Does VA Math Ever Help You Get a Higher VA Rating?
Many veterans have multiple disabilities as a result of their military service. Unfortunately, VA math for combined ratings often punishes these veterans since the combined rating that they receive is almost always less than the sum of their individual ratings.
But, one part of VA’s rules allows veterans to actually use math in their favor. TDIU is an area where VA recognizes that a veteran may be entitled to a 100 percent disability rating even though their individual ratings do not add up to 100 percent. In this article, I will talk a little bit about why VA does that in TDIU claims.
Why does VA assign the ratings that they do?
VA uses a part of the Code of Federal Regulations to assign ratings for disabilities. These regulations discuss all sorts of different medical conditions as well as the different ratings levels that may be assigned for those conditions.
The basic idea behind the rating system is that the rating reflects how a particular condition affects your ability to earn money. So, VA is really looking at economic impairment when it assigns a rating. TDIU is a fundamental part of that rating system because it assesses what happens when service-connected disabilities make you unemployable.
How does TDIU make VA math work in my favor?
Most of the time, VA math works against you. For example, you might have the following ratings:
40%
20%
20%
10%
10%
If you add up those ratings, you get to 100 percent. However, VA math does not work that way. Using VA’s math for combining ratings, those 5 ratings give you a 70 percent rating. So, VA math really seems to hurt you.
But TDIU allows you to use VA math in your favor in a couple of ways. Consider those ratings again. A veteran who has at least one rating of 40 percent and a combined rating of 70 percent can potentially qualify for TDIU if the veteran meets VA’s definition of unemployable. If the veteran qualifies for TDIU, the veteran receives benefits at the 100 percent rating level.
Why does VA’s math make sense in a TDIU claim?
One of the things I see a lot is the combined effects of disabilities. What I mean by that is that multiple disabilities can cause a greater degree of earnings impairment than individual disabilities would alone.
Taken alone, these two disabilities might not impair the veteran’s earnings significantly. But, together they can rule out almost all work because the veteran is restricted from doing physical jobs by the back injury and the PTSD often prevents the veteran from doing less physical work because that less physical work often involves more stress and interaction with people.
So, when you are a veteran that suffers from two or more disabilities, you may often suffer greater earnings impairment than VA’s rating indicate. Unfortunately, VA math for combined ratings usually assumes exactly the opposite. They assume that your second disability is not as disabling as your first and your third is not as disabling as your second and so on. So, you end up with a lower overall rating in most cases.
Will VA automatically realize this and give me a rating that reflects how my service-connected conditions affect me?
No. There are a couple of things working against veterans when they try to use VA math in their favor:
VA really only uses the “sum can be greater than the parts” math in TDIU claims. In pretty much all other claims, they are going to use their regular VA math and say that the sum is less than the parts. So, you will need to be a veteran with a 60 percent individual rating or a veteran with a combined rating of 70 percent and a least one individual rating of 40 percent to take advantage of this.
Veterans will likely have to provide VA with evidence showing the combined effect of their conditions because VA’s system of evaluation does not usually take into account the combined effect of your conditions
Let me talk in more detail about that second point. Lots of times, VA sends you to a doctor for one particular condition. Let’s say they have you evaluated by a cardiologist for your heart condition. Then, they send you to an orthopedic doctor to have your knees evaluated.
The orthopedic doctor will likely only look at the knees and not consider your heart. The cardiologist will likely only consider your heart but not your knees. For TDIU purposes, VA should consider the combined effect of these two conditions. While each individual condition may not make you unemployable, you should qualify for TDIU is if your service-connected conditions combine to make you unemployable.
Because of this, you may need to develop your own evidence. You could need a medical expert of conduct a general evaluation which considers all of your service-connected conditions. Another way is to get the input of a vocational expert, who is someone that looks at the limitations imposed by your disabilities and then looks at the combined effect of those from a vocational or job standpoint
You need to make sure that VA considers the combined effect of your disabilities to make sure you have the best chance of succeeding in a TDIU claim.
What should I do if I need help?
TDIU is one of the most complicated areas of VA law. You need to make sure that you file the write documents to apply for it and that you have the evidence to show VA that you meet its definition of unemployable as a result of your service-connected disabilities.
I have seen many veterans with serious service connected disabilities struggle to keep a job. Because of that, our veterans disability team has made it a focus to help veterans with their TDIU claims.
If you would like us to review your TDIU claim to determine if we can help you, you can do that for free. If you have questions about how our firms free consultation process works, just read this short article to find out more.
Travis Studdard is an attorney who focuses on representing veterans in VA disability compensation claims. He regularly writes about issues that are important to veterans and their families.
You can subscribe to his Veterans Disability channel on YouTube.
Jason really has helped me so much through this hard experience I have went through! And the ladies in the office was wonderful with any and everything I had questions about! I highly recommend using this lawyer office to everyone and Jason Perkins for sure!! Thank y'all for everything and making it easier to get through this long though experience!
James HammittJames Hammitt
Thank you so much ! I received excellent representation from the entire Perkins Studdard Law firm, my VA claim was resolved and granted in a timely manner, they were hands on with me during the entire process. I would definitely recommend the firm to any veteran deciding to file a VA claim.Darrell Lynn
I would like to thank the law firm of Perkins-Studdard (Travis) and his team, for performing such an outstanding job, at every possible level, during my recent situation with the VA Disability Claims . From the first time I called and spoke with Mr Studdard with an overview of my situation, until the final settlement was executed (successfully I may add), I always felt that I was in good hands with this firm. Everyone in the office, Jessica, and April were responsive, approachable, knowledgeable, good listeners, and extremely professional. Mr. Studdard was realistic of the circumstances and of the potential difficult process that would lay ahead, should I proceed. I can’t say enough about Travis, and I will always be thankful to him. Travis was committed, and he instilled a real sense of confidence during both the highs and the lows. He ultimately prevailed and the outcome was very much in my favor. Of course, each case is different on its own merits and one can never predict how things ultimately will turn out. All I know is that the settlement far exceeded my expectation. Mr. Studdard has been a blessing to me.
I strongly recommend that anyone who would find themselves in a similar legal situation with the VA to contact Law Offices of Perkins Studdard for a consultation. It was a very positive experience given the circumstances. Thank you again, I shall forever be in your debt.Concetta Hogg
Mr. Perkins, I cannot express enough how thankful I am for your exceptional representation. Your hard work, expertise, and unwavering commitment to my case have left an indelible mark. Thanks to you, I can now move forward with my life, confident that justice has been served.Esli Roque
Travis and his team have been a blessing for me and my family. They have done an amazing job in helping me navigate the VA appeals process. They kept their eye on the ball all the way through the long, difficult and confusing process. I highly recommend Travis and his team because thanks to their professionalism and know how, I got the benefits I deserve.Daniel patriot
Travis has been a blessing to our family, he left no stone unturned and delivered the "W" for my VA claim. Every bit of my experience with the Perkins Studdard team was respectful and they demonstrated their appreciation for our service as veterans. I highly recommend this Law Firm and truly appreciate their willingness to stand on my behalf.M L
They were a huge help with my appeal on my VA disability claim. I appreciate all the hard work they put in. I couldn't have done it without them. I definitely recommend them to anyone who needs help like I did!Benjamin Leatherbury
“I wish I could give the law office of Perkins and Studdard a billion 5 stars.”
I was getting the run around with the va claims department regarding having my claims percentage corrected, the va reduced my percentage to discourage me from continuing to file. I saw Mr Perkins Studdard on utube and his knowledge about the va compensation process compel me to contact his office.
Within three months of the va reducing my compensation percentage from 90% to 80%…..the law office of Perkins and Studdard got me to 100% P&T.
I would strongly advise my fellow veterans that have been denied their compensation to give this law office a call, my results speak for itself.
I cannot say thank u enough to this law firm, they are the best.
Thanks again,
DeanDee Dep
Travis Studdard and his staff did a terrific job. They led me through the complicated VA process with great ease. They understand VA procedures and communicated what to expect step-by-step.Mel Valkner
Absolutely amazing service, helped me with every detail of my case. Without them I’m sure my case wouldn’t have turned out so well. Than you!Dana Lampropoulos
I understand you want your VA claim to be done as quickly as possible. But remember the ultimate goal – to win your VA disability compensation claim.
You may eventually get there on your own, but it may be after a series of decisions by the Regional Office and Board of Veterans Appeals. Sometimes claims are appealed and remanded several times, which can cause a claim to drag on for years. If you are interested in avoiding unnecessary delay in your claim and want to do everything you can to maximize your chances of success, it is probably a good idea for you to consult with an accredited veterans disability attorney.
We would be happy to talk to you. If you would like a free consultation with our Perkins Studdard veterans disability attorneys just click here or give us a call to begin the process.
