What this page is. This is 38 CFR 4.130, the General Rating Formula for Mental Disorders
— the rule VA uses to rate PTSD, depression, anxiety, and most other mental health conditions. I am
only covering the 50%, 70%, and 100% levels here. This page is for the veteran, and for the Family member
or caregiver trying to understand what a rating means.
This is still the rule VA uses today. The wording hasn't changed since 1996; the section was last
updated in 2014 to match the DSM-5 (the diagnostic manual VA and mental health providers use). A 2022
proposal to score mental health claims a different way was never finalized. It is not the law.
50%
Reduced Reliability and Productivity
38 CFR 4.130, quoted exactly.
"Occupational and social impairment with reduced reliability and productivity due
to such symptoms as: flattened affect; circumstantial, circumlocutory, or stereotyped speech; panic
attacks more than once a week; difficulty in understanding complex commands; impairment of short- and
long-term memory (e.g., retention of only highly learned material, forgetting to complete tasks);
impaired judgment; impaired abstract thinking; disturbances of motivation and mood; difficulty in
establishing and maintaining effective work and social relationships."
★ Flattened affect is its own example — it doesn't have to come with abnormal speech too.
70%
Deficiencies in Most Areas
38 CFR 4.130 — some of the examples, quoted exactly.
"Occupational and social impairment, with deficiencies in most areas, such as work,
school, family relations, judgment, thinking, or mood, due to such symptoms as:"
- "obsessional rituals which interfere with routine activities"
- "near-continuous panic or depression affecting the ability to function independently, appropriately and effectively"
- "impaired impulse control (such as unprovoked irritability with periods of violence)"
- "difficulty in adapting to stressful circumstances (including work or a worklike setting)"
- "inability to establish and maintain effective relationships"
★ This isn't the full list. Read every example at eCFR — a symptom not shown here can still count.
100%
Total Occupational and Social Impairment
38 CFR 4.130, quoted exactly.
"Total occupational and social impairment, due to such symptoms as: gross impairment
in thought processes or communication; persistent delusions or hallucinations; grossly inappropriate
behavior; persistent danger of hurting self or others; intermittent inability to perform activities of
daily living (including maintenance of minimal personal hygiene); disorientation to time or place;
memory loss for names of close relatives, own occupation, or own name."
★ This is the top of the schedule. It isn't the only way to get paid at the 100% rate — see TDIU below.
Know This
The List Is Examples, Not a Checklist
The symptoms listed are examples, not a checklist — you don't have to show every one
(Mauerhan v. Principi). But symptoms alone aren't enough: you also have to show that your symptoms
produced the level of work and social impairment that tier describes, and any symptom you rely on that
isn't on the list has to be comparable in severity, frequency, and duration (Vazquez-Claudio v. Shinseki).
★ Bring proof of both: the symptoms, and what they cost you at work and at home.
The Rules Behind The Rating
How VA Weighs the Evidence
- 38 CFR 4.126(a) — VA rates you on the level of impairment shown by all the evidence:
frequency, severity, duration, how long your remissions last, how well you adjust during them. Not
just how you looked on the day of your C&P exam (the one-time evaluation VA schedules to assess
your condition). A good day at that exam shouldn't cost you your rating.
- 38 CFR 4.126(b) — your social impairment counts, but it can't be the only reason VA
picks your rating.
- 38 CFR 4.7 — if your case sits between two rating levels, VA has to give you the
higher one when your picture more nearly matches it. This is the rule that wins close 30-vs-50 and
50-vs-70 calls.
★ Know these numbers. They decide the close cases.
TDIU
Can't Hold a Job? Ask About TDIU
TDIU is Total Disability based on Individual Unemployability.
If you can't secure and follow substantially gainful work because of a service-connected disability,
VA can pay you at the 100% rate without you meeting the 100% criteria above.
- 38 CFR 4.16(a) — you qualify on the numbers alone with one disability rated 60% or
more, or a combined 70% with at least one disability rated 40% or more.
- 38 CFR 4.16(b) — if you don't meet those numbers, you can still get TDIU. It is VA
policy that every veteran unable to secure and follow substantially gainful work because of a
service-connected disability is entitled to a total rating. The rating board is required to send your
case to the Director, Compensation Service, for review outside the normal rating chart (called
"extraschedular" consideration). Ask for it in writing.
- Marginal employment — generally earnings at or below the Census Bureau poverty threshold
— does not count as substantially gainful. It does not disqualify you.
★ A Soldier rated 70% for PTSD who can't work and never files for TDIU loses real money every month.
Fresh Out
Mental Health Condition Started In Service?
38 CFR 4.129 — if a mental disorder that developed in service from a highly stressful
event was severe enough to cause your release from active duty, VA has to assign not less than 50
percent, and schedule your re-examination within six months of discharge.
★ Know this number if you're within your first year out.
Also Know
What's Not On This Page
- The 0%, 10%, and 30% levels of this same rule aren't covered here — they're in the same
regulation, at the same eCFR link above.
- Anorexia nervosa and bulimia are rated under a different rule entirely — the General Rating
Formula for Eating Disorders, not this one.
- Disagree with your rating? A Supplemental Claim (you refile with new evidence) has no deadline.
A Higher-Level Review (a senior reviewer looks again for error) or a Board Appeal (you take your case
to the Board of Veterans' Appeals) both have to be filed within one year of the decision you're
appealing.
★ Know your deadline before you pick your appeal path.