If you are a veteran with a disability, then there is a good chance you have had to deal with the Department of Veterans Affairs (also known as the VA) to obtain a disability rating. This rating is essential, and yet many veterans do not understand what it means or how it is calculated. Here is what you need to know about the VA disability rating as a disabled veteran:
- Your disability rating determines the benefits you receive
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- The primary purpose of your disability rating is to determine how much you and your family are entitled to, when it comes to VA benefits. The higher your rating, the more benefits you can access. This means, generally speaking, it is better to have a higher rating so you can access more benefits.
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- Your disability rating is dependent on your service-related conditions
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- A critical fact to understand is that the VA only includes medical or psychological conditions related to your military service. This means it either must have come about during your service itself, or it must have arisen afterwards in a way that can be tied back to your service (such as PTSD arising from trauma experienced during military service.
- You can appeal your disability rating
- Just because the VA has issued you a rating does not mean that it is set in stone. You always have the option to appeal your rating, either because you think they got it wrong, or because there was evidence they did not consider. Either way, an appeal may be necessary to ensure you get the benefits you rightly deserve.
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- New scientific evidence may impact your case
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- Disability evaluations are made on the basis of whatever the understanding of your condition was at the time the decision was made. This can lead to problems, since medical science is constantly evolving, and there may be more medical evidence about your disability that has emerged since your decision was made. It can be worthwhile to have your disability rating reconsidered in light of these kinds of changes in scientific understanding.
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- Your disability rating can change over time
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- Likewise, disabilities do not always stay the same as they were when they were first identified. Certain disabilities can worsen over time, which in turn can make them eligible for higher disability ratings. However, you may need to make an appeal to the board to have it reconsidered.
The attorneys of Sullivan & Kehoe place a special focus on assisting disabled veterans. Our veterans’ disability lawyers are still available for remote consultation on your legal issues. Call our office at (800) 395-7830 to schedule a consultation in our New York City, Garden City, Kings Park, Riverhead, or White Plains office, or visit our contact page.
