Rating questions

Your residuals—attention, memory, and psychomotor deficits—are likely rated under the Mental Disorders schedule (38 CFR § 4.130) using diagnostic code 9305 for residuals of traumatic brain injury (TBI) or, less commonly, under neurological codes for organic mental disorders. The neuropsychology results placing you below the 20th percentile are critical evidence. Under DC 9305, a 20% rating requires "objective evidence on testing" of deficits, but your severe percentile scores may support a 40%, 70%, or even 100% rating depending on the occupational and social impairment described (e.g., "deficits in most areas such as work, school, family relations" or "total occupational and social impairment"). Per *DeLuca v. Brown*, the VA must consider your functional impairment during flare-ups or over time, not just at testing. Your actionable next steps are to: 1) Ensure all neuropsychology reports and surgical records are formally submitted, explicitly linking residuals to the tumor removal; 2) Obtain a detailed Nexus and/or DBQ from your neurologist or neuropsychologist opining on the severity of functional impairment in daily life; and 3) File for an increased rating if currently underrated or, if this is an initial claim, submit a fully developed claim with this evidence. Monitor for pyramiding issues (38 CFR § 4.14) as you cannot be separately rated for overlapping mental and neurological symptoms.

*This information is for educational purposes only and does not constitute legal or medical advice.*