Analogous Ratings: How Do They Affect My VA Disability?

Поделиться
HTML-код
  • Опубликовано: 8 ноя 2022
  • The underlying objective of VA disability benefits is to compensate veterans for approximately the amount of earnings they will lose as the result of their service-connected impairment. Disability payments to veterans are based on the severity of the disability. The VA gives a disability rating to each injury, illness, or disease. By law, the VA has the authority to assign disability ratings from zero percent to one hundred percent, in ten percent increments. You are considered totally disabled when you carry a one hundred percent rating. The VA assigns a diagnostic code and rating using the VA’s Schedule for Rating Disabilities. A diagnostic code is simply the numerical code assigned to a specific disability or condition, but not all disabilities have their own diagnostic code.
    When a specific impairment does not have its own diagnostic code, ratings are assigned based on what condition most closely matches the symptoms the veteran is exhibiting. These are known as analogous ratings. By regulation the VA must apply a rating criterion that is most favorable to the veteran applying for disability benefits.
    Let me offer you a couple of examples of analogous ratings. Aphasia is a condition of the brain where someone is unable to understand and process language. If this was caused by an injury to the head, it is rated under Traumatic Brain Injury. But if it was caused by an illness or other condition, it is rated analogously under the code for vascular dementia. The rating for Crohn’s disease which causes the bowels to become irritated and swell is rated under ulcerative colitis.
    If when you search the VA’s Schedule for Rating Disabilities and your particular condition does not come up, it does not necessarily mean it isn’t in there. It is common for medical conditions to have more than one name, maybe even three or four names. Our recommendation is to do an internet search for other names for your condition and then search all those names on the VA’s website. If you still cannot find your condition, look for similar impairments.
    The big question, of course, is: Will an analogous rating reduce your disability compensation? As I said, the VA is supposed to assign a rating that is most favorable to the veteran, but it doesn’t always work out that way. The VA does not always assign the most appropriate rating criteria when assigning an analogous rating. This is where your VA accredited attorney can assist you. Your attorney can lay out a case for why you should be rated under another criteria that better matches your symptoms and that could result in a higher monthly VA disability payment.
    Analogous ratings can be a complex issue for veterans, but you deserve the disability compensation you have earned. If you are facing an adverse medical condition, and you believe the VA did not award you the correct rating or if your case has been denied, don’t give up hope. Instead contact us at Cuddigan Law for a free evaluation of your case. At Cuddigan Law you have team of professionals in your corner who know the system and will fight for your rights.

Комментарии •