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    When a Veteran starts considering whether or not to file a VA Disability Claim, there are a lot of questions that he or she tends to ask. Over the last 10 years, the following are the 14 most common basic questions I am asked about ...
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  • Can a 100 percent Disabled Veteran Work and Earn an Income?

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    You’ve just been rated 100% disabled by the Veterans Affairs. After the excitement of finally having the rating you deserve wears off, you start asking questions. One of the first questions that you might ask is this: It’s a legitimate question – rare is the Veteran that finds themselves sitting on the couch eating bon-bons … Continue reading

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squareknotsailor

Tbi (8045) Rating System

Question

Hello:

I've read many documents here and elsewhere, and am confused. Does the VA assign a disability in 8045 based on the average of the three top facets of cognitive impairment, or just rate the single highest? If I am 40% in the Memory loss section, 40% in the Neurobehavior effects section, and 10%, in communication, do they average those top three and divide by 3? Assigning me 30%, or do they just take one of the highest, such as Neurobehavior effects at 40% and assign me 40%.

This is a great site with many amazing links.

thanks

joe

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3 answers to this question

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Hello:

I've read many documents here and elsewhere, and am confused. Does the VA assign a disability in 8045 based on the average of the three top facets of cognitive impairment, or just rate the single highest? If I am 40% in the Memory loss section, 40% in the Neurobehavior effects section, and 10%, in communication, do they average those top three and divide by 3? Assigning me 30%, or do they just take one of the highest, such as Neurobehavior effects at 40% and assign me 40%.

This is a great site with many amazing links.

thanks

joe

They just take the highest - given only the percentages you have indicated, the rating would be 40%. Under section 4.12a of 38CFR, it is stipulated that:

"The table titled “Evaluation of Cognitive Impairment and Other Residuals of TBI Not Otherwise Classified” contains 10 important facets of TBI related to cognitive impairment and subjective symptoms. It provides criteria for levels of impairment for each facet, as appropriate, ranging from 0 to 3, and a 5th level, the highest level of impairment, labeled “total.” However, not every facet has every level of severity. The Consciousness facet, for example, does not provide for an impairment level other than “total,” since any level of impaired consciousness would be totally disabling. Assign a 100-percent evaluation if “total” is the level of evaluation for one or more facets. If no facet is evaluated as “total,” assign the overall percentage evaluation based on the level of the highest facet as follows: 0 = 0 percent; 1 = 10 percent; 2 = 40 percent; and 3 = 70 percent. For example, assign a 70 percent evaluation if 3 is the highest level of evaluation for any facet."

Hope this helps.

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Thank-you for the information, and I appreciate your quick answer.

Joe

They just take the highest - given only the percentages you have indicated, the rating would be 40%. Under section 4.12a of 38CFR, it is stipulated that:

"The table titled "Evaluation of Cognitive Impairment and Other Residuals of TBI Not Otherwise Classified" contains 10 important facets of TBI related to cognitive impairment and subjective symptoms. It provides criteria for levels of impairment for each facet, as appropriate, ranging from 0 to 3, and a 5th level, the highest level of impairment, labeled "total." However, not every facet has every level of severity. The Consciousness facet, for example, does not provide for an impairment level other than "total," since any level of impaired consciousness would be totally disabling. Assign a 100-percent evaluation if "total" is the level of evaluation for one or more facets. If no facet is evaluated as "total," assign the overall percentage evaluation based on the level of the highest facet as follows: 0 = 0 percent; 1 = 10 percent; 2 = 40 percent; and 3 = 70 percent. For example, assign a 70 percent evaluation if 3 is the highest level of evaluation for any facet."

Hope this helps.

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