Many disability programs require that the applicant be totally disabled. However, this is not the case for veterans’ disability benefits through the VA. Unlike those other programs, VA benefits do not require a finding of total disability.
A qualifying veteran who is partially disabled can still receive monthly payments. How much you will receive will depend on your disability rating. You may, however, run into hurdles in winning VA benefits for partial disability. That’s where having a seasoned Louisiana veterans benefits attorney will benefit your case greatly.
How VA Benefits for Partial Disability Work
If a veteran is found to have a service-connected disability, the VA will assign the claimant a disability rating. The percentage is based on the severity of the condition and is critical to the veteran’s monthly benefits. A higher percentage equates to a higher monthly amount of compensation.
An essential question, however, is whether the disability is “service-connected.” A disability can be considered service-connected for two reasons. First, the disability could have occurred during active military service.
A basic example is losing a limb during combat. Another way a disability can be service-connected is if the veteran’s active military service aggravated a pre-existing condition. This means the worsening of the condition was beyond how the condition would normally have progressed on its own.
The condition in question can be physical or mental. Exactly how bad it is will affect the VA disability rating.
How Does the VA Determine the Disability Rating?
The VA will use various pieces of evidence in calculating a veteran’s disability rating. They include:
- Evidence provided by the veteran, such as medical records.
- Results from the VA’s exam, called a compensation and pension or C&P exam, if necessary
- Information from other sources like federal agencies
Some veterans have a single service-connected disability while others have multiple ones. For an individual disability, the VA will assign a percentage from 0-100%. If there are multiple disabilities, the VA will combine the percentage of each one. The final combined rating is then rounded up to the nearest 10%. For example, a combined rating of 76% is rounded up to 80%.
Aggravated conditions are treated differently. The veteran’s disability rating will be based on the percentage of aggravation linked to military service. For example, a veteran may have had a 10% disabling condition when he or she entered the military. After leaving the service, the condition is then rated at 20%. The level of aggravation is 10% and this becomes the rating on which compensation is based.
Why Hire a Veterans Disability Benefits Attorney?
The VA must process a massive number of disability claims each year. It is impossible for a claims examiner to give each application very much attention. This means that if you do not present a compelling case, you may not be awarded an accurate disability rating.
An attorney can take steps to help you present the best argument for the highest rating. Our team can explain the VA’s rating system and then get to work gathering the supporting evidence you need. Then we can handle the entire application process from start to finish. If you’re initially denied VA benefits for partial disability, we can appeal the adverse decision.
Call Our VA Benefits Lawyers in Louisiana Today!
Louisiana veterans know they have a trusted legal ally in Ascend Disability. We’re here to work for the benefits that you deserve. To get started on your case or to ask questions about the process, give us a call at (855) 445-9787. We can schedule your confidential free consultation today.