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 had a great experience with Perkins Studdard Law Firm. The team was professional, responsive, and cared about my case. They explained everything clearly and kept me informed throughout the process. Excellent service and great results — I highly recommend them to anyone looking for reliable legal representation.Victor Martinez
This law firm did a great job and listened to all my concerns and had compassion for my case. They directed me through this process with graceTara Dean
The care, knowledge and professionalism shown by Jason and Tina of Perkins Studdard were beyond reproach. I was informed and updated through every phase of the process and the overall outcome was to my advantage. I highly recommend that if you ever have the need for a workman's comp or VA compensation attorney, Perkins Studdard are the ones that you need to call hands down. True concerned knowledgeable professionals.S Oz
Extremely happy, after many years of uncertainty. Very thankful for all their support helping me get what I deserve! From the VADibujando con FJ
I cant thank the office of Perkins Studdard enough for helping me get through what I thought would be a stressful situation. Let me just say if you have any questions or doubt about what to do or if you need an attorney please give Perkins Studdard a phone call. They were able to set my mind at ease from the beginning and took a weight off my shoulders when I knew what my options were. They've assisted me every step of the way and have touched base with me through the entire process. I really can't think them enough for helping me get through a major bump in the road and I'm truly thankful for the work Mr. Perkins and everyone at Perkins Studdard put in for me. I'm urging you to give them a call if you find yourself in a similar situation. It's great to know you're in the hands of people that truly care about what's best for you and lay out and explain all of your different options with careful detail.Matt Chastain
I had an excellent experience working with Jason Perkins at Perkins & Studdard on my workers’ compensation case. Jason was professional, patient, and truly cared about helping me. He made sure I understood every step of the process and worked hard to get me a great settlement. I’m very thankful for everything he did for me. If you need a workers’ comp lawyer, I highly recommend Jason Perkins and the team at Perkins & Studdard — they really go above and beyond for their clients!Cosmic Energy
Amazing work by an amazing firm. Mr. Studdard has personally explained to me what is going on with my claim and how he will move forward on getting things done. He has always been available to speak. Jessica Hyatt is also a pleasure to work by keeping me up to date on the claim and also letting me know what is needed from me. This firm is professional, effective and definitely client friendly.Richard Moreno
I highly recommend this law firm it’s truly been a blessing to me and my family . The attorneys treated me very well very respectful they listen to me. They understood how important this was to our family. They answer all our questions they return calls to us. They explained everything in detail to us.I know that it was because of the law firm that we received a quick decision from the VA which our claim was granted.Tanya Henderson,Hawkins,Wilson
I highly recommend Jason and his staff. His professionalism and experience proved to be very valuable in helping my case. He is very knowledgeable in his field of work.Eric Bowles
Travis has an amazing team, when I hit a brick wall with my case, he immidiatly gets on board to get to the finish line. 80% to TDIU in about 3 months. Additionally, working with Jessica has been an absolute pleasure, she is a strong part of their entire team. I would recommend them to everyone I know!!Jesse

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