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Paralysis Agitans (Parkinson's Disease)VA disability rating & claim guide
The rating schedule calls it paralysis agitans, and DC 8004 prints a single line: minimum rating, 30 percent. That line is not the code's ladder. The paragraph that opens 38 CFR 4.124a says these diseases and their residuals may, with the exceptions noted, be rated from 10 to 100 percent in proportion to the impairment of motor, sensory, or mental function, naming tremors and disturbances of gait among what to consider, and the note printed under DC 8025 requires ascertainable residuals for the minimum. So an evaluation above 30 percent is built from the residuals, and 30 percent is the floor once a residual is shown. Part 3 gives Parkinson's disease three separate presumptions: as a chronic disease, for herbicide exposure, and for the Camp Lejeune water supply.
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How the VA rates Paralysis Agitans (Parkinson's Disease)
The VA rates Paralysis Agitans (Parkinson's Disease) under diagnostic code 8004, in 38 CFR § 4.124a (neurological conditions), and the schedule publishes a single evaluation under it: 30%.
DC 8004's entry has one criterion: minimum rating, 30 percent. It is not the code's ladder, and two passages of 38 CFR 4.124a say why. The first is the bracketed paragraph the section opens with: "[With the exceptions noted, disability from the following diseases and their residuals may be rated from 10 percent to 100 percent in proportion to the impairment of motor, sensory, or mental function. Consider especially psychotic manifestations, complete or partial loss of use of one or more extremities, speech disturbances, impairment of vision, disturbances of gait, tremors, visceral manifestations, etc., referring to the appropriate bodily system of the schedule. With partial loss of use of one or more extremities from neurological lesions, rate by comparison with the mild, moderate, severe, or complete paralysis of peripheral nerves]". The second is the note printed under DC 8025, which by its own words governs the minimum ratings for residuals under diagnostic codes 8000 through 8025: it is required for those minimum ratings that there be ascertainable residuals; residuals not capable of objective verification, which it identifies as headaches, dizziness and fatigability, must be approached on the basis of the diagnosis recorded, and subjective residuals will be accepted when consistent with the disease and not more likely attributable to other disease or no disease; and when ratings in excess of the prescribed minimum ratings are assigned, it is of exceptional importance that the diagnostic codes utilized as bases of evaluation be cited, in addition to the codes identifying the diagnoses. Read together, an evaluation of paralysis agitans (Parkinson's disease) above the minimum comes from its residuals, evaluated by reference to the body systems they affect, with the codes used cited. The 30 percent is the floor: the least the code assigns once a residual is ascertainable, and not a cap on what the residuals can reach. One general rule completes the picture. 38 CFR 4.31 says that where the schedule does not provide a zero percent evaluation for a code, a zero percent evaluation is assigned when the requirements for a compensable evaluation are not met. Under this code, that is the case where no ascertainable residual is shown.
- Diagnostic code
- 8004
- Rating schedule
- 38 CFR § 4.124a
- Ratings published
- 30%
How does the VA choose a rating level?
There is no higher or lower step inside this code: a rating decision either finds its criteria met or it does not. Where they are not met, 38 CFR § 4.31 assigns a 0% evaluation: service connection granted, at a level that does not pay.
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Small details. Better preparation.
Start with the practical tips, then explore the common oversights. You don’t need to work through everything at once.
Practical tips for your claim4 tips
- 01
List every residual on the claim by name, so each can be evaluated under the body system the section's opening paragraph points to.
- 02
When a decision goes above the minimum, check that it cites each diagnostic code it used. The note under DC 8025 calls that of exceptional importance.
- 03
For an arm or leg, ask for findings graded mild, moderate, severe or complete, the scale 38 CFR 4.124a says partial loss of use is compared against.
- 04
Name the presumption on the claim and cite it: 38 CFR 3.309(e) and 38 U.S.C. 1116 for herbicide exposure, 3.309(f) for Camp Lejeune, or 3.309(a) where the disease became manifest to a degree of 10 percent or more within a year of separation.
C&P exam pitfalls to keep in mind4 tips
- 01
The 30 percent read as a cap. It is the minimum. The section's opening paragraph says that, with the exceptions noted, these diseases and their residuals may be rated from 10 to 100 percent in proportion to impairment, and for Parkinson's disease anything above the minimum is assessed through the residuals.
- 02
An examination that records the diagnosis but not the residuals. The minimum itself requires ascertainable residuals, and every percentage above it comes from them.
- 03
Symptoms set aside because they cannot be objectively verified. The note under DC 8025 says fatigability, dizziness and headaches are approached on the basis of the diagnosis recorded.
- 04
A decision above the minimum that does not cite the codes it used. The note calls it of exceptional importance that the diagnostic codes used as bases of evaluation be cited alongside the code for the diagnosis, which is also how a veteran can check that each residual was evaluated.
Common filing mistakes4 tips
- 01
Treating 30 percent as the most this code can pay. Above the minimum, the schedule rates these diseases through their residuals, in proportion to the impairment.
- 02
Claiming only the diagnosis. An evaluation above the minimum is built from the residuals, so name each one and put the records of it in the file.
- 03
Leaving out residuals that belong to other body systems. The section's opening paragraph names impairment of vision, speech disturbances, psychotic manifestations and visceral manifestations, and tells the rater to refer to the appropriate bodily system for each.
- 04
Assuming the herbicide presumption reaches only Vietnam. The regulation names Vietnam, the Korean DMZ and C-123 aircraft, but 38 U.S.C. 1116(d) also covers a U.S. or Royal Thai base in Thailand; Laos; Mimot or Krek in Cambodia; Guam or American Samoa or their territorial waters; and Johnston Atoll or a ship that called there, each for set dates.
When symptoms may first appear2 tips
- 01
The schedule states no course of onset for this code.
- 02
The chronic-disease presumption asks for the disease to become manifest to a degree of 10 percent or more within one year of separation (38 CFR 3.307(a)(3)). The herbicide and Camp Lejeune presumptions set no window: 3.307(a)(6)(ii) and (a)(7)(ii) accept manifestation to that degree at any time after service.
LET’S CLEAR A FEW THINGS UP
Common questions about Paralysis Agitans (Parkinson's Disease)
Is Paralysis Agitans (Parkinson's Disease) a VA-rated disability?
Yes. The VA rates Paralysis Agitans (Parkinson's Disease) under VASRD diagnostic code 8004 (Neurological Conditions). The rating schedule calls it paralysis agitans, and DC 8004 prints a single line: minimum rating, 30 percent. That line is not the code's ladder. The paragraph that opens 38 CFR 4.124a says these disea…
What VA disability rating can I get for Paralysis Agitans (Parkinson's Disease)?
Possible VA ratings for Paralysis Agitans (Parkinson's Disease) are 30%. Examples: 30%: The least this code assigns once a residual is ascertainable, and not a cap. An evaluation above it is assigned under the codes of the residuals, which the note under DC 8025 says should be cited..
What evidence helps prove Paralysis Agitans (Parkinson's Disease) for VA disability?
Strong evidence for a Paralysis Agitans (Parkinson's Disease) claim includes: A record of every residual, named and described. The section's opening paragraph lists what to consider: motor, sensory and mental function, loss of use of an extremity, speech, vision, gait, tremors and visceral manifestations. Each one fou…
What mistakes should veterans avoid when claiming Paralysis Agitans (Parkinson's Disease)?
Common pitfalls when filing for Paralysis Agitans (Parkinson's Disease): Treating 30 percent as the most this code can pay. Above the minimum, the schedule rates these diseases through their residuals, in proportion to the impairment.; Claiming only the diagnosis. An evaluation above the minimum is built from the resi…
Is Paralysis Agitans (Parkinson's Disease) a presumptive condition for VA benefits?
Yes, Paralysis Agitans (Parkinson's Disease) is recognized as a presumptive condition. There are three, under two names. 38 CFR 3.309(e) lists "Parkinson's disease" among the diseases associated with herbicide agents, and under 3.307(a)(6)(ii) it may become manifest to a degree of 10 percent or more at any time after…
Does the Agent Orange presumption for Parkinson's cover service outside Vietnam?
Yes, and this is where the regulation and the statute disagree. The regulation's exposure paragraph, 38 CFR 3.307(a)(6), names service in Vietnam from January 9, 1962 to May 7, 1975, which it defines to include the waters offshore (the ground 38 U.S.C. 1116A also covers); from April 1, 1968 to August 31, 1971 in a unit that, as determined by the Department of Defense, operated in or near the Korean DMZ in an area where herbicides are known to have been applied, and on C-123 aircraft. The statute reaches further. 38 U.S.C. 1116(d) defines covered service to include Thailand at any United States or Royal Thai base from January 9, 1962 to June 30, 1976, without regard to where on the base the veteran was or what job they did; Laos from December 1, 1965 to September 30, 1969; Cambodia at Mimot or Krek, Kampong Cham Province, from April 16 to April 30, 1969; and Guam or American Samoa or their territorial waters from January 9, 1962 to July 31, 1980, or Johnston Atoll or a ship that called there from January 1, 1972 to September 30, 1977. And 38 U.S.C. 1116B starts the Korean DMZ period on September 1, 1967, not April 1, 1968. Under 38 CFR 3.307(a)(1), any period of service is sufficient for the herbicide presumption.
Why does my rating decision say paralysis agitans?
Because that is the rating schedule's name for it. DC 8004 is titled paralysis agitans, and the regulation uses two names: 38 CFR 3.309(a)'s chronic-disease list says paralysis agitans, while the herbicide list in 3.309(e) and the Camp Lejeune list in 3.309(f) say Parkinson's disease. Separately, the statute's own herbicide list, 38 U.S.C. 1116(a)(2), names parkinsonism. The code prints a 30 percent minimum, and the paragraph that opens 38 CFR 4.124a names tremors and disturbances of gait among what to consider when an evaluation above it is built from the residuals.
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Official sources
- 38 CFR § 4.124a, Schedule of ratings, neurological conditions (Diagnostic Code 8004)
- 38 CFR § 4.31, zero percent evaluations
Rating criteria on this page are an educational summary of the cited regulation. The eCFR text is authoritative. See how Vetrify derives its numbers.
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