Residuals of traumatic brain injury (TBI) — VA Rating Criteria (38 CFR DC 8045)

The VA rates Residuals of traumatic brain injury (TBI) under Diagnostic Code 8045 at the following tiers: 0%, 10%, 40%, 70%, 100%. The minimum 0% rating requires: A veteran whose residuals of TBI are rated under a version of § 4.124a, diagnostic code 8045, in effect before October 23, 2008 may request review under diagnostic code 8045, irrespective of whether his or her disability has worsened since the last review. VA will review that veteran's disability rating to determine whether the veteran may be entitled to a higher disability rating under diagnostic code 8045. A request for review pursuant to this note will be treated as a claim for an increased rating for purposes of determining the effective date of an increased rating awarded as a result of such review; however, in no case will the award be effective before October 23, 2008. For the purposes of determining the effective date of an increased rating awarded as a result of such review, VA will apply 38 CFR 3.114, if applicable. Note (5):. The maximum 100% rating requires: TBI residuals, severe: Requires daily caregiver assistance for basic ADLs (bathing, dressing, eating, ambulation); vegetative or minimally conscious state; or persistent severe dementia; total neurological incapacitation. May qualify for aid and attendance..

Diagnostic Code 8045 is the VA rating identifier for Residuals of traumatic brain injury (TBI) within 38 CFR 38 CFR § 4.124a. It defines the specific symptom criteria and percentage thresholds a VA adjudicator uses to assign a disability rating. The diagnostic code is listed on a veteran's rating decision letter.

The highest schedular rating for Residuals of traumatic brain injury (TBI) under DC 8045 is 100%. This tier requires: TBI residuals, severe: Requires daily caregiver assistance for basic ADLs (bathing, dressing, eating, ambulation); vegetative or minimally conscious state; or persistent severe dementia; total neurological incapacitation. May qualify for aid and attendance.. Veterans who cannot secure substantially gainful employment due to Residuals of traumatic brain injury (TBI) alone or in combination with other service-connected conditions may also qualify for TDIU at the 100% compensation rate under 38 CFR § 4.16.

Residuals of traumatic brain injury (TBI) is rated under 38 CFR 38 CFR § 4.124a, Diagnostic Code 8045. This section is part of the Schedule for Rating Disabilities (38 CFR Part 4) and can be read in full at the eCFR website.

Conditions commonly secondary to Residuals of traumatic brain injury (TBI) include: Chronic Traumatic Encephalopathy (CTE) / Post-Concussive Neurodegeneration, Hypopituitarism / Hormonal Dysfunction (Post-TBI), Anosmia (Loss of Smell), Endocrine Dysfunction / Growth Hormone Deficiency, Neurocognitive Disorder / Cognitive Impairment, Post-Traumatic Epilepsy / Seizure Disorder, Visual Processing Disorder / Convergence Insufficiency. Secondary conditions caused or aggravated by a service-connected disability are ratable under 38 CFR § 3.310. Medical nexus evidence linking the primary and secondary condition is required.

Service connection for Residuals of traumatic brain injury (TBI) requires three elements: (1) a current diagnosis of the condition, (2) an in-service event, injury, or disease that may have caused or aggravated it, and (3) a medical nexus connecting the current diagnosis to that in-service event. A nexus letter from a treating physician or independent medical examiner is the most reliable nexus evidence. C&P exam findings can also establish nexus if adequately documented.