Neurocognitive Disorder Due to HIV or Other Infections — VA Disability Rating Criteria (DC 9301)
Diagnostic Code 9301 · 38 CFR §4.130
What Is It?
DC 9301 covers major or mild neurocognitive disorder caused by HIV disease or other infections. This includes cognitive decline resulting from HIV-associated neurocognitive disorder (HAND), neurosyphilis, Lyme neuroborreliosis, viral encephalitis, and other infectious processes affecting the central nervous system. For veterans, the most common service-connected causes involve toxic exposures (Agent Orange, burn pits, industrial chemicals), vascular disease secondary to service-connected hypertension, and neurological complications of service-connected infections. The condition involves decline in cognitive functions such as memory, attention, executive function, language, or perceptual-motor ability. The VA rates it under the General Rating Formula for Mental Disorders.
Rating Criteria
| Rating | Criteria |
|---|---|
| 100% | Total occupational and social impairment with severe cognitive decline, disorientation to time or place, inability to perform daily activities, memory loss for personal information, and need for constant supervision. |
| 70% | Deficiencies in most areas due to significant cognitive decline. May include disorientation, inability to manage finances or medications independently, near-continuous anxiety or depression, and neglect of self-care. |
| 50% | Reduced reliability and productivity due to moderate cognitive decline affecting complex task completion, judgment, and ability to maintain effective relationships. |
| 30% | Occasional decrease in work efficiency due to mild memory loss, difficulty concentrating, depressed mood about cognitive decline, or sleep problems. |
| 10% | Mild cognitive decline that decreases work efficiency only during periods of significant stress, or symptoms managed by compensatory strategies. |
| 0% | A diagnosis exists but cognitive symptoms do not impair occupational or social functioning. |
Evidence Needed
A neuropsychological evaluation documenting cognitive decline compared to prior functioning is the strongest evidence. A diagnosis identifying the underlying physiological cause is important. Medical records linking the physiological cause to military service — such as toxic exposure records, treatment records for the underlying condition, or service treatment records — establish nexus. Brain imaging showing relevant changes can support the claim. Buddy statements from family describing cognitive decline in daily functioning are valuable.
C&P Exam Tips
Describe specific cognitive problems: memory difficulties, trouble finding words, difficulty planning or organizing tasks, getting lost in familiar places, trouble with previously routine tasks. Provide concrete examples of how these problems affect daily life. If you were previously able to manage finances, drive without getting lost, or follow conversations easily and can no longer do so, explain that. Describe the timeline of cognitive decline and its relationship to the underlying medical condition. If neuropsychological testing has been done, reference those findings.
How to File
File on VA Form 21-526EZ with DC 9301. Submit neuropsychological testing results, neurological evaluations, and records documenting the underlying medical cause. If the cause is a service-connected condition, include that claim number. If related to toxic exposure, submit deployment records, unit histories, and any toxic exposure registry enrollment. A nexus letter connecting cognitive decline to the service-connected physiological condition is essential.
Common Mistakes
Not obtaining neuropsychological testing is a significant missed opportunity — these objective tests provide strong evidence of cognitive decline. Another mistake is attributing cognitive problems to normal aging without exploring service-connected causes. Not establishing the connection between the underlying physiological condition and service weakens the claim. Failing to document the progression of cognitive decline over time makes it harder to demonstrate the severity.
Frequently Asked Questions
How is DC 9301 different from DC 9304?
DC 9304 is specifically for neurocognitive disorder caused by traumatic brain injury. DC 9301 covers neurocognitive disorder from all other physiological causes — vascular disease, toxic exposure, infections, and other medical conditions. The rating criteria are the same.
Can I file this secondary to Agent Orange or burn pit exposure?
Yes. If toxic exposure during service caused or contributed to neurocognitive decline, DC 9301 may apply. You will need medical evidence linking the cognitive impairment to the specific exposure and documentation of the exposure itself.