Educational use only. Not legal or medical advice. Read 38 CFR §4.124a on eCFR
Diagnostic Code
8728
CFR Section
§4.124a — Neurological & Convulsive Disorders

Rated Under Formula

This condition is rated using the §4.124a general rating formula.

3%

Objective evidence on testing of moderate impairment of memory, attention, concentration, or executive functions resulting in moderate functional impairment. | Moderately severely impaired judgment. For even routine and familiar decisions, occasionally unable to identify, understand, and weigh the alternatives, understand the consequences of choices, and make a reasonable decision. | Social interaction is inappropriate most or all of the time. | Often disoriented to two or more of the four aspects (person, time, place, situation) of orientation. | Motor activity moderately decreased due to apraxia. | Moderately severely impaired. Gets lost even in familiar surroundings, unable to use assistive devices such as GPS (global positioning system). | One or more neurobehavioral effects that interfere with or preclude workplace interaction, social interaction, or both on most days or that occasionally require supervision for safety of self or others. | Inability to communicate either by spoken language, written language, or both, at least half of the time but not all of the time, or to comprehend spoken language, written language, or both, at least half of the time but not all of the time. May rely on gestures or other alternative modes of communication. Able to communicate basic needs.

2%

Objective evidence on testing of mild impairment of memory, attention, concentration, or executive functions resulting in mild functional impairment. | Moderately impaired judgment. For complex or unfamiliar decisions, usually unable to identify, understand, and weigh the alternatives, understand the consequences of choices, and make a reasonable decision, although has little difficulty with simple decisions. | Social interaction is frequently inappropriate. | Occasionally disoriented to two of the four aspects (person, time, place, situation) of orientation or often disoriented to one aspect of orientation. | Motor activity mildly decreased or with moderate slowing due to apraxia. | Moderately impaired. Usually gets lost in unfamiliar surroundings, has difficulty reading maps, following directions, and judging distance. Has difficulty using assistive devices such as GPS (global positioning system). | Three or more subjective symptoms that moderately interfere with work; instrumental activities of daily living; or work, family, or other close relationships. Examples of findings that might be seen at this level of impairment are: marked fatigability, blurred or double vision, headaches requiring rest periods during most days. | One or more neurobehavioral effects that frequently interfere with workplace interaction, social interaction, or both but do not preclude them. | Inability to communicate either by spoken language, written language, or both, more than occasionally but less than half of the time, or to comprehend spoken language, written language, or both, more than occasionally but less than half of the time. Can generally communicate complex ideas.

1%

A complaint of mild loss of memory (such as having difficulty following a conversation, recalling recent conversations, remembering names of new acquaintances, or finding words, or often misplacing items), attention, concentration, or executive functions, but without objective evidence on testing. | Mildly impaired judgment. For complex or unfamiliar decisions, occasionally unable to identify, understand, and weigh the alternatives, understand the consequences of choices, and make a reasonable decision. | Social interaction is occasionally inappropriate. | Occasionally disoriented to one of the four aspects (person, time, place, situation) of orientation. | Motor activity normal most of the time, but mildly slowed at times due to apraxia (inability to perform previously learned motor activities, despite normal motor function). | Mildly impaired. Occasionally gets lost in unfamiliar surroundings, has difficulty reading maps or following directions. Is able to use assistive devices such as GPS (global positioning system). | Three or more subjective symptoms that mildly interfere with work; instrumental activities of daily living; or work, family, or other close relationships. Examples of findings that might be seen at this level of impairment are: intermittent dizziness, daily mild to moderate headaches, tinnitus, frequent insomnia, hypersensitivity to sound, hypersensitivity to light. | One or more neurobehavioral effects that occasionally interfere with workplace interaction, social interaction, or both but do not preclude them. | Comprehension or expression, or both, of either spoken language or written language is only occasionally impaired. Can communicate complex ideas.

What Raters Look For

Based on M21-1 adjudication criteria for Neurological & Convulsive Disorders conditions. These are the factors a VA rater evaluates when assigning a rating percentage.

M21-1 III.iv.4.M
  • •Seizure type, frequency, and duration — documented seizure logs or medical records
  • •Whether seizures occur during the day or at night (impacts driving, employment)
  • •Motor deficits: strength testing, coordination, gait abnormalities
  • •Sensory deficits: numbness, tingling, loss of sensation in documented distribution
  • •Cognitive testing results if TBI or dementia is involved
  • •Headache frequency, severity, and duration (from Veteran's statement and treatment records)
  • •Medication compliance — raters note whether the Veteran is on appropriate treatment
NoteFor seizure disorders, the count of major seizures (grand mal / tonic-clonic) in the past year is the primary rating driver. Documenting every episode — including witness accounts — matters.