Understanding VA Disability Ratings for TBI

Many veterans have prolonged or permanent medical conditions caused by traumatic brain injuries they sustained in the course of their military duty. Fortunately, veterans who have service-connected conditions related to traumatic brain injuries may qualify for VA disability benefits. A VA disability benefits attorney can help you understand how the VA rates traumatic brain injuries to determine monthly benefits for disabled veterans. 

Understanding Traumatic Brain Injuries

A traumatic brain injury occurs when a person suffers a violent blow to the head or body, whether from direct physical contact or sudden changes in atmospheric pressure (such as from an explosion) or when an object penetrates a person’s skull and damages brain tissue. Doctors classify traumatic brain injuries by their severity, with mild TBIs arising from injuries like concussions. A mild TBI may cause temporary changes in brain function, although multiple TBIs in rapid succession or throughout a person’s life may cause permanent damage. Moderate or severe TBIs can immediately cause permanent damage or complications. 

Veterans may have sustained TBIs during their military service due to various causes, such as:

• Explosions from grenades, mortars, IEDs, or ordinance
• Slip/trip-and-fall accidents or falls from heights
• Motor vehicle accidents
• Bullet or shrapnel wounds
• Hand-to-hand combat
• Torture

How the VA Evaluates TBIs

When a veteran submits a disability benefits claim for a medical condition caused by a service-connected TBI, the VA will evaluate the severity of the veteran’s condition to determine their disability rating, which affects the amount of the veteran’s monthly disability benefit. The VA evaluates TBIs under Diagnostic Code 8045 in the VA’s Schedule for Rating Disabilities. Diagnostic Code 8045 recognizes three main areas of dysfunction that can result from TBIs: cognitive, emotional/behavioral, and physical. The VA may evaluate a veteran’s symptoms to determine if their TBI has caused a diagnosable condition. However, TBIs can cause residual symptoms that do not fall within the definition of a diagnosable condition. In these cases, the VA will evaluate facets of a veteran’s condition, including:

• Memory
• Attention
• Concentration
• Executive functioning
• Judgment
• Social interaction
• Orientation (to person, time, place, and situation)
• Motor activity
• Visual-spatial orientation
• Neurobehavioral effects
• Communication

VA Disability Rating Criteria for TBIs

The VA usually rates medical conditions caused by TBIs at specific percentage points of 0, 10, 40, 70, and 100, depending on the severity of a veteran’s condition. The criteria for each rating include:

• Zero percent: Veteran has a confirmed diagnosis of TBI but no symptoms that impair daily functioning
• Ten percent: Mild or intermittent symptoms that slightly daily functioning, potentially manageable with medication
• 40 percent: Moderate symptoms that interfere with work and social activities, which require medication
• 70 percent: Severe symptoms that significantly hinder independence and affect cognitive function, mood/behavior, or social interaction
• 100 percent: Symptoms so severe that the veteran cannot leave their home or work and requires assistance with daily activities

Common Challenges in Getting TBIs Rated

Some of the primary challenges that veterans face in securing an accurate disability rating for a condition caused by a service-connected TBI include:

• Proving the existence and severity of cognitive, emotional/behavioral, or physical complications 
• Misdiagnosis of a TBI
• Having overlapping physical or psychological conditions, such as post-traumatic stress disorder
• Inconsistencies in the medical record

Veterans can overcome the challenges of obtaining a correct disability rating for a TBI-connected condition by providing the VA with up-to-date medical information and obtaining second medical opinions, if necessary.

Contact a VA Disability Lawyer Today

When you suffered a traumatic brain injury during military service that has left you with lasting medical conditions, you may have the right to receive VA disability benefits. Contact Veteran Benefits Law Group today for a free consultation with a VA disability benefits attorney to learn how the VA handles TBI claims.