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Department of Veteran Affairs (VA) disability ratings that don’t reflect a veteran’s true degree of disability are a frequent complaint across a wide variety of conditions. Sometimes, the ratings are inaccurate because the veteran’s condition has grown worse; other times, the VA assigned a wrong rating in the first place.
Getting your VA disability rating changed to accurately reflect your condition and limitations can be a frustrating process that feels like an uphill battle. The complicated and slow government bureaucracy doesn’t make it easy for veterans to get the benefits they deserve, which is why it’s important to contact an experienced veterans disability lawyer if you believe your VA rating isn’t accurate.
In this article, our veterans disability lawyers explain how VA disability ratings work and what your options are to increase your VA rating.
If you apply and receive approval for VA service-connected disability benefits, the Department of Veterans Affairs (VA) will assign you a disability rating based on their estimation of the severity of your condition.
VA ratings fall on a scale from 0 to 100 percent disability, in increments of 10 percent. Any veteran who has a rating from 10 to 100 percent qualifies for monthly compensation in the form of VA disability benefits.
The VA rating is based on three different factors, according to the VA:
The VA uses strict guidelines for determining disability ratings. Very often, this results in VA disability ratings that seem far too low considering the degree of impairment.
So, what can you do if you’re one of the many veterans who received an inaccurate VA disability rating that is too low? In that case, you have several options, which we’ll explain in the following sections.
If you believe the VA made an error when they assessed your rating, you can file an appeal up to one year from the date of the VA’s initial decision.
As examples of errors that would provide grounds for appeal, maybe the VA denied that your disability is service-connected, or they applied a lower rating than you deserve according to the disability benefits formula.
There are three potential “lanes” in the VA appeals process:
In all three lanes, the appeal process can be complex and challenging. If you want the best chance for a good outcome, it’s important to work with an experienced attorney who can guide you through the process.
If your condition has gotten worse and your VA rating no longer reflects your current disability, and if the one-year window to file an appeal of the initial rating has passed, then you can file a new claim to try and achieve a higher disability rating and increased disability compensation.
When you file this claim (by either applying online or filing VA Form 21-526EZ either by mail or in person at your VA regional office), the VA will treat it just like any other claim, so you are essentially starting over with the VA disability benefits process. When you submit your new claim, you can include new documentation and medical evidence to show that your disability has gotten worse and make the case that your rating should be higher.
Since the VA will treat this as an entirely new claim, you may have to undergo a new C&P exam. If you fail to attend this exam, the VA can deny benefits, so make sure you follow up on any exam requests from the VA. You may also want to schedule your own private medical exam to build evidence that will support your claim.
RELATED POST: Was Your VA Disability Claim Denied? Here’s What You Should Do Next
Many veterans have multiple related conditions that might qualify for a VA disability rating. Many disabling conditions also lead to secondary conditions. For example, people with neck problems often develop symptoms in their shoulders and arms as well.
If you submit a claim for a disability with a secondary service connection, the VA will rate that claim separately and then combine it with the rating for your primary condition. As long as the primary disability is service-connected, the VA will award disability benefits for a secondary condition that developed because of the primary one – even if the secondary condition didn’t develop until after you left the service.
Keep in mind that the VA’s math when combining multiple disabilities into a single rating is very confusing. For example, if you had a service-connected back injury with a disability rating of 20% and sleep apnea with a disability rating of 50%, you might think the combined disability would be 70% (50+20). But that’s not correct – the combined rating would be 60%.
Why? Because the VA doesn’t simply add the ratings of multiple disabilities together. Instead, your disabilities will be ordered from highest VA rating to lowest and then multiplied against each other to reach a combined overall rating.
The VA’s confusing math process also means that if you don’t have any one disability that has a 100% rating, then you will need a combined rating of 95% or higher to round up to 100%.
For many veterans with service-connected disabilities, filing a for total disability based on individual unemployability may be the best option when the VA’s disability rating doesn’t match the reality of their condition.
If you can prove to the VA that your service-connected disability prevents you from obtaining or keeping gainful employment, then TDIU can provides VA disability compensation benefits at 100% rating – even if the combined rating for all your VA disability claims doesn’t add up to 100 percent.
The VA defines gainful employment as a job that pays above the federal poverty guideline. Marginal employment and protected work environments (such as jobs specifically created to provide employment to individuals with severe disabilities) don’t count as substantially gainful employment.
To be eligible for TDIU, you must have either:
Whether you are Army Strong, one of The Few and the Proud, Not for Self but Country, you Aim High, or are Always Ready, you have represented the colors of this great nation. No matter old or young, this country owes you a debt—especially if you have physical lasting effects of your time in service. Your benefits may only be a few forms away.
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Do you want to learn more about the appeal process? Order a free copy of my book “Fight the VA and Win”
Not every disabled veteran can qualify for VA benefits. To file a successful claim and receive VA compensation, you will need to prove to the VA that your disability was the result of an injury, illness, or other event that occurred during your service.
To prove that your disability is connected to you service, you must provide evidence that shows:
Filing a VA disability claim can feel frustrating, confusing, and downright unfair. The resources made available to veterans aren’t nearly enough to help them navigate the complex claims process on their own. And after you’ve filed a claim, you could wait months or even years to get a final result, especially if you need to appeal the initial decision.
You don’t have to go through this process by yourself. An experienced attorney can serve as your guide and help you through the process. A good VA attorney will not only know how to handle all the details, evidence, and potential strategies involved in a successful VA claim, but they’ll also care about your well-being, treat you with compassion, and make sure you understand exactly what’s going on with your claim at all times.
Attorney Karl Truman and his team are fierce advocates for disabled veterans. Karl served for 28 years in the Army Reserves, retiring as Lieutenant Colonel.
These cases are personal for us. We understand the struggles that veterans and their loved ones face and the frustration of dealing with the VA. You served your country honorably, and you shouldn’t have to fight so hard to get the benefits you deserve.
Whether you need help filing your disability claim with the VA or you’ve just received a ruling you disagree with and are considering your options, contact our team today or call us at (502) 222-2222. Our VA disability attorneys are happy to provide a free case evaluation, discuss your legal options, and advise you on your next steps.
The content provided here is for informational purposes only and should not be construed as legal advice on any subject.
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