🎖️ VALOR

Not the Life We Wanted: Veterans Fighting for IBM Disability Recognition

In this compelling documentary, follow the deeply personal stories of veterans like Jim and Augie, who are living with the rare and devastating disease, Inclusion Body Myositis (IBM). As their muscles weaken and their independence slips away, their struggle isn't just with the illness itself—it’s with the VA system, which has denied them the benefits they rightfully deserve for years.

Not the Life We Wanted offers an unflinching look at the emotional and physical challenges of IBM, while also shining a light on the veterans’ relentless battle for acknowledgment and support. This film is a must-watch for anyone seeking to understand the harsh realities of IBM and the veterans' fight for justice.

Attention: Were You or a Loved One Injured in Iraq or Afghanistan?

If you or a family member served in Iraq or Afghanistan between 2003-2017 and were injured by a sniper, rocket mortar, IED, or EFP, you may be entitled to compensation. Injuries could include loss of limb, eyesight, corrective surgeries, shrapnel or burns, traumatic brain injuries, or other blast-related wounds.

Don't wait—these injuries deserve justice. Contact our team to learn more about your options for compensation and to get the help you need.

Call us at (855) 494-1298 to learn more.

⚖️ EXPERTS

Understanding VA Math: How Combined Disability Ratings Are Calculated

Navigating the VA disability system can be complex, especially when it comes to understanding how combined disability ratings are calculated. Many veterans expect that if they have multiple disabilities rated by VA, the percentages should simply add up. However, VA’s method of calculating combined disability ratings—often referred to as "VA math"—follows a different, more complex formula.

What is VA Math?

VA uses a method known as the "whole person theory" to calculate combined disability ratings. This theory is based on the idea that a person cannot be more than 100% disabled. Therefore, when multiple disabilities are combined, they are not simply added together; instead, they are combined using a specific formula. VA uses a descending efficiency scale, which calculates how each additional disability affects the "whole person" after taking the most severe disability into account.

For example, if you have two disabilities rated at 30% and 20%, VA does not simply add these together to get 50%. Instead, they subtract the highest disability rating from 100%, then calculate the new disability percentage based on the remaining percentage of your "whole person."

How the VA Combines Ratings: Step-by-Step Guide

To calculate your combined disability rating using VA math, follow this process:

1. Start with the highest rating: Begin with your highest-rated disability. This percentage represents the portion of your body that is disabled.

2. Calculate the remaining percentage: Subtract the highest disability rating from 100%. This gives you the remaining percentage of your body that is considered "healthy."

3. Combine the next rating: Multiply the next highest rating by the remaining "healthy" percentage of your body. Add this to the previous disability percentage to get your new combined rating.

4. Repeat the process: Continue this process for each additional disability rating.

5. Round to the nearest 10%: The final step is to round your combined rating to the nearest 10%. This becomes your final combined disability rating.

Example Calculation

Let’s walk through a detailed example:

• First Disability Rating: 30%

  • 100% - 30% = 70% (remaining "healthy" portion)

• Second Disability Rating: 20%

  • 20% of 70% = 14%

  • 30% + 14% = 44%

• Third Disability Rating: 10%

  • 10% of 56% (remaining "healthy" portion after the first two disabilities) = 5.6%

  • 44% + 5.6% = 49.6%

Finally, VA rounds this 49.6% up to 50%, which would be your combined disability rating.

How to Read the VA Combined Disability Table

Once you have your individual disability ratings, you can use the VA Combined Ratings Table to simplify the calculation. The table lists disability ratings in descending order and shows how to combine them step-by-step. Start with the highest rating and find where it intersects with the second-highest rating in the table to get the combined percentage. Repeat the process for each additional rating until you reach your final combined disability rating.

Want to take the pain out of calculating your VA disability ratings? Did you know we offer a calculator that will help do it for you? Check it out here!

Key Takeaways:

1. VA Uses Its Own Math: VA math doesn't follow standard addition, so understanding the process or using a VA Disability Calculator can help you avoid underestimating your rating.

2. Challenge Improper Reductions: If your disability rating is reduced, ensure the VA followed the correct procedures. You can appeal reductions if there isn’t enough evidence of sustained improvement.

3. Use the Combined Ratings Table: This table is your best friend when calculating multiple disabilities. Always double-check your calculations using the VA’s method to ensure accuracy. OR, for an even quicker way to calculate your potential ratings, check out our VA Disability Calculator.

Understanding VA math is essential for getting the correct compensation for your service-connected disabilities. Want to learn more about how VA math works and everything you need to know to calculate your VA ratings effectively? Check out our attorney video below!

🦅SUPPORT

Attention: October 9th, 2024 (today), there will be NO LIVE STREAM. We will resume again next Wednesday! Thanks for your understanding and we look forward to answering your questions then.

Thank you for your understanding. We look forward to answering your questions soon! In the meantime, have you visited our YouTube channel recently? We have a wide variety of videos available to share with everyone on lots of topics! You may be able to find some answers to your immediate questions there.

🗺️ TACTICS

Veteran's Fight Against a Rating Reduction and Pursuit of Specially Adapted Housing 

Note: All identifying info has been changed to protect the identity of the client.

Summary of Claim

A veteran who served on active duty from July 1976 to November 1978 found himself facing a challenging situation when the Department of Veterans Affairs (VA) decided to reduce his disability rating for a service-connected back condition. This case not only highlights the complexities of VA disability ratings but also underscores the difficulties veterans face when seeking adapted housing benefits. 

The Outcome

In this case, the Board of Veterans' Appeals (BVA) restored the veteran’s 20% disability rating for his mechanical back pain with scoliosis and degenerative changes. However, the BVA denied his request for an increased initial rating and his application for specially adapted housing or special home adaptation benefits.

Why Was This Claim Successful?

The success and denial in this case were influenced by several key factors: 

• Improper Rating Reduction: The VA had reduced the veteran’s disability rating from 20% to 10% based on a single examination, without sufficient evidence of sustained improvement in the veteran’s condition. The BVA found that the VA did not comply with the procedural requirements, making the reduction void from the outset. As a result, the veteran’s original 20% rating was reinstated. 

• Insufficient Evidence for Increased Rating: Despite the veteran's ongoing complaints of pain and limited motion, the BVA determined that his back condition did not meet the criteria for a rating higher than 20%. The evidence showed that the veteran’s limitation of motion was moderate, but not severe enough to warrant an increase. 

• Denial of Specially Adapted Housing: The veteran sought benefits for specially adapted housing, claiming his disabilities necessitated such accommodation. However, the BVA found that his service-connected conditions did not result in the loss or loss of use of limbs or other criteria required for these benefits. The evidence demonstrated that the veteran was still able to walk and did not experience significant functional loss in his lower or upper extremities. 

Additional Insights

This case underscores the importance of understanding the VA's requirements and ensuring that all procedural steps are followed when a rating reduction is proposed. Veterans should be aware that any reduction in benefits must be supported by clear evidence of improvement in their condition, which was not demonstrated in this case. 

It also illustrates the difficulty of qualifying for specially adapted housing benefits. Veterans must meet strict criteria related to the loss of use of limbs or severe disabilities, which this veteran’s condition did not fulfill. 

Tips from the Legal Team

Here are some insights to help veterans strengthen their VA disability claims: 

• Challenge Improper Rating Reductions: If the VA reduces your disability rating, ensure that the reduction is based on sufficient evidence of sustained improvement. Challenge the decision if the VA fails to follow proper procedures. 

• Provide Comprehensive Medical Evidence: To secure a higher disability rating or additional benefits like specially adapted housing, veterans should provide detailed medical evidence that clearly shows the severity of their condition and its impact on daily life. 

• Understand the Criteria for Adapted Housing: Veterans seeking adapted housing benefits must meet specific criteria related to the loss or loss of use of limbs. It’s crucial to understand these requirements and provide evidence that demonstrates eligibility. 

If you believe your current disability rating does not accurately reflect the severity of your condition or if you’re struggling to obtain specially adapted housing benefits, our team is here to help.

If you're facing challenges in securing the VA benefits you deserve, or if you believe your current disability rating does not accurately reflect your condition, we're here to help. Call us at (855) 494-1298.