What this means
m21-1:V.iii.12.B explains traumatic brain injury (tbi). In plain terms, the official guidance says the term traumatic brain injury (TBI) means the physical, cognitive, and/or behavioral/emotional residual disability resulting from an event of external force causing an injury to the brain. It also addresses a medical classification of severity of the TBI at the time of the acute trauma from the TBI event has no bearing on evaluation for VA compensation purposes.
How this may help with a claim
Use m21-1:V.iii.12.B to audit how VA handled traumatic brain injury (tbi). Start with the decision date, the issue being reviewed, and the evidence VA was allowed to consider, then compare the record with this rule: The term traumatic brain injury (TBI) means the physical, cognitive, and/or behavioral/emotional residual disability resulting from an event of external force causing an injury to the brain. A medical classification of severity of the TBI at the time of the acute trauma from the TBI event has no bearing on evaluation for VA compensation purposes. Cite the exact document and page when raising a factual or procedural error, and use the review rights in the actual notice for any deadline.
What to review in your file
- Check the file against this official condition: any loss of memory for events immediately before or after the injury
- Confirm that the record or notice addresses this source point: Although unconsciousness or reduced consciousness is common in TBI events, these are not required. Any one of the five signs will be sufficient.
- Document how this stated step or exception applies: The U.S. Army Medical Research and Materiel Command Joint Trauma Analysis and Prevention of Injury in Combat (JTAPIC) has developed a registry of service members who were within 50 feet of a blast since mid-2010.
Important limits
m21-1:V.iii.12.B explains VA guidance for traumatic brain injury (tbi); it does not guarantee an award or replace the statutes, regulations, binding decisions, and review instructions that control an individual claim. Conditions and exceptions still matter, including this source point: The term traumatic brain injury (TBI) means the physical, cognitive, and/or behavioral/emotional residual disability resulting from an event of external force causing an injury to the brain. 38 CFR 3.310(d) was amended on December 17, 2013, to establish an association between TBI and certain illnesses.
Search terms when useful
Phrases that may help when searching your claim file or this library.
- Traumatic Brain Injury (TBI)
- m21-1:V.iii.12.B
- Traumatic Brain Injury
- TBI
- About
- definition
- events
- external force purpose events
Original VA guidance
The official VA text of this section
Overview
In This Section
This section contains the following topics:
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| Topic | Topic Name |
|---|---|
| 1 | General Information About TBI |
| 2 | Rating Considerations for TBI |
| 3 | Secondary Conditions Associated With TBI Under 38 CFR 3.310(d) |
1. General Information About TBI
Introduction
This topic contains general information about TBI, including
- definition of TBI
- TBI events
- external force for the purpose of TBI events
- registry for verifying blast injuries
- TBI residuals
- determining the issues in TBI cases
- training and signature requirements for TBI decisions, and
- TBI special issue.
Change Date
August 11, 2025
V.iii.12.B.1.a. Definition: TBI
The term traumatic brain injury (TBI) means the physical, cognitive, and/or behavioral/emotional residual disability resulting from an event of external force causing an injury to the brain.
V.iii.12.B.1.b. TBI Events
The TBI event is a traumatically induced structural injury and/or physiological disruption of brain function resulting from an external force indicated by at least one of the following clinical signs immediately following the event:
- any period of loss of consciousness or decreased consciousness
- any loss of memory for events immediately before or after the injury
- any alteration in mental state at the time of the injury (confusion, disorientation, slowed thinking, etc.)
- neurological deficits, whether or not transient, or
- intracranial lesion.
Notes:
- The TBI event has two necessary components: the external force and the identifiable acute manifestations of brain injury immediately following the external force. Not all individuals exposed to an external force will have brain injury, and therefore, they will not meet the criteria for having a TBI event.
- The acute manifestations may resolve without chronic disability, or a chronic disability may result.
- Although unconsciousness or reduced consciousness is common in TBI events, these are not required. Any one of the five signs will be sufficient.
V.iii.12.B.1.c. External Force for the Purpose of TBI Events
External force means any of the following events:
- a foreign body (such as a bullet or shell fragment) penetrating the brain
- the head being struck by an object (such as a fist, a hatch, or flying debris)
- the head striking an object (such as the ground or a windshield)
- the brain undergoing an acceleration/deceleration movement without direct external trauma to the head
- force generated from events such as a blast or explosion, to include low-level blasts or explosions from firing heavy weapons systems or explosives, such as
- artillery weapons, or
- shoulder-launched missiles, or
- other force yet to be defined.
Note: TBI events may occur during combat or non-combat situations (such as a motor vehicle accident, fall, or personal assault).
V.iii.12.B.1.d. Registry for Verifying Blast Injuries
The U.S. Army Medical Research and Materiel Command Joint Trauma Analysis and Prevention of Injury in Combat (JTAPIC) has developed a registry of service members who were within 50 feet of a blast since mid-2010.
When existing Department of War records, to include service treatment records (STRs), are not sufficient to verify exposure to a blast injury that occurred since mid-2010, Compensation Service will contact JTAPIC to determine if there is a record of exposure.
Important: E-mail Compensation Service at VAVBAWAS/CO/214DADVISORYANDSRT if exposure to an in-service blast injury from mid-2010 to the present cannot be verified. Include the following information in the e-mail:
- full name of Veteran
- claim number and Social Security number
- branch of service
- brief description of the blast injury
- location
- date of blast/injury, and
- unit.
V.iii.12.B.1.e. TBI Residuals
The resultant disabling effects of a TBI event beyond those that follow immediately from the acute injury to the brain are known as TBI residuals or TBI sequelae.
The signs and symptoms of TBI residuals can be organized into the three main categories of physical, cognitive, and behavioral/emotional residuals for evaluation purposes. Examples of TBI residuals in each of the three categories may include, but are not limited to, those listed below.
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| Physical | Cognitive | Behavioral/Emotional |
|---|---|---|
| Apraxia (inability to execute purposeful, previously learned motor tasks, despite physical ability and willingness) | Dementias (pre-senile Alzheimer's type, dementia pugilistica, post traumatic dementia) | Depression |
| Aphasia (difficulty communicating orally and/or in writing) | Attention and concentration deficits | Agitation and irritability |
| Paresis (muscle weakness or incomplete paralysis) | Memory, processing, and learning impairment | Impulsivity |
| Plegia (paralysis or stroke) | Language deficiencies | Aggression |
| Dysphagia (difficulty swallowing) | Planning difficulties | Anxiety |
| Disorders of balance and coordination | Judgment and control difficulties | Posttraumatic stress disorder (PTSD) |
| Diseases of hormone deficiency | Reasoning and abstract thinking limitations | |
| Parkinsonism | Self-awareness limitations | |
| Nausea/vomiting | ||
| Headaches | ||
| Dizziness | ||
| Blurred vision | ||
| Seizure disorder | ||
| Sensory loss | ||
| Weakness | ||
| Sleep disturbance |
Note: TBI residuals can resolve in a short period of time or can persist chronically or even permanently. Chronic TBI residuals may include some or all of the clinical signs that developed immediately during the TBI event. Others (such as seizures or spasticity) may have a delayed onset.
V.iii.12.B.1.f. Determining the Issues in TBI Cases
A claim for service connection (SC) for TBI may also be worded as a claim for “head injury” or “concussion.” A claim document mentioning any of the above must be sympathetically read and understood as a claim for all identifiable TBI residuals that can be attributed to one or more TBI events.
A claim for “combat injuries,” assault, automobile accident, fall, or other injurious events may also raise the issue of a TBI if there was an injury to the head.
As recognized by 38 CFR 4.124a, diagnostic code (DC) 8045, the external force of a claimed TBI event may result not only in brain injury but also in physical or psychological disorders distinct from brain injury residuals. An explosion, for example, may cause burns, muscle injuries, orthopedic injuries including amputations, and PTSD in addition to a brain injury. A TBI claim mentioning a specific traumatic event must be sympathetically read as a claim for SC for all disabling chronic residuals of the event.
Reference: For more information on determining the issues, see M21-1, Part V, Subpart ii, 3.A.
V.iii.12.B.1.g. Training and Signature Requirements for TBI Decisions
All decisions that address TBI as an issue, including rating decisions, Statements of the Case, and Supplemental Statements of the Case, must only be worked/reviewed by a Rating Veterans Service Representative or Decision Review Officer who has completed the required TBI training.
Decisions for TBI require two signatures until a decision maker has demonstrated an accuracy rate of 90 percent or greater based on a review of at least 10 TBI cases.
References: For more information on
- t wo-signature requirements in TBI rating decisions, see M21-1, Part V, Subpart iv, 1.B.7.d, and
- training requirements for TBI determinations, see M21-3, Part I, A.3.l.
V.iii.12.B.1.h. TBI Special Issue
Ensure that the Traumatic Brain Injury special issue indicator has been added in all cases involving claims for TBI by reviewing the Veterans Benefits Management System (VBMS) profile screen.
Reference: For more information on special issue indicators, see
- M21-1, Part III, Subpart i, 2.F.2.f and g, and
- M21-4, Appendix E, 2.
2. Rating Considerations for TBI
Introduction
This topic contains information about rating considerations for TBI, including
- SC of TBI residuals
- evaluation of TBI residuals
- multiple evaluations and pyramiding in TBI cases
- evaluating TBI and comorbid symptoms/conditions
- example of evaluating TBI with comorbid conditions
- opinion evidence and separate evaluations of TBI and a mental disorder
- additional TBI signs or symptoms upon reevaluation
- TBI and special monthly compensation (SMC)
- temporary total evaluations and TBI
- applicability of 38 CFR 3.114(a) in TBI cases, and
- anoxic brain injury.
Change Date
August 11, 2025
V.iii.12.B.2.a. SC of TBI Residuals
Brain injuries, even if mild, cause permanent changes within the brain. Even if residual impairment is not detected upon examination, the brain has been damaged in some way that is permanent in nature. When there is a current formal diagnosis of TBI and a positive nexus linking the diagnosis to the in-service injury, 38 CFR 3.303 allows for SC on a direct basis, even when the current examination indicates the TBI is not manifesting any current signs or symptoms or that it is resolved.
Notes:
- TBI residuals can manifest years after the initial injury.
- A medical opinion is necessary when the medical evidence of record does not show a clear-cut etiology for a sign or symptom claimed as a delayed effect.
Example: A Veteran files a new claim for SC of TBI in December 2019. The Veteran's service records show a mild head injury in 2010. On the Initial Evaluation of Residuals of Traumatic Brain Injury Disability Benefits Questionnaire, the examiner selects the TBI diagnosis and marks all facets as normal. Post-service medical records do not show any complaints of disabling signs or symptoms.
Result: Grant SC for TBI under 38 CFR 4.124a, DC 8045, 0 percent.
V.iii.12.B.2.b. Evaluation of TBI Residuals
Evaluate service-connected (SC) TBI residuals under 38 CFR 4.124a, DC 8045.
In every case, one evaluation should be assigned using the highest level of impairment assigned to any facet contained in the table “Evaluation of Cognitive Impairment and Other Residuals of TBI Not Otherwise Classified,” which has been incorporated into VBMS – Rating (VBMS-R).
Additional evaluations may be appropriate to assign as provided in M21-1, Part V, Subpart iii, 12.B.2.c and d.
Note: A medical classification of severity of the TBI at the time of the acute trauma from the TBI event has no bearing on evaluation for Department of Veterans Affairs (VA) compensation purposes. It is not an evaluation factor and is not relevant to the application of the benefit of the doubt rule. Do not imply or state that initial severity classification was given weight in assigning a disability evaluation.
References: For more information on
- evaluating secondary TBI-related conditions, see M21-1, Part V, Subpart iii, 12.B.3, and
- principles of evaluating evidence and decision making, see M21-1, Part V, Subpart ii, 1.A.
V.iii.12.B.2.c. Multiple Evaluations and Pyramiding in TBI Cases
In addition to the evaluation for TBI manifestations under the table “Evaluation of Cognitive Impairment and Other Residuals of TBI Not Otherwise Classified” in 38 CFR 4.124a, DC 8045 (and also incorporated into VBMS-R), manifestations of a comorbid mental, neurologic, or other physical disorder can be separately evaluated under another DC if there is a distinct diagnosis – even if based on subjective symptoms – and no more than one evaluation is based on the same manifestation(s).
Follow the policy in the table below.
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| If manifestations... | Then... |
|---|---|
| are clearly separable | assign a separate evaluation using each applicable DC. |
| of two or more conditions cannot be clearly separated | assign a single evaluation under whichever set of criteria allows the better assessment of the overall impaired functioning due to both conditions. |
References: For more information on
- evaluating TBI and comorbid symptoms, see M21-1, Part V, Subpart iii, 12.B.2.d
- the importance of examiner qualifications for initial TBI examinations, see M21-1, Part IV, Subpart i, 3.A.1.j
- SC for vertigo, see M21-1, Part V, Subpart iii, 12.A.1.e, and
- pyramiding, see
- 38 CFR 4.14
- M21-1, Part V, Subpart ii, 3.D.2.b, and
- Esteban v. Brown, 6 Vet.App. 259 (1994).
V.iii.12.B.2.d. Evaluating TBI and Comorbid Symptoms/ Conditions
Use the table below when evaluating TBI and comorbid symptoms and/or conditions.
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| If the Veteran has... | Then evaluate... |
|---|---|
| headaches | headaches according to the table below. |
| tinnitus | tinnitus based on one of the following methods, depending on which method results in a higher evaluation: separately under 38 CFR 4.87, DC 6260, or in the subjective symptoms facet under 38 CFR 4.124a, DC 8045. |
| vertigo (whether referred to as “vertigo,” “constant vertigo,” “peripheral vestibular disorder,” “benign paroxysmal positional vertigo,” or any other similar wording) | vertigo in the subjective symptoms facet under 38 CFR 4.124a, DC 8045. Note: If vertigo was awarded a separate compensable evaluation prior to March 15, 2012, do not change or correct the evaluation. Reference: For more information on SC for vertigo, see M21-1, Part V, Subpart iii, 12.A.1.e. |
| cognitive and/or behavioral/emotional residuals | the symptoms according to the table below. |
V.iii.12.B.2.e. Example of Evaluating TBI With Comorbid Conditions
Situation: VA examination shows the Veteran
- has numerous behavioral/emotional symptoms (depression that severely affects the Veteran's work and family relationships, frequent suicidal thoughts, confusion, apathy, and unpredictability), and
- meets the diagnostic criteria for both TBI and major depression.
The examiner was unable to delineate which behavioral/emotional symptoms are associated with TBI and which are associated with major depression. Evaluation under 38 CFR 4.130 criteria would result in the higher evaluation for the behavioral/emotional symptoms due to TBI and major depression.
In addition, the TBI examination found multiple physical complaints related to TBI, including vertigo, sensitivity to light, blurred vision, and subjective headaches.
Result:
- Assign an evaluation for the behavioral/emotional residuals due to TBI and major depression under 38 CFR 4.130, DC 9434, as this provides the highest evaluation based on the behavioral/emotional symptoms.
- Assign a separate evaluation under 38 CFR 4.124a, DC 8045 for the remaining physical symptoms and combine the evaluations under 38 CFR 4.25.
Explanation: Separate evaluations are warranted in this case because the physical symptoms of TBI are clearly separable from the behavioral/emotional symptoms. The physical symptoms
- clearly represent different functional impairment than the behavioral/emotional symptoms, and
- are not compensated under the mental disorders criteria.
V.iii.12.B.2.f. Opinion Evidence and Separate Evaluations of TBI and a Mental Disorder
Ensure that sufficiently clear and unequivocal medical opinion evidence exists in the claims folder whenever there is a question of whether TBI and a mental disorder are distinct and can be separately evaluated. Veterans Benefits Administration decision makers are not qualified to make such determinations.
The opinion may be provided by either an examiner assessing the TBI or an examiner assessing the mental disorder as long as the individual offering the opinion is properly qualified.
If a medical provider cannot make the required determination without resorting to mere speculation, then careful consideration must be given to whether that statement can be accepted under Jones v. Shinseki, 23 Vet.App. 382 (2010).
V.iii.12.B.2.g. Additional TBI Signs or Symptoms Upon Reevaluation
When considering a claim for reevaluation of TBI, do not automatically concede that a new sign, symptom, or diagnosis is a residual of TBI simply because it is listed in M21-1, Part V, Subpart iii, 12.B.1.e or in the evaluation criteria.
If there is not competent evidence that the sign, symptom, or diagnosis is associated with the SC TBI, obtain medical clarification.
V.iii.12.B.2.h. TBI and SMC
Brain injuries may be associated with loss of use of an extremity, sensory impairments, erectile dysfunction, need for regular aid and attendance (A&A) (including need for protection from hazards of the daily living environment due to cognitive impairment), and being factually housebound or statutorily housebound.
Carefully consider eligibility for special monthly compensation (SMC) when evaluating TBI residuals.
References: For more information on
- SMC, see M21-1, Part VIII, Subpart iv, 4.A
- the special SMC rate for TBI, specified in 38 U.S.C. 1114(t), see
- 38 CFR 3.350(j), and
- M21-1, Part VIII, Subpart iv, 4.A.11, and
- ordering examinations and other development for SMC (t), see M21-1, Part VIII, Subpart iv, 4.A.11.b.
V.iii.12.B.2.i. Temporary Total Evaluations and TBI
In cases of recently discharged Veterans, consider the applicability of a temporary 50-percent or 100-percent prestabilization evaluation under the provisions of 38 CFR 4.28.
Lengthy VA hospitalizations or surgeries with convalescence may also implicate consideration of eligibility for temporary total evaluation under 38 CFR 4.29 and 38 CFR 4.30.
V.iii.12.B.2.j. Applicability of 38 CFR 3.114(a) in TBI Cases
The rating criteria for evaluating TBI were changed effective October 23, 2008.
Under Note (5) of 38 CFR 4.124a, DC 8045, a Veteran whose residuals of TBI are rated under a version of the diagnostic criteria in effect before October 23, 2008, may request review under the current regulation irrespective of whether the disability has worsened since the last review. 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, applying 38 CFR 3.114(a) as applicable. However, in no case will the award be effective before October 23, 2008.
Reference: For more information on liberalizing changes of law and VA issues, see M21-1, Part V, Subpart ii, 4.A.6.
V.iii.12.B.2.k. Anoxic Brain Injury
Anoxic brain injury is a condition resulting from a severe decrease in the oxygen supply to the brain that may be due to any of a number of possible etiologies, including trauma, strangulation, carbon monoxide poisoning, stroke, and many others.
As anoxic brain injury does not have its own unique DC in the rating schedule, it can be rated analogously, depending on the specific medical findings in a particular case.
Use the table below to determine the possible analogous rating.
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| If the residuals are similar to... | Then evaluate the symptoms analogous to... |
|---|---|
| TBI | 38 CFR 4.124a, DC 8045. |
| brain hemorrhage | 38 CFR 4.124a, DC 8009. |
| psychiatric disability | 38 CFR 4.130, DC 9310. |
| nerve damage | one or more DCs for specific nerves that are affected. |
Important: Follow the guidance in M21-1, Part V, Subpart iii, 12.B.2.c and d when considering the assignment of multiple evaluations for residuals.
3. Secondary Conditions Associated With TBI Under 38 CFR 3.310(d)
Introducti on
This topic contains information on secondary conditions associated with SC TBI, including
- secondary SC under 38 CFR 3.310
- evaluating the initial severity of TBI
- using the TBI initial severity table in 38 CFR 3.310
- evidence that may be relevant to the initial severity factors
- determination of diagnosable conditions as secondary to TBI
- considerations when establishing secondary SC
- action when evidence shows a 38 CFR 3.310(d) condition, and
- determining effective dates for secondary conditions.
Change Date
August 11, 2025
V.iii.12.B.3.a. Secondary SC Under 38 CFR 3.310
38 CFR 3.310(d) was amended on December 17, 2013, to establish an association between TBI and certain illnesses.
In absence of clear evidence to the contrary, the following five diagnosable illnesses are held to be a secondary result of TBI:
- Parkinsonism, including Parkinson’s disease, following moderate or severe TBI
- unprovoked seizures, following moderate or severe TBI
- dementias (presenile dementia of the Alzheimer’s type, frontotemporal dementia, and dementia with Lewy bodies), if the condition manifests within 15 years following moderate or severe TBI
- depression, if the condition manifests within three years of moderate or severe TBI or within 12 months of mild TBI, or
- diseases of hormone deficiency that result from hypothalamo-pituitary changes, if the condition manifests within 12 months of moderate or severe TBI.
Entitlement to secondary SC for these TBI-related conditions under 38 CFR 3.310(d) depends upon the initial severity of the TBI and the period of time between the injury and onset of the secondary illness.
Important: There is no need to obtain a medical opinion to determine whether the above conditions are associated with TBI when there is a TBI of a qualifying degree of severity.
Notes:
- Determine the initial severity level of the TBI based on the TBI symptoms at the time of the original injury, or shortly thereafter, rather than the current level of functioning.
- Regional offices (ROs) must continue to follow guidance in M21-1, Part V, Subpart iii, 12.B.2 when evaluating residuals of TBI. However, ROs must follow guidance in this topic when establishing secondary SC for claimants who have experienced a TBI in service and later develop one of the five diagnosable conditions listed in 38 CFR 3.310(d).
- The determination of initial severity is adjudicative – although based on medical evidence. That means the rating activity must decide the facts, such as initial severity, that correspond with the legal standard set forth in the regulation.
References: For more information on
- using the TBI initial severity table in 38 CFR 3.310(d) and how to proceed if the level of severity cannot be determined based on the available evidence, see M21-1, Part V, Subpart iii, 12.B.3.c, and
- evaluating evidence and making findings of fact to support conclusions of law, see M21-1, Part V, Subpart ii, 1.A.
V.iii.12.B.3.b. Evaluating the Initial Severity of TBI
For purposes of determining the initial severity of the TBI, consider the factors from the table in 38 CFR 3.310(d). Review medical records and lay statements for evidence of
- structural imaging of the brain, such as magnetic resonance imaging (MRI) or positron emission tomography (PET) scans
- loss of consciousness (LOC)
- alteration of consciousness/mental state (AOC), including disorientation
- post-traumatic amnesia (PTA), including any loss of memory, and
- Glasgow Coma Scale (GCS), which provides a measurement of the degree of coma at or after 24 hours.
Reference: For more information on verifying in-service blast injuries, see M21-1, Part V, Subpart iii, 12.B.1.d.
V.iii.12.B.3.c. Using the TBI Initial Severity Table in 38 CFR 3.310
The TBI does not need to meet all the criteria listed under a certain initial severity level in order to classify the TBI under that severity level.
If the Veteran’s TBI meets the criteria in more than one severity level, classify the initial severity at the highest level in which a criterion is met.
Because “normal structural imaging,” “abnormal structural imaging,” and “AOC greater than 24 hours” may be found at more than one severity level, classify severity based on other criteria in the table. If no other criteria are present, then determine the level of severity as follows:
- If AOC is greater than 24 hours and no other criteria are present, determine the severity as moderate.
- If structural imaging is noted as normal and no other criteria are present, determine the severity as mild.
- If structural imaging is noted as abnormal and no other criteria are present, determine the severity as moderate.
If the level of severity cannot be determined based on the available evidence, then apply the provisions of 38 CFR 3.310 (a) and (b) and order a VA examination/medical opinion as necessary.
V.iii.12.B.3.d. Evidence That May Be Relevant to the Initial Severity Factors
Evidence that may be relevant in ascertaining the initial severity of TBI symptoms includes
- lay statements provided by the Veteran
- lay statements from witnesses to the injury
- history provided by the Veteran in medical reports, to include VA exams, and
- STRs findings at any time after the TBI.
Note: The evidence that establishes the initial severity of the TBI does not necessarily have to be contemporaneous to the injury as long as it relates to the condition of TBI at or shortly after the time of the injury.
Example: A Korean War Veteran submits a claim for SC for Parkinsonism secondary to his SC TBI. The Veteran’s discharge examination from 1954 mentions a history of TBI in service. However, it does not contain information sufficient to determine the level of severity of the initial TBI injury. The Veteran provides a statement that he experienced a loss of consciousness during the Battle of Chosin Reservoir. A review of prior VA examination reports reveals a history provided by the Veteran that he was told by fellow soldiers that he fell unconscious for almost an hour after two grenades exploded near him.
Analysis: Although service records do not reveal the specific level of TBI during service, the Veteran’s statement is credible, consistent with circumstances of his service, and therefore sufficient to determine that he experienced a moderate level of TBI during service.
V.iii.12.B.3.e. Determination of Diagnosable Conditions as Secondary to TBI
Use the table below to determine secondary SC for conditions listed in 38 CFR 3.310(d).
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| If there is a diagnosis of … | And the initial severity of the TBI was … | Then … |
|---|---|---|
| Parkinsonism, including Parkinson’s disease | moderate or severe | award SC. |
| unprovoked seizures | moderate or severe | award SC. |
| dementia of the following types: presenile dementia of the Alzheimer type frontotemporal dementia, and dementia with Lewy bodies | moderate or severe | award SC if dementia manifested within 15 years after the TBI. |
| depression | moderate or severe | award SC if depression manifested within three years after the TBI. |
| mild | award SC if depression manifested within one year after the TBI. | |
| a disease of hormone deficiency that results from hypothalamo-pituitary changes (any condition in the endocrine system section of the rating schedule, 38 CFR 4.119, DCs 7900-7912, or any condition evaluated analogous to one of those conditions) | moderate or severe | award SC if the condition manifested within one year after the TBI. |
V.iii.12.B.3.f. Considerations When Establishing Secondary SC
When evaluating TBI-related secondary conditions, avoid pyramiding when considering the initial TBI evaluation and symptoms that are now associated with the five secondary conditions. Also, consider Notes (1) and (2) under 38 CFR 4.124a, DC 8045, while ensuring that the claimant receives the highest overall evaluation under the provisions of 38 CFR 4.25 (Combined Ratings Table).
Depending on the most advantageous combined evaluation, it is permissible to reduce an existing TBI evaluation as long as the overall evaluation of both TBI and the separate secondary SC condition is not reduced. Use the combinator tool in VBMS-R to determine the combined evaluation of TBI and the secondary SC condition. Thoroughly explain the decision in the Narrative section of the rating decision.
Use the table below to consider symptoms which apply to both TBI and the secondary conditions listed in 38 CFR 3.310(d).
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| If... | Then... |
|---|---|
| the symptoms associated with one of the five conditions were also used to provide the highest level of evaluation for any facet under 38 CFR 4.124a, DC 8045 | consider removing evaluation of the facet, and use the next highest-evaluated facet as the evaluation for the TBI residuals, as long as the symptoms of that facet are not used to establish SC for one of the five diagnosable conditions. |
| the same symptoms apply to both disabilities | evaluate the evidence and determine whether the symptoms can be entirely associated with one disability versus the other disability, and do not request an additional medical examination for this determination. If it is unclear, assume that the manifestations are not separable. |
| the same symptoms apply to both disabilities, and the symptoms are clearly associated with one disability versus the other disability | select the most advantageous option from the following: |
Reference: For more information on evaluating TBI residuals, see M21-1, Part V, Subpart iii, 12.B.2.b.
V.iii.12.B.3.g. Action When Evidence Shows a 38 CFR 3.310(d) Condition
Use the table below to determine how to proceed when evidence shows one of the five diagnosable conditions in 38 CFR 3.310(d).
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| If... | Then... |
|---|---|
| one of the five diagnosable conditions in 38 CFR 3.310(d) is identified in the evidence of record while processing a claim unrelated to SC TBI | a claim for that secondary condition must be invited. |
| evidence shows one of the five diagnosable conditions while evaluating a claim related to SC TBI | develop under normal claim processing procedures and make a determination on the secondary condition under the provisions of 38 CFR 3.310(d). |
V.iii.12.B.3.h. Determining Effective Dates for Secondary Conditions
The rule authorizing VA to establish the five secondary TBI-related conditions in 38 CFR 3.310 is effective January 16, 2014.
This rule will be applied to all cases pending before VA on or after January 16, 2014, and does constitute a liberalizing VA regulation under 38 U.S.C. 5110(g) and 38 CFR 3.114. Apply these principles when determining effective dates and retroactive benefits.
Reference: For more information on 38 CFR 3.114(a), see M21-1, Part V, Subpart ii, 4.A.6.