How The VA Rates TBIs For Disability Benefits
Posted by Gregory M. Rada | August 12, 2025 | Firm News
As a disabled veteran, attorney Greg Rada knows firsthand how frustrating and overwhelming it can be to deal with the VA. That’s why, at Gregory M. Rada, Attorney at Law, we fight to make the disability claims process more accessible—especially for veterans suffering from traumatic brain injuries (TBIs). If you’re searching for a Virginia VA TBI lawyer who understands the system from the inside out, you’re in the right place.
Understanding the VA’s TBI Rating Structure
When evaluating a traumatic brain injury, the VA uses a detailed framework laid out in 38 CFR § 4.124a, Diagnostic Code 8045. The rating is based on three main categories of impairment:
- Cognitive (such as memory loss, poor judgment, or difficulty focusing)
- Emotional/Behavioral (such as irritability, depression, or mood swings)
- Physical (such as headaches, dizziness, or seizures)
Each symptom is scored on a scale of 0, 1, 2, 3, or “total”, depending on how severely it affects your day-to-day functioning. The VA then assigns a single disability rating based on the most severe symptom, not a combined total.
VA TBI Rating Levels And Monthly Compensation
Understanding how TBI ratings are determined and what each percentage typically reflects in terms of compensation is important when seeking maximum compensation for your disability.
- 0%: Symptoms are present but don’t interfere with work or daily tasks. You won’t receive monthly compensation at this level but may still qualify for healthcare and other VA benefits.
- 10%: Mild symptoms that slightly reduce work efficiency or daily functioning.
- 40% Moderate symptoms that regularly affect functioning in areas such as memory, concentration, or social interaction.
- 70%: Severe functional impairment—trouble managing personal affairs, maintaining employment, or communicating clearly.
- 100%: Total disability. The veteran cannot perform almost any daily tasks independently. Monthly compensation is maximized, plus possible additional amounts for dependents.
These ratings aren’t just numbers—they reflect your access to monthly support, future medical care, and long-term stability.
Why VA TBI Exams Often Fall Short
Many of our clients come to us after receiving exams that didn’t fully account for the day-to-day impact of their symptoms. For instance, a VA examiner might note forgetfulness but fail to connect that to job loss, isolation, or safety concerns at home. Some exams are too brief or don’t use proper diagnostic tools.
Our VA accredited lawyer works to correct those gaps by gathering clear, credible medical and lay evidence, like statements from family members, detailed neuropsychological testing, and updated evaluations that better show the real impact of your TBI.
Secondary Conditions Can Increase Your Rating
TBIs often lead to additional conditions like migraines, sleep apnea, depression, or anxiety. The VA may rate these secondary conditions separately and combine the ratings using the VA’s combined rating table. In some cases, these additional ratings may qualify a veteran for Total Disability based on Individual Unemployability (TDIU), even if the TBI alone doesn’t meet the 100% threshold.
Helping You Secure Benefits For A TBI Disability Claim
With proven results and no fees unless you win, we’ve helped veterans across the country get the ratings they deserve. As someone who fought through an eight-year disability claim, attorney Greg knows how important it is to get your claim right the first time.
If your TBI rating doesn’t reflect the full scope of your symptoms—or if the VA undervalued your claim—we’re ready to help. Reach out to Gregory M. Rada, Attorney at Law today to schedule a free consultation.
