South Carolina Veterans Disability Attorney

The disability rating system follows a schedule set by the VA, ranging from 0% to 100% in increments of 10. The higher the disability rating, the more substantial the disability compensation. For instance, a 10% rating would indicate a minimal disability and would yield a lower compensation amount, while a 100% rating would represent a complete disability and would result in the maximum possible compensation. If the VA believes your disability does not warrant at least a 10% rating, your request for disability benefits will be denied. 

The rating process begins when you file a claim for disability benefits. The VA will review the medical evidence provided to establish a clear link between your military service and disability. You may be asked to attend a compensation & pension (C&P) exam, during which a healthcare professional will evaluate the current state of your disability. 

The VA will then assign a disability rating based on the combined impact of all eligible service-related disabilities. These ratings are not merely added together. Instead, the VA uses a unique formula to determine the combined disability rating. For example, if you have one disability rated at 30% and a second disability rated at 20%, the combined rating is not 50%. Using the VA’s mathematical formula, the combined rating would likely be closer to 40%.

Your assigned disability rating is not necessarily permanent. it can be increased or decreased over time, depending on the progression or improvement of the disability. You have the right to request a reevaluation if they believe that your disability has worsened or if you develop a new disability related to your service. On the other hand, the VA can also initiate a reevaluation to determine if your condition has improved, which may result in a reduced rating.

Any misstep during the filing of your claim can lead to a lower disability rating than you deserve. If you feel you were given an insufficiently low disability rating, do not hesitate to reach out to Lanier Law Group, P.A. for help. 

Why Does the VA Deny Veterans Disability Claims?

There are several legitimate reasons why the Department of Veterans Affairs (VA) may deny veterans disability claims. The VA has also been known to deny claims for something as simple as filling out the wrong form. Understanding why denials happen can help you better navigate the application process and avoid potential pitfalls.

The VA frequently denies veterans disability claims because of:

• Insufficient medical evidence. A successful claim requires thorough medical evidence supporting the existence and severity of a disability. Failure to provide comprehensive medical documentation can lead to a denial of benefits.
• Lack of nexus. The VA requires a clear, well-documented connection between a veteran’s disability and their military service. If you cannot demonstrate this link, the VA may deny your claim.
• Character of discharge. Not all discharges qualify you for disability benefits. In general, only those veterans who have received an honorable or general discharge are eligible. If you were dishonorably discharged, your claim will likely be denied.
• Non-service-connected disability. For a disability to be considered for benefits, it must be a direct result of qualifying military service. Attempting to seek disability benefits for a condition that is not connected to your military service will result in a rejected claim.
• Failure to attend VA examinations. The VA may require you to undergo a compensation & pension (C&P) exam to evaluate the disability’s effect on your life. Missing these exams can result in claim denial, even if you have otherwise provided sufficient evidence and documentation.

Remember that receiving a denial for your claim is not the end of the road. You have the right to appeal a denied claim, a process in which our South Carolina veterans disability attorneys can make a significant difference.