Body system: Neurological Conditions and Convulsive DisordersRegulation: 38 CFR § 4.124aDBQ: DBQ NEURO Central Nervous System and Neuromuscular Diseases
DC 8002 covers malignant (cancerous) new growths of the brain. The VA rates DC 8002 at 100% during active malignant disease, with a 30% minimum rating that protects you from a lower evaluation. Per the CFR Note, the 100% rating continues for 2 years after the last surgical, chemotherapeutic, or other treatment ends. At the 2-year mark, if the residuals have stabilized, the rating is shifted to neurological residuals according to symptomatology (rated under the appropriate diagnostic codes in 38 CFR § 4.124a, for example, seizures, paralysis, cognitive impairment, or cranial nerve damage), with the 30% minimum rating preserved as a floor.
Rating levels
- 100% — A malignant neurological condition means you have cancer that has developed in your brain, spinal cord, or nervous system. This type of cancer is aggressive and spreads to other parts of the body, causing severe impairment to your neurological functions like movement, thinking, or basic bodily functions.
- 30% — This is the minimum rating given for any malignant (cancerous) neurological condition. Any veteran with a cancerous tumor or cancer affecting the brain, spinal cord, or nervous system automatically qualifies for at least this rating level, regardless of current symptoms or how mild the condition may appear.
- -1% — The 100% rating under DC 8002 does NOT end the moment cancer treatment finishes. It continues automatically for 2 years after the last surgical, chemotherapeutic, or other treatment ends (whichever is later). At the 2-year mark, VA examines whether the residuals have stabilized. If yes, the rating is shifted away from the 100% malignant-disease rating and onto a residuals-based rating: the remaining neurological deficits (seizures rated under DC 8910/8911, paralysis under DCs 8520-8730, cognitive impairment under DC 8045 / § 4.130, cranial nerve damage under DCs 8205-8412, etc.) are rated according to their symptomatology, with the 30% minimum rating from DC 8002 preserved as a floor. If residuals have NOT stabilized at 2 years (active disease, ongoing treatment, recurrence), the 100% continues. Any reduction after the 2-year window is subject to 38 CFR § 3.105(e) (advance notice and § 3.344 stabilization rules).