Neurobehavioral Effects VA Rating: How Brain Injuries Are Evaluated

Traumatic brain injury (TBI) is a complex and often misunderstood condition that affects veterans today. It can be caused by a variety of events, such as combat, vehicle accidents, or training exercises, and can lead to a range of neurobehavioral symptoms, including mood changes, memory problems, and difficulty controlling impulses. If you are a veteran struggling with these symptoms, it is essential to understand how the Veterans Affairs (VA) evaluates neurobehavioral conditions in order to receive the disability rating you deserve.

What Are Neurobehavioral Effects of TBI?

Neurobehavioral effects are changes in behavior, emotions, cognition, and personality that are caused by damage to the brain. These changes can occur after service-related traumatic brain injuries (TBIs) in veterans. Common symptoms of these effects include depression, anxiety, irritability, impulsivity, sleep disturbances, difficulty concentrating, and memory impairment. 

These symptoms can be difficult for others to notice, but they can significantly impair a person’s daily life. The Veterans Affairs (VA) recognizes these conditions as compensable under 38 C.F.R. § 4.124a, a diagnostic code that governs neurological conditions.

How the VA Rates TBI Residuals Under Diagnostic Code 8045

The VA evaluates TBI residuals using Diagnostic Code 8045 from the VA Schedule for Rating Disabilities (VASRD). Specifically, the VA rates TBI based on its ongoing impairments, or residual effects, which are impairments that remain after the initial injury. This means that ratings are not given for TBI itself, but rather for each area of dysfunction it causes.

The VA evaluates three main areas when assessing TBI residuals:

• Cognitive impairment – problems with memory, attention, concentration, and executive function.
• Neurobehavioral effects – emotional dysregulation, aggression, depression, anxiety, and personality changes.
• Physical and neurological symptoms – headaches, dizziness, seizures, and sensory deficits.

The ratings for neurobehavioral effects can vary from 0% to 100%, depending on the severity of social and occupational impairments. The VA’s TBI (Traumatic Brain Injury) rating criteria require a thorough examination by a qualified VA (Veterans Affairs) examiner who uses specialized tools to assess functional limitations.

The 10 Neurobehavioral Symptom Facets the VA Evaluates

Under the 38 C.F.R. Part 4 rating schedule, VA raters evaluate ten specific neurobehavioral aspects when assessing TBI-related mental impairment:

• Memory, attention, concentration, and executive function
• Judgment and insight
• Social interaction and interpersonal relationships
• Orientation and situational awareness
• Subjective symptoms (e.g., headaches, fatigue, sleep issues)
• Neurobehavioral effects (e.g., irritability, impulsivity, aggression)
• Communication ability
• Motor and sensory dysfunction
• Consciousness and awareness disorders
• Seizure disorders

Each aspect is assessed on a five-level scale – from 0 (normal) to 4 (severe) – and the highest individual score determines the overall neurobehavioral assessment. This means that even one severely affected aspect can lead to a high level of disability.

Legal Basis for Your VA Disability Claim

Veterans are entitled to compensation for disabilities resulting from or exacerbated by military service, as outlined in 38 U.S.C. § 1110. If you have a traumatic brain injury (TBI) and its associated neurobehavioral symptoms that are service-connected, you are legally entitled to receive compensation that reflects the true severity of your condition. Unfortunately, many veterans are undervalued because the Department of Veterans Affairs (VA) fails to properly consider all aspects of neurobehavioral issues or relies on incomplete examinations.

Veterans who are unable to work due to neurobehavioral effects related to their service may also be eligible for Total Disability benefits based on Individual Unemployability under 38 C.F.R. § 4.16, which pays at the maximum rate of 100%, even if the combined schedule rating is below that threshold.

Common Reasons VA TBI Claims Are Denied or Under-Rated

VA claims for neurobehavioral TBI effects are often challenged or underpaid due to several reasons:

• Incomplete or superficial C&P examinations
• Failure to recognize the connection between TBI and secondary psychiatric conditions such as PTSD or major depression
• Inadequate documentation of functional limitations in daily life and employment
• Missing link between military service and diagnosed TBI

How Veterans Benefits Law Group Can Help You

At Veterans Benefits Law Group, PLLC, we deeply honor the service and sacrifice of each and every veteran we represent. We fully understand that navigating the VA disability system while managing the daily challenges of neurobehavioral symptoms can be overwhelming and unfair. Our dedicated attorneys work tirelessly to ensure that the VA adequately evaluates every aspect of traumatic brain injury-related impairments and provides a rating that accurately reflects the full extent of the disability.

If your TBI claim has been denied or undervalued, you may have the right to appeal. Our team is here to help you fight for the benefits you deserve. Whether you are submitting an initial claim or appealing a Veteran’s Affairs decision, we are here to assist you. You have served our country, and we want to help. Contact us for a free consultation today.