Is the VA’s Disability Compensation Rating Decision Correct?

The first big steps in a veteran’s claim for disability compensation benefits are establishing that you are a veteran that had an in service event and now have a disability.  A veteran must also establish a nexus between the in service event and the disability.  Once these requirements are satisfied, the veteran will receive a Rating Decision indicating the percentage of disability determined by the Department of Veterans Affairs.

Does A Rating Decision End My Case?

A veteran who receives a Rating Decision determining that a disability or disabilities are service connected may believe that there is nothing further to do because the case has been won.  However, a veteran may still need to file a notice of disagreement with regard to the percentage of disability granted for one or more of the disabilities determined to be service connected.

How Does the Percentage Rating in my Rating Decision Affect My Benefits?

If you believe the rating percentage is incorrect, filing a notice of disagreement can be especially important to consider since the percentage of disability drastically affects how much compensation the veteran will receive.  For example, a veteran with a 10% total disability rating would have a pay rate in 2012 of $129 per month.  That same veteran would draw $810 a month with a 50% rating or $2816 a month with a 100% rating.  Also, if the veteran ends up with a total rating of 30% or greater, then the veteran will draw additional benefits for dependents (including spouse, children, and parents) whereas a veteran with a total rating of 10% or 20% does not draw additional benefits for dependents, so it is important to make sure that the Department of Veterans Affairs gets the rating correct.

The percentage of a veteran’s rating is determined by the medical severity of his or her condition.  If a veteran has more than one disability, then a combined values formula is generally used to determine the total rating.  This combined value is either rounded up or down to the nearest ten percent.  Determining the affect of certain ratings, especially in cases involving multiple disabilities, can be difficult.

Making Sure Your Rating Decision Is Correct

The calculation of the correct disability rating is complex and leaves plenty of room for error.  A recent study determined that over half of the denials made by the VA in veterans’ benefits claims may be incorrect.  Because veterans’ benefits law is quite complicated, it is usually helpful to consult an attorney who handles veterans’ benefits claims to determine if the percentage of disability was calculated correctly.

Jason Perkins and Travis Studdard, are our attorneys who handle veterans’ benefits claims.  They , provide free consultations if you have any questions about your claim or have received a decision and just want to make sure it is correct.  To obtain a free consultation, simply call the phone number at the upper right of this page or complete the “Need Help” form on the right.

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.

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Great people, Great Service 100% Satisfied and has recommended them to a few people.Flo N Scnts Johnson
Happy and impressed working with Perkins Studdard to help me through the VA claim maze. Don't hesitate to contact them for help. You cannot do it alone.Jim & Linda Woychik
My experience with this firm was overwhelmingly awesome! My attorney is very knowledgeable in veteran law and the rest of the staff is polite and they answer emails in a timely manner. I definitely recommend Perkins Studdard for you VA claim needs.Juan Armenta
Couldn’t be happier with the service they provided me. After so much time spent working with the VA to grant me disability for my service connected disabilities I was denied. Exhausted with the process and ready to give up a friend recommended this firm to assist me with an appeal. They handled all of it, keeping me updated regularly on progress, and eventually getting me the disability rating that was due. This was the happiest I’ve been to pay an invoice for services received.Kendall Lucy
100 % recomendable, in my humble opinion they are the best. I am very grateful with their assistance in filling my claim with the VA and winning They have done an outstanding job. They are professional ThanksFrancisco Javier Pérez A
They assessed my case as being potentially tdiu qualified and got to work right away. I only provided the information they asked me for and let them do their work. I didn’t hound them, I didn’t pester them, I just let them do their work and provided what they asked for and trusted the process. Within a few months or so I was awarded a tdiu rating. In my case I’m a combat vet of oef, but the Va had denied me twice for a benefit that I know I qualified for. The Perkins-studdard firm got the the benefit I deserved and I am eternally grateful for their expertise and hard work.M C
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