Welcome to our comprehensive guide on Traumatic Brain Injury VA ratings. This article is dedicated to helping veterans navigate the complexities of the VA claim process and achieve the recognition and benefits they rightfully deserve.
What is Traumatic Brain Injury (TBI)?
Traumatic Brain Injury (TBI) is a serious medical condition that affects many veterans. It can result from a direct blow or jolt to the head, a penetrating injury, or exposure to explosive blasts. Understanding the cause and impact of a TBI is critical to filing a successful VA disability claim.
TBI Causes and How It Impacts Your Claim
While traumatic brain injuries often share similar symptoms, the way in which they occur can differ significantly. This distinction plays a critical role in documenting service-connected injuries and pursuing a VA disability claim.
Direct Impact TBIs
Direct impact TBIs occur when the head sustains a forceful blow or jolt, causing the brain to move violently within the skull. This can result in damage to brain tissue, blood vessels, and nerves. Common scenarios where direct impact TBIs may occur include:
- Combat and Explosive Devices: Exposure to enemy fire, shrapnel, or debris can lead to blunt force trauma.
- Training Accidents: Falls or collisions during exercises.
- Vehicle Accidents: Collisions or rollovers involving military vehicles.
- Occupational Falls: Accidents occurring on bases, ships, or aircraft.
These injuries typically present with external signs of trauma and are more readily identifiable during medical evaluations.
Blast-Related TBIs
Known as “invisible injuries,” blast-related TBIs result from explosive shockwaves rather than physical impact. These waves rapidly change atmospheric pressure, causing internal brain injury without visible trauma. Such injuries commonly occur from:
- IEDs and explosives
- Artillery fire exposure
- Live-explosive training exercises
Blast-related TBIs are a hallmark injury of the Iraq and Afghanistan conflicts and often require specialized evaluation.
What Do You Need for a TBI VA Rating?
1. Document Your TBI Diagnosis
Ensure your TBI is diagnosed through a VA provider or private specialist. This is the foundation of your claim.
2. Gather Evidence of In-Service Incidents
Include event documentation, service records, treatment details, and a personal statement outlining how the injury occurred and its ongoing impact. Consider asking for buddy statements from fellow service members who may remember the incident in which you were injured.
3. Establish a Medical Nexus
A medical nexus links your current TBI diagnosis to service incidents. A strong nexus should explain changes in cognitive, physical, and emotional health.
Our attorneys explain how to get a TBI rating in this video:
What Is the VA Disability Rating for TBI?
The VA rates TBI from 10% to 100% using Diagnostic Code 8045, which evaluates impairments across 10 domains including memory, attention, social functioning, communication, and more. The most severe level of impairment in any one domain determines the overall rating.
VA TBI Rating Levels
- 0% rating: No residual symptoms affecting function.
- 10% rating: Mild or intermittent symptoms.
- 40% rating: Moderate impairment affecting work and social activities.
- 70% rating: Severe symptoms impacting independence and daily life.
- 100% rating: Total impairment requiring ongoing support or supervision.
Intermediate ratings (e.g., 20%, 30%, 50%) may also apply depending on severity across domains. For the most serious cases, Special Monthly Compensation (SMC-T) may also be awarded.
Also keep in mind that if a rating code outside diagnostic code 8045 would provide a higher rating for you, such as a separate rating for tinnitus or migraines or depression, VA is obligated to provide you with evaluation under the diagnostic code which is most advantageous to your claim.
Maximizing Your TBI VA Rating
The 70% VA Rating for TBI
A 70% rating is assigned when symptoms reflect severe functional impairment in several areas:
- Memory and Attention: Trouble retaining information.
- Judgment: Risky or poor decision-making.
- Social Interaction: Inappropriate behaviors or isolation.
- Orientation: Disorientation even in familiar settings.
- Motor Skills: Difficulty with basic tasks.
- Visual-Spatial: Trouble navigating or recognizing objects.
- Subjective Symptoms: Panic attacks, mood swings.
- Neurobehavioral Effects: Aggression, apathy.
- Communication: Impaired speech or understanding.
- Consciousness: Episodes of confusion or brief blackouts.
Pathways to a 100% TBI Rating
To go beyond the 70% rating and achieve a 100% rating, the veteran typically must show severe or total impairment across multiple domains:
- Severe Cognitive Dysfunction: Inability to perform basic tasks such as dressing or preparing meals.
- Complete Physical Dependence: Requiring full-time care or supervision.
VA examiners consider how these symptoms limit independent functioning across daily environments.
Denied or Underrated? Get the Help You Deserve
If your TBI claim was denied or underrated, don’t face the appeals process alone. Legal complexities should not stand between you and the benefits you’ve earned. Get a free case evaluation with us today.
Secondary Conditions Related to TBI
Traumatic brain injury can lead to additional service-connected conditions, including:
Each of these may be eligible for secondary service connection, further increasing your overall disability rating.
TDIU: Additional Benefits When You Can’t Work
If your TBI prevents you from maintaining substantially gainful employment, you may qualify for Total Disability based on Individual Unemployability (TDIU). To qualify, you must:
- Have one disability rated at 60% or more or multiple disabilities combining to 70% with one rated at least 40%.
- Prove that your service-connected conditions prevent steady employment.
TDIU provides compensation at the 100% disability rate even if your combined rating is less than 100%. If your TBI makes it difficult for you to keep a job, our experienced TDIU attorneys may be able to help you get the maximum compensation.
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