The VA Rating Schedule

Thom Stoddert

How does the VA come up with those wonderful percentages that often seem so stupid, or don’t make any sense? The answer is very easy; it's all very complicated. To those who make the rating decisions and those who receive them, it’s sometimes like it is talk from a creature from Mars. 

The first thing to remember is the concept of “lack of function.”  Lack of function comes in many forms. You can see it in a vet’s inability to extend his leg fully to 140 degrees. Lack of function can also be measured by laboratory values; this is especially true for diseases like cancer. The VA always tries to rate a disability that a veteran has by the amount of the loss of function caused.

 

The first and most common  impairments are of the bone and muscle. The VA has a manual to aid them in determining how much function is lost and what the appropriate rating percentage should be.  

As an example I’ll use loss of movement in the knee:

 

When the knee is fully extended, it can move a total of 140%. But if the total movement has a loss of 35 degrees from being straight out, then the appropriate rating should be 40%.

Extension limited to 45°...50%

Extension limited to 30°...40%

Extension limited to 20°...30%

Extension limited to 15°...20%

Extension limited to 10°...10%

Extension limited to 5°…..0%

 

A higher evaluation can be considered if there is a complete loss of use for that knee, just as if it were amputated. There are many laws that must also be considered and can earn a higher percentage at the same time the rating is made. Is the other knee injured? What other organs are affected by this deficit knee, and what are the social and occupation involvements? those are some of the questions that must be looked at. Look and read your rating letter carefully. It is supposed to tell you how you were evaluated and how a higher percentage of rating can be given. If you think something was missed, find somebody who knows the laws, there are many good online sources as well as your local Service Officer. You have one year to dispute any rating before it becomes final.

 

The next question concerns those medical issues that can not be readily seen. The vet looks fully functional, but is rated/paid at the 100% level. These are usually mental health problems, such as PTSD, Schizophrenia and Traumatic Brain Injury. There is no loss of physical movement, but there is a major impairment to the veteran’s social and occupational efforts.

 

As an example I know of a vet (initials, S.T.). He attended college courses every week and afterwards quickly left the building. He never made any friends, even after years. When there were a lot of homeless or beggars around the area of the city where he worked, he was way too much on edge. He finally went to a vet center for help and felt very at ease sitting in the middle of complete strangers, all of whom were veterans. The vet eventually quit all his jobs and non-veteran relationships because of trust issues. He once shared he could not stand being around anyone he could not trust to guard his six-o’clock (his back).  This included the people he liked at his jobs. Among other combat veterans, he was sociable, giving, gentle, and caring.

 

S. T. was recognized by VA doctors as being unemployable after twenty years in the infantry.  A year later he moved up to the mountains in the Northwest, alone. His service time affected his ability to fully and normally function in both social and occupational spheres. His loss of functions were unseen.

 

I said earlier there were rating percentages that are assigned based on laboratory values. A good example of this is Aids related illness. The number of red blood cells and white cells found in the blood are the discriminating factors in this portion of the rating scheme. Some of the rating for this disease goes as follows:

“Recurrent constitutional symptoms, intermittent diarrhea, and on approved medication(s);   or minimum rating with T4 cell count less than 200, or Hairy Cell Leukoplakia, or Oral Candidiasis...30%

  Following development of definite medical symptoms, T4 cell count of 200 or more and less than 500, and on approved medication(s), or with evidence of depression or memory loss with employment limitations...10%.”

 

There are special considerations for a veteran’s rating called Special Monthly Compensation. There are cases where a veteran is just 20% for his back. This engenders a mild loss of movement range, yet in reality the veteran is on several medications for pain and muscle spasms. The vet can not walk to the mailbox without tiring, nor can he drive very far. Essentially the vet is confined to his house. With medical evidence he or she may be considered for House Bound benefits. There are also even higher benefits that can be added to the rating called Aid and Attendance if the veteran is in need of special higher level medical care for daily needs. 

To help ensure that you received a fair rating, use the VA provided website, www.warms.vba.va.gov. When you get there in the first box type your query and in the lower box select either “Compensation or Pension 21” or “38 Code of Federal Regulations.” This website is very thorough so patience and time are essential.