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.

I saw Travis on some YouTube videos. It was the way he worded things, I just felt compelled to contact them about my situation, he seemed trustworthy. Travis told me he thought he could help me. I was hesitant, but proceeded. The claim process was long, but my claim was granted. They are organized and punctual. Jessica and Travis are a strong team. I feel the Lord led me to Perkins & Studdard. I consider Travis an advocate and friend. ThanksCorby Reese
It has been a pleasure working with Jason and firm, very knowledgeable and professional, He did awesome job to get settlement that I need for my workmen comp case which was fair in my case, cause the insurance company was trying low ball me and not give me nothing but Jason fix that ….I truly recommend Perkins&studdard any workmen comp case that you have and also want thank Tina also for helping me along this process Thank you Perkins&studdardjahbari swint
Thank you Jason and Tina for everything you've done. Much appreciated. Great law firm! Great results!! Thank you!!! (Austin and Valerie)Valerie Mellinger
Travis and the team working on my VA claim are awesome. I’m happy with their integrity and diligence on working on my claim.Chris “Greybeard” Mullennix
I can't express enough how great it was to work with Perkins Studdard. They are extremely knowledgeable, professional and keep you aware of everything happening with your case. Very friendly from the front office to Mr. Perkins. I would HIGHLY recommend Perkins Studdard!James Strickland
I recommend Travis for an Veteran that has been dealing with constant denial with claims. He also , cover cost for my nexus letter when I ran into financial troubles , that helped me win my case.edwin Cook
I highly recommend Travis Studdard to represent anyone looking to help with VA claims. The VA is very difficult to deal with when attempting to get benefits from service connected injuries, at least that's my experience. Travis and his team knows the VA system and the legal procedures to help you get what you deserve. Travis was kind and passionate with me throughout this process and therefore, I highly recommend this law firm to represent DAV's.Terry Hembree
Such an awesome team. They spoke to me like a person and helped me through every decision with knowledge.Kevin Collett
Highly recommend this firm. Did exactly what they said they were going to and fairly timely. The VA is sometimes extremely difficult to navigate but this took all the leg work away from me and got me the result I thought was fair.Andrew Boone
Amazing staff, very informed along with excellent communication. Within just a few weeks of work, Mr Studdard was able to make things happen that normally take years! Highly recommendJacob Sylvester

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