PHYSICAL DISABILITIES
VA regulations provide an extensive list of disability rating criteria for each body part. The assigned rating percentage for physical disabilities varies widely with body part, injury severity, and the functional impact on the veteran.
Winning a physical disability claim generally requires:
a current disability meeting the VA's rating criteria;
evidence establishing it is at least as likely as not that an injury was caused or aggravated during military service;
a nexus between the in-service injury and current disability.
The barrier that most veterans face is proving that a disability is connected to service.
The VA often denies physical disability claims after finding that there is insufficient evidence that an injury occurred in service. Sometimes these denials are due to the VA's inadequate review of a veteran's medical records or ignoring favorable evidence. Other times, the VA misapplies a governing statute, its own regulation, or ignores an interpretation by the United States Court of Appeals for Veterans' Claims or Federal Circuit that it is required to follow.
Obtaining a Higher Rating
Even if the VA granted a veteran's claim, it is not uncommon for it to misapply the law or its own rating criteria and grant a claim with a lower rating than a higher, more appropriate one.
I can help.
A trained attorney is likely to catch these nuanced, claim-specific errors that may otherwise go unnoticed. If you think that the VA erred by either denying your claim or granting it at too low of a percentage, let's talk. Call, e-mail, or click the link below.