VA Disability Ratings for Mild vs. Severe Traumatic Brain Injuries

Military service members may sustain traumatic brain injuries in the line of duty. These injuries can create long-lasting complications that may entitle military veterans to disability benefits from the VA. But how does the VA rate disabilities caused by mild and severe traumatic brain injuries? 

Understanding VA Disability Ratings for TBIs

Under the VA Schedule for Rating Disabilities (VASRD), the VA rates traumatic brain injuries that result in a residual condition not otherwise classified by the VASRD based on three areas of dysfunction that can result from TBIs: cognitive, emotional/behavioral, and physical. The VA rates cognitive impairment for all TBIs and may rate emotional/behavioral dysfunction as a residual effect of a TBI when a veteran does not have a diagnosis for another mental disorder. The VA further rates physical dysfunction based on appropriate diagnostic codes for motor dysfunction, sensory dysfunction, pain, visual impairment, hearing loss, tinnitus, loss of sense of smell or taste, seizures, balance and coordination problems, speech problems, bladder and bowel dysfunction, cranial nerve dysfunction, and endocrine dysfunction.  

For cognitive impairments, the VA provides criteria for each potential facet of cognitive impairment, ranging from 0 to a third level and to a fifth level, which the VA designates as “total.” The VA designates specific disability ratings for each level, with a veteran’s TBI receiving a disability rating based on the highest rated facet. Cognitive facets include:

• Memory, attention, concentration, and executive functioning
• Judgment
• Social interaction
• Orientation
• Motor activity (with an intact motor and sensory system)
• Visual-spatial orientation
• Subjective symptoms
• Neurobehavioral effects
• Communication

TBIs can also lead to secondary conditions, such as depression, which may result in an increased combined disability rating for a veteran. 

Mild TBIs and VA Ratings

Mild traumatic brain injuries, such as concussions, can cause symptoms such as headaches, mood changes, difficulty sleeping, memory problems, and concentration issues. The VA typically assigns lower disability ratings, such as zero, ten, or 40 percent, depending on how the injury affects a veteran’s function. Obtaining a disability rating above zero for a mild TBI can prove challenging due to the temporary or transient nature of the symptoms of mild TBIs. Although repeated mild TBIs can lead to severe conditions such as CTE, medical professionals currently have no means of diagnosing such conditions during a person’s life. 

Severe TBIs and VA Ratings

A severe traumatic brain injury occurs when a person suffers a prolonged period of lost consciousness lasting more than 24 hours or suffers permanent physical damage to the brain. Severe TBIs can lead to debilitating symptoms like cognitive deficits, speech problems, recurring seizures/epilepsy, and motor issues. Severe TBIs usually receive disability ratings of 70 or 100 percent. A 70 percent disability rating may qualify a veteran for Total Disability based on Individual Unemployability (TDIU) under certain conditions, which offers disability benefits equal to a 100 percent rating. Severe TBIs may qualify veterans for special monthly compensation benefits if they require assistance with daily living.

Tips for Filing a TBI Claim

Veterans who suffered TBIs in the line of duty can give themselves the best chance of maximizing their VA benefits through best practices such as:

• Obtaining a formal diagnosis of a traumatic brain injury and undergoing comprehensive neuropsychological testing to evaluate symptoms and functioning
• Gathering buddy statements from family members and friends to document cognitive, emotional, or behavioral changes
• Seeking legal assistance to navigate disability benefits claims if the VA denies a claim or assigns a low disability rating

Contact a VA Disability Attorney Today

If you sustained a traumatic brain injury during your military service, contact Veterans Benefits Law Group today for a free, no-obligation consultation with a VA disability lawyer to learn more about how the VA rates mild versus severe traumatic brain injuries and how that may affect the disability benefits you receive for a service-connected TBI.