Conditions

TBI VA rating: scale, residuals and exam

TBI is rated on a table of ten facets, each scored on a scale, with the single worst facet setting the table rating. The code also tells the rater to rate residuals that have their own diagnosis separately, as long as the same symptoms are not counted twice.

VA rates a service-connected traumatic brain injury on its current residuals, under diagnostic code 8045. Cognitive problems and subjective symptoms are scored on a table of ten facets, and the highest level on any facet sets that rating: 0%, 10%, 40%, or 70%, or 100% if any facet is total. Residuals with their own diagnosis, such as migraine, a mental disorder, or tinnitus, are rated separately and combined with it, as long as the same symptoms are not counted twice (38 CFR § 4.124a, DC 8045).

Residuals of traumatic brain injury are rated under diagnostic code 8045 in 38 CFR § 4.124a. The code opens by dividing TBI residuals into three areas: cognitive (memory, attention, concentration, executive function), emotional/behavioral, and physical. Each area is handled differently, and understanding which bucket a symptom goes in is most of understanding the rating.

The cognitive table: ten facets

Cognitive impairment and subjective symptoms are rated under the table titled "Evaluation of Cognitive Impairment and Other Residuals of TBI Not Otherwise Classified." It has ten facets:

  1. Memory, attention, concentration, executive functions
  2. Judgment
  3. Social interaction
  4. Orientation
  5. Motor activity (with intact motor and sensory system)
  6. Visual spatial orientation
  7. Subjective symptoms (headaches, dizziness, sleep disturbance, and similar)
  8. Neurobehavioral effects (irritability, impulsivity, apathy, lack of motivation, and similar)
  9. Communication
  10. Consciousness

Each facet is assigned a level of impairment of 0, 1, 2, 3, or "total," based on criteria specific to that facet. Memory, for instance, runs from 0 (no complaints) through 1 (mild complaints of memory loss, attention, concentration, or executive functions, without objective evidence on testing) and 2 (objective evidence on testing of mild impairment) to 3 (objective evidence of moderate impairment) and total (objective evidence of severe impairment). Not every facet has every level. Consciousness has only "total," because the regulation treats any impaired consciousness as totally disabling; social interaction and neurobehavioral effects stop at 3; and subjective symptoms stop at 2.

Highest level assigned to any facetRating
00%
110%
240%
370%
Total (any facet)100%
The highest facet is the rating

The facets do not add. A veteran with level 1 on every facet that has a level 1 (all but consciousness) is rated 10%. A veteran with level 2 on a single facet and nothing above 0 elsewhere is rated 40%. What this means for the evidence: depth on the worst facet matters more than breadth across many. On the memory, attention, concentration, and executive functions facet, complaints without objective evidence on testing stay at level 1, because levels 2, 3, and total all require objective evidence on testing of impairment with matching functional impairment.

The residuals that are rated separately

Separately rated residuals combine with the facet rating under § 4.25 instead of being absorbed into it. The text of DC 8045 says that any residual with a distinct diagnosis is rated under its own code, separately, rather than folded into the facet table, as long as the same symptom is not counted twice. The commonly separated residuals:

The anti-pyramiding rule still applies: a symptom rated under a separate code is not also scored in the facet table. When headaches have their own diagnosis, DC 8045 says to "separately evaluate any residual with a distinct diagnosis that may be evaluated under another diagnostic code, such as migraine headache," so they are rated under, or by analogy to, DC 8100 and taken out of the "subjective symptoms" facet. Note (1) to DC 8045 says that if the symptoms of two conditions cannot be clearly separated, VA assigns a single rating under whichever set of criteria better reflects the overall impairment from both.

Worked example

Suppose a veteran's TBI exam scores memory, attention, concentration, and executive functions at level 2, because testing gives objective evidence of mild impairment resulting in mild functional impairment. Judgment, social interaction, and neurobehavioral effects are each at level 1, and no other facet is above 0. The veteran also has separately diagnosed post-traumatic headaches, with characteristic prostrating attacks averaging once a month over the last several months.

  1. Facet table: the highest level is 2, so DC 8045 gives 40%. The three level-1 facets add nothing.
  2. Headaches: rated on their own by analogy to DC 8100, where monthly prostrating attacks are the 30% level, and left out of the subjective symptoms facet so they are not counted twice.
  3. Combining under § 4.25, largest first: 40% leaves 60% efficiency, and 30% of 60 is 18. 40 + 18 = 58, which rounds to 60%.

Had the record shown only complaints of mild memory loss, with no objective evidence on testing, the memory facet would sit at level 1 and the facet table would give 10%. Combining 30% and 10%: 30% leaves 70% efficiency, 10% of 70 is 7, and 30 + 7 = 37, which rounds to 40%. The level follows the findings, so the difference comes from what testing shows, not from having been tested.

The 2014 presumptions for TBI residuals

§ 3.310(d) presumes five conditions are secondary to a service-connected TBI, four of them only after a moderate or severe TBI, with timing rules: Parkinsonism and unprovoked seizures following moderate or severe TBI at any time; dementia of three named types (presenile dementia of the Alzheimer type, frontotemporal dementia, and dementia with Lewy bodies) within 15 years of moderate or severe TBI; depression within three years of moderate or severe TBI, or within 12 months of mild TBI; and hormone deficiency diseases from hypothalamo-pituitary changes within 12 months of moderate or severe TBI. The severity grade is determined by structural imaging, loss of consciousness, alteration of consciousness, post-traumatic amnesia, and the Glasgow Coma Scale, per the table in § 3.310(d)(3). It is based on the symptoms at or shortly after the injury, the TBI does not have to meet every criterion in a column, and it is placed at the highest level any one criterion reaches, unless that criterion is the same at both levels, as with normal structural imaging. Mild TBI qualifies only for the depression presumption, and only within a year. Missing a window or a severity grade does not end the claim: § 3.310(d)(2) says VA then decides it under the ordinary secondary service connection rules, on the medical evidence. And the grade matters only here; Note (4) to DC 8045 says the mild, moderate, or severe label does not affect the rating itself.

Service connection for TBI

Start with the record of the in-service event: a blast, a vehicle rollover, a fall, a training injury, and any concussion screening score recorded at the time. Where the record is thin, buddy statements from people who witnessed the event, the unit's incident reports, and Purple Heart or Combat Action records can help corroborate it. For a veteran who engaged in combat with the enemy, 38 U.S.C. § 1154(b) accepts satisfactory lay evidence of the injury if it is consistent with the circumstances of that service, even with no official record.

The diagnosis comes from a TBI evaluation. VA's adjudication manual, M21-1, requires the initial TBI diagnosis to be made by one of four specialists: a physiatrist, psychiatrist, neurosurgeon, or neurologist. Once that diagnosis is of record, a generalist clinician who has completed VA's TBI training module may do later TBI exams. Levels 2 and above on the memory, attention, concentration, and executive functions facet require objective evidence on testing, so any cognitive testing your treating providers have already done belongs in the record.

The exam

The TBI DBQ is on VA's list of questionnaires not available for public use. M21-1 requires the examiner to address all the facets, and any facet left blank must be explained in the DBQ's remarks as related to a non-TBI condition. The examiner scores each one from the history, the record, and the exam. Three things that help:

  1. Bring any test results you already have, such as a neuropsychological report. "Objective evidence on testing" is the phrase that separates level 1 from 2, 3, and total on the memory, attention, concentration, and executive functions facet.
  2. Describe each facet in functional terms. Memory: the appointments missed, the instructions you cannot hold, the notes you live by. Judgment: decisions that went wrong. Social interaction: the relationships that ended. Neurobehavioral: the irritability, the things you have said. The facet criteria use words like "occasionally," "frequently," and "inappropriate," and the examiner needs examples to choose between them.
  3. Describe every residual: headaches, ringing in the ears, sleep, mood. A residual with its own diagnosis, such as migraine, is rated under its own code; symptoms without one are scored in the subjective symptoms facet.

Read Preparing for a C&P exam for the general approach.

The checklist

  1. Documentation of the in-service injury: medical record, incident report, any concussion screening results, buddy statements, combat records.
  2. A TBI diagnosis, with the severity grade if it was assessed.
  3. Any neuropsychological or other cognitive testing already done.
  4. The residuals you want decided, named on the 21-526EZ: for example "post-traumatic headaches," "tinnitus," "depression secondary to TBI."
  5. Lay statements from family and coworkers on memory, behavior, and judgment changes since the injury.
  6. A symptom log for headaches, sleep, and cognitive lapses.

TBI rating questions

How does VA rate TBI?

VA rates the current residuals of a service-connected TBI under diagnostic code 8045, which splits them into three areas. Cognitive problems and subjective symptoms are scored on a table of ten facets. Emotional and behavioral problems are rated under the mental disorders schedule when there is a mental disorder diagnosis, and on the facet table when there is not. Physical problems, such as seizures, hearing loss, tinnitus, or weakness, are rated under their own codes. The separate ratings then combine under § 4.25, as long as the same signs and symptoms do not support more than one rating (38 CFR § 4.124a, DC 8045).

What is the VA TBI rating scale?

Each of the ten facets on the TBI table is scored at a level of 0, 1, 2, 3, or total, using criteria written for that facet. The highest level on any facet sets the rating: 0 is 0%, 1 is 10%, 2 is 40%, 3 is 70%, and total on any facet is 100%. The facets do not add together, and not every facet has every level: consciousness has only total, social interaction and neurobehavioral effects stop at 3, and subjective symptoms stop at 2 (38 CFR § 4.124a, DC 8045).

How are TBI residuals rated?

A residual with its own diagnosis that another diagnostic code covers, such as migraine headache or Meniere's disease, is rated separately under that code rather than on the facet table, even if the diagnosis rests on subjective symptoms. Physical residuals, such as seizures, hearing loss, or problems with vision, balance, bladder, or hormones, are rated under appropriate codes too. Each separate rating combines with the facet rating, but the same signs and symptoms cannot support two ratings. If the symptoms of two conditions cannot be clearly separated, VA assigns a single rating under whichever criteria better reflect the overall impairment from both (38 CFR § 4.124a, DC 8045, Note (1)).

What VA rating does mild TBI receive?

There is no fixed rating for mild TBI. Under Note (4) to DC 8045, mild, moderate, and severe describe how the injury was classified at or close to the time it happened, not how you function now, and that label does not affect the rating. A TBI first called mild is rated on its current residuals, from 0% up to 100%, the same way as one called severe. The label does matter for a separate rule: depression that shows up within 12 months of a mild TBI is presumed to result from a service-connected TBI (38 CFR § 4.124a; § 3.310(d)).

What happens at a VA TBI exam?

A claim exam gathers information for VA's decision; the examiner does not treat you or prescribe anything, and may ask you to get other tests at no cost to you. The TBI exam questionnaires are not available for public use, and VA's manual requires the first TBI diagnosis to come from a physiatrist, psychiatrist, neurosurgeon, or neurologist. The examiner must address every facet of the TBI table and explain any facet left blank as related to a non-TBI condition, so expect questions about memory, judgment, social interaction, mood, headaches, and daily functioning (VA claim exam guidance; M21-1 IV.i.3.A.1.j and IV.i.3.B.1.n).

Sources

Every residual, tracked

READY214 keeps each claimed condition's evidence separate, diagnosis, service link, severity, and impact, so the headaches, the tinnitus, and the TBI itself each carry their own record. Free, no account needed to look.

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