As we mentioned in our blog on Parkinson’s disease from Agent Orange exposure, accurately rating Parkinson’s disease in a veterans disability claim is more complicated than some other disabilities. That makes it difficult for you to know if you are receiving the correct amount of benefits.
Because of the complexity, there is a good chance VA did not assign the proper disability rating percentage. This makes it even more important that you understand what goes into a proper disability rating. Then, you can read your Ratings Decision again to see if VA followed the proper methodology for rating Parkinson’s disease.
3 Basic Steps to a VA Disability Rating for Parkinson’s Disease
Rating Parkinson’s disease for VA purposes can be broken down in a few basic steps:
Begin with the diagnostic code for Parkinson’s disease to find the “minimum rating”
Evaluate each of the symptoms you have associated with Parkinson’s disease
Calculate the combined disability rating for those symptoms
Use the higher of the “minimum rating” for the disease itself or the combined rating of the symptoms
What Is the VA Diagnostic Code for Parkinson’s Disease?
As with all diseases and disabilities entitling veterans to VA disability compensation benefits, VA uses disability ratings schedules within the Code of Federal Regulations (“CFR”). Generally, each condition has a separate diagnostic code. The diagnostic code is a four-digit number and name.
Unfortunately, it is not as easy as looking for “Parkinson’s” within the CFR. Instead, Parkinson’s disease is rated using code 8004 – Paralysis agitans – which is another name for Parkinson’s disease. This diagnostic code assigns a 30% rating.
VA may stop there and only give you a 30% rating without further consideration. If they do, they have probably made an error. The 30% rating is only the first step, not the last, to a proper VA disability rating for Parkinson’s disease.
Likewise, if VA assigns a disability rating less than 30%, that is a huge red flag that they have gotten it wrong. You will notice that the disability table refers to that as a “minimum rating.” So, a diagnosis of Parkinson’s means an automatic minimum 30% rating. Unless you have minimal problems due to your Parkinson’s you probably qualify for a rating higher than the 30% minimum.
How Do I Get More Than a 30% Rating for My Parkinson’s Disease?
The next step is to look at the symptoms you have related to your Parkinson’s disease. But, if you look at the diagnostic codes immediately before and after “8004 Paralysis agitans,” you will not see anything else pertaining to this disease. So, what are the other symptoms VA should consider?
The Parkinson’s Disability Benefits Questionnaire (“DBQ”), also known as VA Form 21-0960C-1 , provides a good roadmap to a higher rating. This is the criteria a physician should use in your C&P examination to evaluate fully your particular stage of the disease. The symptoms include four main motor symptoms:
Bradykinesia (slowed movement)
Postural instability
Rigidity
Tremors.
For upper extremity issues, see diagnostic codes 8514 & 8515. For lower extremity issues, see diagnostic code 8520.
Other symptoms associated with various stages of Parkinson’s disease include:
Difficulty swallowing (dysphagia) or speech problems (dysarthria) – use diagnostic code 7203 or 8210, respectively.
Facial muscle paralysis – use diagnostic code 8207.
Cognitive disorders causing occupational or social impairment – use diagnostic code 9310 or 9326.
So Is My VA Rating for Parkinson’s Disease Equal to All the Ratings Added Together?
Unfortunately, no. Under VA rules, 4 plus 2 does not equal 6. Instead, it is more like 40% + 20% equals 50%. This is because VA uses combined disability ratings.
If you have advanced stages of Parkinson’s disease with several of the symptoms listed above, you quite likely should qualify for a 100% disability rating.
If VA does not award you 100% but rates one disability at 60% or more, or one at 40% with a total of 70% or more, you might qualify for 100% due to Total Disability Based on Individual Unemployability (TDIU).
Another thing the VA may not tell you – you may be eligible for Special Monthly Compensation, which means a payment greater than that for a 100% rating. Most veterans with Parkinson’s will probably qualify for SMC at some point.
What Should I Do if I Think I Should Be Receiving More in VA Compensation?
Parkinson’s is a terrible disease with many different possible symptoms. Each symptom needs to be rated individually and the combined rating then needs to be compared to the 30% minimum rating. If you already have a rating but your Parkinson’s disease has progressed, you probably need to file for an increased rating if your current rating is less than 100%.
I would be happy to talk to you if you have questions or need your claim reviewed. The best way to do that without any obligation or cost on your part is a free veterans disability consultation.
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.
Travis, Jessica and the team were amazing. I’ve been working for the benefits I’ve deserved for years and should have worked with Perkins Studdard initially. They were always great answering questions and helped me more than I ever could have imagined. I highly recommended them as a VA disability law team to help anyone. I’d give more stars if I could.Theodore Tarbush
I highly recommend Travis and his team. From start to finish, the communication and professionalism were outstanding. Jessica was absolutely amazing — responsive, knowledgeable, patient, and always willing to help answer questions and keep me informed throughout the process.
Travis was also excellent and made me feel confident that I was in good hands. Their entire office treated me with respect and care, and I truly appreciate everything they did for me. If you’re looking for an attorney and legal team that genuinely cares about their clients, I would definitely recommend them.Carlos Thornton
Travis Studdard and his team were always professional and from intake to case resolution, they were extremely pleasant to work with. After working closely with them for roughly six years, they successfully appealed my sleep apnea claim with the VA. At times I thought about giving up, but it was their diligence and confidence in their approach that gave me the ability sustain. There were no surprises, they led me by hand every step of the way. My family and I are truly appreciative for their great work. His team truly cares and it shows. They will fight to the end for veterans. I couldn't be happier with the results.James
I had the pleasure to be helped by Travis and his team on my VA disability claim. They know what they are doing, and I would definitely work with them again. I recommend them to any veteran that has a wrongfully denied claim with the VA...Joel Onomo
Travis and his team helped me get my case done when I couldn't get it done by myself.Everything went much faster and better than I expected.I highly recommend his team for any veteran trying to get a claim processed. Norman Scott,U.S.Army veteranNorman Scott
Jason Perkins and his team are so kind, knowledgable and helpful. They were thorough with all my legal needs and made sure my medical needs were taken care of financially. What I most appreciate is that he was always very clear about what was best for my case, but he also always told me I needed to do what was best for me, both mentally and physically. He was always available to answer questions, made sure I understood, and was willing to let me make decisions regarding my case. His ethics are beyond reproach. He would not take a percentage of a payment he did not help me receive. You can trust him. He always made it clear that my mental and physical well-being were more important than any part of my case. Then he would explain what would be best for the case and why, and allow me time to decide. Being in the Worker's Compensation system was an incredibly demeaning experience. I am a strong, educated woman, but when everyone in a system tells you that you are not worthy of the care you have received your entire life, and you instantly become less than to many of those who are suppose to be caring for you, it would weigh on anyone. I am so thankful I had Jason and his team fighting for me, getting me things I never would have imagined would be denied, like a second opinion before surgery, or physical therapy instead of opioids. I cannot imagine trying to handle this experience by myself.Andri Pilgrim
Would definitely recommend 10/10! The team was super helpful through the entire process, and always were available for questions anytime I needed. Always quick to respond, and we’re always sweet and professional!Haley Nicole
Perkins Studdard LLC has been wonderful to work with from the first day through the final journey. They were prompt in requesting the information from me so they could appeal my claim with the VA. I had exhausted all means trying but they were able to get me to 100%. I would "HIGHLY" recommend using them if you are having difficulty getting anywhere with the VA.Mike Black
When i found this law firm I was going through a hard time not just with the VA but mentally as well. And after i hard denial i reached out to Travis and let me just say that was the best decision of my life. From the first call i knew i had made the right decision they are nothing short of amazing. Shoutout to Jessica and Chandler they both helped ease my stress and make the process so smooth it felt really good to be heard. My only mistake was not reaching out to them sooner. Thank you all so very muchRilesia Singleton
Perkins Studdard LLC has done for me what VSO, the DAV, and I could not do on my own. For 10 years after my last rating the VA was bound and determined to keep me at my current percentage. My body was tired physically and mentally. I needed help that the civilian world was not going to let me stop work for. I contacted Perkins Studdard and worked with Jessica and Travis. To tell you what I ever hoped for was greatly exceeded. I am able to now properly heal since 2007 when I was medically discharged. I promise when we feel like we are forgotten you have people like Travis and Jessica that work hard for you to make sure you are not. Their policy on pay is exceptional and even when I got aggravated they understood how to keep me calm and helped my patience. I think the VA does not like to see them coming. I got the holy grail, home run, I can breath decision I needed. Let them help you!Lisa Jordan
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.
