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'm so thankful and grateful for all the hard work Jason, Tina and Liz did for me. They went above and beyond to get the best outcome for me. They took the to explain everything that was going on with my case again I'm so thankful grateful and happy with the outcome of my workers comp case.Adrian Adams
First off, I must say thank you again to the office of Perkins Studdard. I appreciate all the hard work and dedication your office has shown to achieve a successful and happy outcome. You have forever changed my family’s life! Also, I wanted to give a special shoutout to Jessica Hyatt for her excellent attitude, advice, and overall professionalism throughout every step of this process. This journey has finally been complete after more than a decade of being denied and almost giving up. However, two of my old coworkers advised me that the office of Perkins Studdard had also successfully helped them achieve their proper rating too. Needless to say, this has been one of my best decisions in life. I can now sleep a little better and stress free knowing I finally got what I deserved all along. Once again, thank you for everything! And shoutout to Travis Studdard, “we did it.” Respectfully, Jonathon FloresJonathon Flores
My family and I are so grateful for Jason Perkins and his team. Jason explains thing's to detail and walks you through every step of your case. I would highly recommend Perkins Studdard for your legal needs. Thank you so much Jason and Tina!Chapin & Lea Anne Warner
The best I know for workers comp attorney'sDenise Williams
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

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