★ Neurological
Traumatic Brain Injury (TBI) VA Rating
38 CFR § 4.124a, Diagnostic Code 8045
Overview
VA breaks TBI into three categories: cognitive, emotional/behavioral, and physical residuals.
Cognitive impairment uses 10 facets, each scored 0, 1, 2, 3, or 'total' — translating to 0%, 10%, 40%, 70%, or 100%.
VA must assign whichever rating is higher: TBI residuals OR a separately rated mental health condition (no double-rating for the same symptoms).
In Depth
Traumatic Brain Injury is rated under 38 CFR § 4.124a, Diagnostic Code 8045, using ten 'facets' of cognitive impairment: memory, judgment, social interaction, orientation, motor activity, visual spatial orientation, subjective symptoms, neurobehavioral effects, communication, and consciousness. The highest-impairment facet drives the overall rating.
TBI ratings frequently overlap with mental health ratings. When residuals include a mood or cognitive disturbance that overlaps with PTSD or depression symptoms, the VA assigns a single rating under whichever schedule produces the higher evaluation — to avoid pyramiding under § 4.14.
Mild TBI (concussion) often produces persistent post-concussive symptoms that veterans don't connect to service. Documented blast exposure, IED proximity, vehicle rollovers, sports injuries during PT, or any LOC event in service should be developed for TBI even years later.
How to Establish Service Connection
- Documented in-service head injury (blast, IED, vehicle accident, fall).
- VA presumes a link between in-service TBI and post-service cognitive symptoms in many cases.
Rating Criteria
Paraphrased from 38 CFR § 4.124a, Diagnostic Code 8045
| Rating | Criteria |
|---|---|
| 0% | Facet level 0 — no impairment. |
| 10% | Facet level 1 — mildly impaired. |
| 40% | Facet level 2 — moderately impaired. |
| 70% | Facet level 3 — severely impaired. |
| 100% | Total — at the 'total' level in any one of the 10 facets. |
See what each percentage pays in 2026 and how it combines with your current rating →
Evidence Checklist
- Service records documenting the in-service injury (line-of-duty, sick call, blast exposure log).
- Neuropsychological testing.
- Records describing cognitive issues: memory, judgment, social interaction, motor function.
Evidence Templates
Common formats of evidence the VA looks for in this type of claim. These describe what the documents typically include — they are not legal forms or medical opinions, and Oakridge Claims does not draft them.
Neuropsychological Testing Report
Formal cognitive assessment by a neuropsychologist documenting performance across memory, attention, executive function, processing speed, and other domains. Often the most persuasive evidence in late-diagnosed TBI claims.
Lay Statement on Blast/Injury Event
Statement from a fellow service member confirming the blast, IED, vehicle accident, or other head injury event in service, along with observed post-event symptoms.
Evidence VA Commonly Cites in These Claims
Descriptive summary of evidence types frequently referenced in rating decisions for this condition. Not a checklist of actions to take — every claim is decided on its own facts.
- ★In-service documentation of head injury — sick call slips, field hospital records, line-of-duty determinations, post-deployment health assessments noting blast exposure — is commonly central to TBI claims.
- ★VA uses a specialized TBI examiner protocol; a TBI-specific C&P exam is typically the appropriate evaluation, since general mental health examiners often miss cognitive facets.
- ★Cognitive symptoms (memory, attention, executive function) generally belong on a different rating schedule than emotional symptoms.
- ★When TBI and PTSD residuals coexist, C&P exams that explicitly address which symptoms originate from which condition tend to be more accurate. Vague attribution typically results in a single combined rating that may underestimate severity.
Illustrative Scenarios
These are hypothetical educational examples — not actual case results, predictions, or guarantees of outcomes.
Scenario — Blast-Exposed Veteran, Late Diagnosis
An OIF veteran exposed to multiple IED blasts in 2007 was never formally diagnosed with TBI in service. Twelve years later, neuropsychological testing identifies executive function deficits and memory impairment consistent with mild TBI. With service treatment records showing post-deployment headaches and a buddy statement confirming blast exposure, the TBI claim can proceed as direct service connection. The rating depends on the highest-impairment facet under DC 8045.
Common pitfalls VA sees
- Accepting a general mental health C&P when TBI is at issue. The TBI protocol is specific.
- Combining TBI cognitive symptoms with PTSD symptoms in the same statement, making it impossible for the rater to separate them.
- Overlooking separate evaluation of headaches (DC 8100) and other physical residuals (vertigo, hearing loss, vision disturbance), which can be rated separately from the cognitive facets.
Common Secondary Conditions
Conditions frequently service-connected as secondary to Traumatic Brain Injury (TBI):
Frequently Asked Questions
Have a Traumatic Brain Injury (TBI) claim or denial?
Four fields. A VA-accredited claims agent reviews it and responds within 3–5 business days. Contingent fees apply only to awarded past-due benefits on appeals — never on initial claims.
Requesting a consultation does not create representation and is not a guarantee of any outcome. Representation begins only after a written fee agreement and VA Form 21-22a are signed.
Educational content only — not legal advice and not medical advice. Rating criteria on this page are summarized in plain English from 38 CFR Part 4; consult VA.gov or the current Code of Federal Regulations for official criteria. This page provides general education about how the VA rates this condition; it is not individualized advice, does not establish a representation relationship, and should not be used to self-diagnose, self-treat, or decide a course of action without speaking to a qualified clinician and a VA-accredited representative. Outcomes depend on each veteran's individual facts, evidence, and the adjudicator's judgment; no specific rating, effective date, or other result is guaranteed. Oakridge Claims is a private business and is not affiliated with, endorsed by, or operated by the US Department of Veterans Affairs.