But, the Department of Veterans Affairs deciding your disability is service-connected is only the beginning. The next step is determining the correct disability rating. This rating determines how much your monthly disability payments will be. In reviewing the claims of veterans with heart-related service-connected disabilities, our VA disability attorneys have noticed blatant errors in how the VA Regional Offices decide heart-related claims. Those errors typically result in too low of a rating.
WHAT SYMPTOMS ENTITLE ME TO A VA DISABILITY RATING FOR HEART DISEASE?
To understand the errors, you first need to know the proper criteria the VA is supposed to use in evaluating the correct disability rating. There a few different ways to qualify for the various ratings, but one way common to each level is the symptom-based method.
To use this method, it is important to know the relevant symptoms. This helps you see where you likely fall on the scale of disability. A veteran is entitled to a rating between 10 and 100 percent if he or she experiences dyspnea, fatigue, angina, dizziness, or syncope when engaging in certain levels of activity.
While fatigue and dizziness are easily understandable terms, many veterans are not familiar with these other, more specialized medical terms. Dyspnea is difficult or labored breathing, or shortness of breath. Angina is chest pain. Syncope is partial or complete loss of consciousness or, more simply put, fainting or passing out.
SHOULD ALL PEOPLE WITH THESE HEART DISEASE SYMPTOMS BE RATED AT THE SAME LEVEL?
No. Disabilities related to heart disease can be rated at 0, 10, 30, 60, and 100 percent. If you have any of the symptoms discussed above (dyspnea, fatigue, angina, dizziness, or syncope), your level of disability is tied to what sort of activities bring on your symptoms.
The schedular ratings for heart disease define various activity levels that cause cardiac symptoms. The more active you are before you have symptoms, the lower the rating; the less activity that can cause symptoms, the higher the rating. The level of rating is measured by “METs,” or metabolic equivalents. In plain English, that is a measurement of how hard the heart must work to do certain activities; the higher the MET, the more vigorous the activity. Here is a chart to help understand how the levels of activity correspond to the ratings levels:
VA HEART DISEASE DISABILITY RATING TABLE
Physical activity
MET (metabolic equivalent)
Dyspnea, fatigue, angina, dizziness, or syncope while doing these activities?
Light intensity activities
< 3
sleeping
0.9
If yes, then 100% rating
watching television
1.0
If yes, then 100% rating
writing, desk work, typing
1.8
If yes, then 100% rating
walking, 1.7 mph (2.7 km/h), level ground, strolling, very slow
2.3
If yes, then 100% rating
walking, 2.5 mph (4 km/h)
2.9
If yes, then 100% rating
Moderate intensity activities
3 to 6
bicycling, stationary, 50 watts, very light effort
3.0
If yes, then 100% rating
walking 3.0 mph (4.8 km/h)
3.3
If yes, then 60% rating
calisthenics, home exercise, light or moderate effort, general
3.5
If yes, then 60% rating
walking 3.4 mph (5.5 km/h)
3.6
If yes, then 60% rating
bicycling, <10 mph (16 km/h), leisure, to work or for pleasure
Remember, symptom-based criteria are just one of the ways a veteran may be entitled to a VA disability rating for a heart condition. There are other methods that can be used to establish a rating.
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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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.
