areas and time periods
- When blast exposure or other incidents are presumed
- Under special burn pit and toxic exposure rules
VA Disability Rating Criteria for TBI
VA’s rating system for brain injuries is one of the most complicated. VA rates TBI under 38 CFR § 4.124a, Diagnostic Code 8045, which requires them to evaluate three separate areas: your cognitive symptoms, emotional/behavioral problems, and physical effects. Too often, they lump everything together or miss symptoms entirely.
The rating system uses 10 facets – specific categories VA must evaluate. Each facet gets a score from 0 to 4 (or “total”), and your final rating is based on your highest score:
- Level 0 = 0% rating (no compensation)
- Level 1 = 10% rating
- Level 2 = 40% rating
- Level 3 = 70% rating
- Total Level = 100% rating
| Facet | Level 0 | Level 1 | Level 2 | Level 3 | Total |
| Memory, Attention & Executive Functions | No problems | Mild memory loss, trouble following conversations | Testing shows mild impairment affecting daily function | Testing shows moderate impairment with significant impact | Testing proves severe impairment destroying function |
| Judgment | Normal | Mildly impaired with complex decisions | Moderate problems with complex choices | Poor judgment even in familiar situations | Can’t make reasonable decisions about basic needs |
| Social Interaction | Appropriate behavior | Occasionally inappropriate | Frequently inappropriate | Inappropriate most of the time | |
| Orientation | Always oriented | Occasionally confused about one aspect | Often confused about one aspect | Often confused about two or more aspects | Consistently disoriented |
| Motor Activity | Normal movement | Normal most times with mild slowing | Mildly decreased | Moderately decreased | Severely decreased movement |
| Visual Spatial Orientation | Normal | Gets lost in unfamiliar places | Gets lost even with GPS | Can’t find way in familiar places | Can’t understand spatial relationships |
| Subjective Symptoms | Don’t affect work or relationships | Three or more symptoms with mild impact | Three or more symptoms moderately affecting function | ||
| Neurobehavioral Effects | Don’t interfere with relationships | Occasionally affect interactions | Frequently affect interactions | Interfere with interactions most days | |
| Communication | Normal | Occasionally impaired | Impaired up to half the time | Impaired more than half the time | Can’t communicate basic needs |
| Consciousness | Persistent altered consciousness |
Gathering Evidence for Your TBI Claim
If VA has denied your TBI claim or given you a rating that fails to capture the true severity of your injury, here’s what you need to fight back:
- Get comprehensive medical evaluations. Current neurological exams and brain imaging are crucial to proving the extent of your injury.
- Document every symptom. Track your memory problems, headaches, mood changes, and any other issues affecting your daily life.
- Secure expert opinions. Independent medical experts can challenge VA’s inadequate exams and connect your symptoms to service.
- Gather supporting statements. Family members, friends, and co-workers can describe how your symptoms have worsened over time and impact your daily functioning.
Most importantly, don’t try to appeal a TBI denial or lowball rating alone. VA’s appeals process is designed to frustrate veterans into giving up. Our experienced attorneys know their playbook, and we know how to win these appeals.
Special Considerations for TBI Claims
Your TBI claim likely deserves more than just a basic rating. VA often overlooks critical benefits that could significantly increase your compensation.
Multiple Symptom Ratings
TBI victims frequently struggle with multiple symptoms that each deserve their own rating. Don’t let VA lump everything into one low rating. Mental health conditions like depression or PTSD can be rated separately from your TBI. The same goes for physical problems like headaches, seizures, or balance issues.
Special Monthly Compensation
Special Monthly Compensation (SMC) is another crucial benefit VA often misses. If your TBI is severe enough to require regular help with daily activities like dressing, bathing, eating, or avoiding hazards, you may qualify for SMC(t).
Total Disability based on Individual Unemployability (TDIU)
Many TBI victims find themselves unable to work. If your service-connected TBI prevents you from maintaining substantially gainful employment, you may be entitled to TDIU.
Appealing VA’s Decision on Your TBI Claim
At ProVet Legal, our veterans’ law attorneys know how to take on VA and win TBI appeals. We’ve successfully fought countless lowball ratings and wrongful denials. We know what evidence works, which legal arguments succeed, and how to avoid VA’s procedural traps.
Contact us today, and let’s discuss your TBI appeal.
