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By Julia Bradley 27 Apr, 2023
Can I Increase My VA Disability Rating?
Attorney Chris Chamber's, blog post entitled
By Chambers Law 07 Mar, 2022
So, your claim was denied. Now what? If your claim was denied and you received a denial letter, there are 3 possible reasons why your claim can be denied by the Veterans Administration office. And, there are also 3 ways to respond. You will be rejected if you do not provide enough proof of your medical condition being related to your time in the military. It is also possible that the VA made a mistake that can easily be fixed. Common mistakes are confused service numbers or someone with a similar or exact name. If the VA has set up a C&P examination for you It’s really important to go. Contact the VA immediately if you have to reschedule your Compensation and Pension Examination. If you missed your C&P Exam you could lose your claim because the VA might believe that you no longer want to pursue your benefits. If you missed your C&P exam, call them right away to reschedule. In response to the letter you can request a higher review, submit additional supporting evidence or request hear with the VA Board Board.
28 Feb, 2022
Service-related disabilities can make it hard for a veteran to keep steady work. Through VA Form 21-8940 , they may be able to apply for more benefits. This is based on their individual unemployability (IU).
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The Top Three Questions About VA Disability


Are you wondering if you qualify for VA disability compensation? If you or a loved one are interested in applying for this benefit, today’s article is for you. Our experts review the 3 most commonly asked questions about VA disability.


1. What is VA disability compensation?

Sometimes also called “VA disability”, VA disability compensation is a monthly tax-free payment for injuries sustained as a direct result of serving in the military [1]. You can also file for benefits if your time in service made an existing condition worse.



Both physical and mental health conditions can make a veteran qualify for VA benefits, but every case is evaluated individually. As of the 2021 VA disability compensation report, more than 5.2 million veterans and 460,000+ survivors receive monthly payments [2]. If you are a veteran with any physical or mental condition, you might also be able to claim compensation.


2. What is the easiest disability to claim for VA?

As we mentioned above, every claim is studied on a case-by-case basis. Nevertheless, we have access to regular reports from the Veteran Benefits Administration on the VA disability compensation program [2]. This report can give insight into the types of disabilities most often accepted by the program.

So, which is the easiest (or most popular) VA disability claim? It’s Tinnitus.


More than half of the beneficiaries claim tinnitus among their disabilities. On the flip side, Tinnitus only has a 10% VA rating, and not more. This means that although more than 90% of veterans can claim it, their benefits with only Tinnitus are quite slim. Are you wondering if you have it?


Tinnitus is a complex thing, but it mostly involves hearing specific sounds when there is no external source present. Many people with tinnitus complain about persistent clicking, buzzing, hissing, humming or ringing as “phantom noises”.


Among veterans, Tinnitus is often a symptom of other conditions. Legally speaking, tinnitus is a “secondary disability” since it can make life more difficult, but appears as a response to other issues such as depression, anxiety, PTSD, head/neck injuries, high blood pressure, hearing loss and many others.


3. What are the top 10 VA disability claims?

The most common VA disability claims aren’t necessarily the “easiest” to claim, but rather the ones most current veterans have been able to prove and get compensation for. Keep in mind most times veterans claim several disabilities at the same time:


Tinnitus

As mentioned above, this is the hearing of phantom noises without external sources. Unfortunately, patients with tinnitus are more likely to suffer from depression and anxiety compared to other types of hearing loss. VA ratings rate tinnitus between 0 and 10%.



Limitation of flexion in the knee

When veterans have knee pain, this is often accompanied by a loss of mobility. If this is your case, you might be able to file for this common VA disability claim. The highest rating for this condition, according to the VA program, will show recurrent subluxation or instability, ligament tears and permanent use of assistive devices (cane, walker, crutches…). The VA rating for “limitation of flexion in the knee” ranges from 0 to 30%, but if you’re found to have knee ankylosis (a more advanced diagnosis) it can reach up to 60% rating.


PRO TIP: If you feel pain at any point when flexing your knee, the VA is legally obliged to compensate for at least the minimum for the condition, which in this case is 10%



Hearing loss

Depending on the cause and the specific systems involved, hearing loss can get you a VA rating for up to 90%, although many veterans are ranked at only 10% (the minimum). Unfortunately, if you’ve been out of the military for more than a year when you’re evaluated, it’s very difficult to get rated above 0% for hearing loss.



PTSD (Post-traumatic Stress Disorder)

This is a mental health claim triggered by a stressor event of any kind. The symptoms of PTSD are diverse and range from mild to severe depending on the level of impact on your occupational/social life. Veterans can be awarded up to 100% disability rating, although most veterans score around 70%.


PRO TIP: If you don’t know if your stressor event is strong enough to file a PTSD claim, ask yourself if you feared for your life. If yes, it’s good enough to demand services and compensation.


Lumbosacral or cervical strain

It’s one of the most common physical complaints among veterans, so it’s not a wonder it scores relatively high in the list. Neck pain can get you a VA rating of up to 50%. Following the same “Painful motion” principle we mentioned before, if you have pain during flexion or extension, the VA is required to offer compensation.



Paralysis of the sciatic nerve

The sciatica is a nerve that goes from the lower back to the foot, on both legs. Damage to this nerve often happens due to herniated disks or having a car accident. Some numbness and pain is expected if you have this condition. Depending on the gravity of your pain, paralysis of the sciatica nerve VA ratings can go from 10% (mild) to 80% (complete paralysis, no movement below the knee).


PRO TIP: When you get tested, the doctor will perform a Range of Motion test. Let them know as soon as you feel pain to avoid making the condition worse!


Scars (general)

VA offers compensation for scars because this tissue generally presents a limited range of motion or distortion of features, which can lead to impaired occupational or social life. Although the average VA rating for scars is 10%, you can get up to 80% depending on the severity.


Limitation of motion of the ankle

Similar to limited motion of the knee, the ankle can also greatly affect your life after service if you’ve lost range of motion or have pain. The highest VA rating you can get for ankle pain is 20%


Limitation of motion of the arm

Depending on your current range of motion and the pain during movement, this disability can get you a rating of up to 40%, with most veterans reporting only 10%.


Chronic migraine

his goes beyond a simple headache, and includes a strong pulsing/throbbing feeling, nausea and sensitivity to light or sound. According to their frequency and severity, migraines have a VA rating of up to 50%.


PRO TIP: When you’re describing your migraines, make sure to mention if they make you stay in bed or lay down to calm them down (even after taking medicine). “Prostrating” migraines have the highest VA rating.



What conditions automatically qualify you for VA disability?

There is no condition that, on its own, will automatically qualify you for VA disability. Nevertheless, if you have proof any mental or physical condition is linked to your time in service, getting VA disability is a relatively straightforward process.


Keep in mind that veterans can claim multiple disabilities at the same time, and the average for most is between 5 and 7 disabilities. So, in general, it’s best to do a round up of all your conditions and let your Rating Authorities know.


Here are some of the conditions that easily qualify you for VA disability:


  • Scars: These are impossible to question, so you either have them or not. Depending on number and location, you can get up to 80% rating.


  • Mental health conditions: Although they are harder to prove, once you have an official diagnosis they are considered a “high-value claim” and most veterans get a rating of at least 30%.


Finally, although it’s not a specific condition, the VA follows the Painful Motion principle. It’s a legal principle that is meant to protect veterans: regardless of actual loss of function, if a given joint hurts when you move, the Rating Authorities are required to assign at minimum the lowest compensable rating [3].

 

We know filing a VA claim can feel like a lot, especially if you’re already juggling life and medical conditions. If you have questions, our teams would be happy to help out!

 

References

1.  Veteran Affairs. VA disability compensation. Available here.

2.  Veteran Affairs. Benefits: VA disability compensation 2021 report. Available here.

3.  Veteran Affairs. M21-1, Part V, Subpart iii, Chapter 1, Section A - Painful Motion and Functional Loss. Available here.


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