(Newswire.net — August 10, 2022) — If you have served in the military and sustained an injury, you may apply for disability benefits through the United States Department of Veterans Affairs (VA). If your injury is recognized as service-related the VA will use calculations to determine your overall disability rating.
Your VA rating indicates how severe a disability is and how it impacts your daily life. The lower your rating is, the lower amount of compensation you will receive. Currently, the VA utilizes its Schedule of Rating Disabilities (VASRD) as part of the process to determine disability ratings.
How the VASRD Functions
The VASRD serves as a guide to determine the severity of illnesses and disabilities resulting from military service. The severity of the disability is converted to a percentage that determines the amount of the benefits.
Under the Schedule for Rating Disabilities, the disability is categorized by body parts affected. The categories also have associated issues that can affect the body part. The medical issues then have possible diagnoses, and a code for each diagnosis is listed. The diagnosis codes then list the symptoms that each rating requires for disability.
How Is a Disability Rating Assigned?
If you have more than one disability, your overall VA disability must be calculated. To find out your rating you can try the CCK Law veterans disability calculator. After you enter all the data, you will receive an estimated number to help set your expectations.
It is important to remember that your rating will never be above 100%. A good example of this is when you have a 40% rating and a 70% rating. The two ratings are not added together to equal 110%. Instead, after you receive a 40% disability rating, the other 70% will be calculated from the remaining 60%, which leads to 42%.
The 40% and 42% will be added up to 82% and rounded down to 80%. It is important to keep in mind that disability ratings are set at intervals of 10%.
When a Disability Does Not Get on the List of Disabilities
When you have a disability that you know should be listed but is not, the VA might have a disability assigned that is as close to yours as can be. Your disability will then be evaluated by the VA and codified as the closest related disability.
Circumstances Covering Injuries That Are Service and Non-Service Related
Every disability you submit must be evaluated individually and have a rating assigned. When you have a disability that is service-related and a disability that is not service-related, you may receive the benefit of the doubt. This means both of the disabilities are likely caused by your service. When they apply the benefit of the doubt, you may see a higher rating than you originally thought.
When Your Disability Worsens as You Are Waiting for Disability Benefits
If you feel that your disability is worsening while you are waiting for a decision concerning your disability benefits, make sure to document the process. You can also ask for individual ratings that cover different times as you await a rating.
A lawyer can use the proof you gathered, to help you get the benefits you deserve. The VA will review the new evidence, and your rating may increase. However, if your symptoms decrease, a lower rating will be awarded.
Obtaining Both SSDI and VA Disability Benefits
When you have VA disability benefits, you may also be eligible to receive Social Security Disability Insurance (SSDI). However, your VA benefits must be under $1,260 to be eligible. Consult your lawyer to learn if you qualify for both VA and SSDI benefits.
Seek Legal Representation for Your VA Case
When you apply for VA disability benefits, it is a good idea to understand that the VA might make mistakes while calculating benefits. This is why you should get in touch with an experienced attorney to handle your case to ensure that you receive the rating and benefits you deserve.
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