At Tabak Law, we recognize that behind each case is a person facing a challenging situation. For our veterans, this situation often involves navigating the intricate system of Veterans Affairs (VA) disability benefits. It is our mission to help our clients transition from hardship to hope. A crucial aspect of this is demystifying the appeals process. If you have had a claim denied or received a lower rating than expected, you do not need to go through the appeal process alone.

The Foundation: What is a VA Disability Rating?

A VA disability rating is a percentage assigned by the U.S. Department of Veterans Affairs that represents the average impairment in your earning capacity caused by service-connected disabilities. This rating, which ranges from 0% to 100%, determines the amount of monthly tax-free compensation you receive. The rating is not a measure of your overall health, but rather the severity of specific service-connected conditions.

How Does the VA Decide My Rating?

The VA uses a crucial resource called the VA Schedule for Rating Disabilities (VASRD), often referred to as the “rating schedule”. This comprehensive manual contains diagnostic codes for hundreds of conditions, each with specific criteria detailing what symptoms and levels of severity warrant a 10%, 30%, 50%, or higher rating.

For example, a knee condition might be rated based on the range of motion, stability, or need for a brace. The assessor will review your medical records, including your C-file (Claims File), and compare your symptoms with the VASRD criteria to determine a percentage for each disability.

Combining Multiple Disabilities: It’s Not Simple Addition

If you have more than one service-connected disability, the VA does not simply add the percentages together to determine your total disability rating. Instead, they use a “combined ratings table” that considers the cumulative effect of all your disabilities. This table calculates a total rating based on the “whole person” concept, which means that each additional percentage of disability is applied to the non-disabled portion of your life. As a result, the combined rating may be lower than the sum of individual ratings for each disability.

Key Factors for a Successful Claim in 2026

The core principles of the VA system have remained consistent, but it is still important to stay informed. As we move forward into 2026, veterans need to be aware of the following essential elements:

• Service Connection: You must prove that your disability is related to your military service. This could be a direct result of an injury that occurred during service, a secondary condition caused by another service-related condition, or an aggravation of a pre-existing condition due to service.
• Medical Evidence: A successful claim relies on strong medical documentation. This includes current diagnoses, evidence of in-service events or injuries, and a medical connection between the two. Detailed medical records and sometimes the opinion of an independent medical professional are crucial.
• The Duty to Assist: The VA has a legal “duty to assist” you in developing your claim. This means that they should help you obtain relevant military and medical records, and they may provide you with VA medical examinations. However, relying solely on the VA is not the best strategy for success. Providing your own strong evidence is always the best approach.

Why Claims Are Denied or Underrated

The VA may sometimes wrongfully deny claims or give a low rating due to several reasons, such as:

• Lack of a clear connection between the condition and military service.
• Insufficient medical evidence to meet specific VASRD criteria
• Missing or overlooked records.
• A VA examiner giving an inadequate or negative opinion.

Speak With a Veteran’s Benefits Attorney Today

You have sacrificed so much for your country. You deserve an accurate disability rating that reflects the true impact of your service. If the Veterans Affairs (VA) decision does not align with your experience, it’s time to take action. With a dedicated advocate by your side, you can challenge the decision and seek a fairer outcome.

Do not accept an inaccurate rating or denial as the final word. Tabak Law has experience and a unique insider perspective that can help guide you through the appeals process. We are here to fight for the benefits that you have earned.
Schedule a free, no-obligation consultation with us today to start the appeals process and get the support you need.