If you are a veteran living with post-traumatic stress disorder (PTSD), it is crucial to understand how the Department of Veterans Affairs (VA) assigns your disability rating. This can make all the difference when it comes to receiving the benefits you have earned and avoid leaving critical support behind. 

At Tabak Law, LLC, our team of experienced attorneys help Milwaukee veterans navigate this complex process every day. We understand the challenges veterans face and work hard to ensure you receive the benefits you deserve.

What Is a VA Disability Rating?

The VA uses a rating system based on percentages to measure the severity of service-connected disabilities. For PTSD, ratings range from 0% to 100%, in increments of 10%. The higher the rating, the more compensation you will receive each month. Even a rating of 0% is important, as it officially recognizes your service-connected condition. It can later be increased if your symptoms worsen.

The rating directly affects your monthly payment. A 100% rating leads to significantly higher compensation compared to a 50% rating. Therefore, it is important to understand and challenge your assigned percentage.

How the VA Evaluates PTSD Severity

To assign a PTSD disability rating, the VA considers several factors under 38 C.F.R. § 4.130, which governs the rating of mental disorders using the General Rating Formula for Mental Disorders. Evaluators consider:

• The frequency, duration, and severity of psychiatric symptoms.
• Periods of remission and the veteran’s ability to function during these periods.
• Occupational impairment, such as the inability to hold or maintain employment.
• Social impairment, including difficulties maintaining relationships.

Importantly, the VA cannot base a rating solely on social impairment. Instead, occupational functioning should also be taken into account.

The PTSD Rating Levels Explained

The VA’s general rating formula links specific symptoms to specific scores:

• 10% Rating – Mild or transient symptoms that may decrease work efficiency during periods of significant stress or are controlled by continuous medication.
• 30% Rating – Occasional decrease in work efficiency and difficulty with tasks and relationships outside of work under stress.
• 50% Rating – Reduced reliability and productivity at work with symptoms such as flat affect, panic attacks, impaired memory, difficulty understanding complex instructions, and difficulties with work and family.
• 70% Rating – Deficiencies in most areas of life, including work, school, family relationships, and judgment, along with more severe symptoms such as suicidal thoughts, obsessive behaviors, near-constant panic, and lack of impulse control.
• 100% Rating – Total occupational and social impairment due to symptoms such as persistent delusions or hallucinations, persistent risk of harming oneself or others, significant impairment in thinking processes, memory loss, and confusion about time and place.

There is also a mandatory rule: if a highly stressful event leads to a service member being discharged early, the Veterans Affairs (VA) must assign a rating of at least 50%, followed by a re-evaluation six months after discharge.

How the 2010 Regulatory Change Helps Veterans

A critical regulatory update, effective July 13, 2010, streamlined the process for non-combat veterans. Previously, veterans had to provide corroborating evidence to prove that a specific stressful event actually occurred, which could be a difficult task. Under the new rule, a veteran does not need to independently verify the stressful event if:

• A VA psychiatrist or psychologist confirms that the stressful event was sufficient to cause PTSD.
• The stressful event is consistent with the veteran’s military service.
• There is no clear and convincing evidence in the record that contradicts the stressful event.

This change has opened the door for thousands of veterans who were previously denied access.

Why Your Rating Might Be Wrong — and What to Do

The VA often underestimates PTSD. Rating examiners may miss the severity of symptoms, relying on short C&P exams or failing to take into account how symptoms interact with work performance. Veterans have the right to appeal a wrong rating through the Board of Veterans’ Appeals.

An experienced disability attorney can help veterans gather medical evidence, obtain expert opinions, and present a strong case for the most accurate rating possible.

Contact Tabak Law Today

You fought for your country, and now we want to fight for you. At Tabac Law, we understand the Veteran’s Disability Rating System inside and out, and are here to help. We offer free consultations, and we are ready to assist you in pursuing the benefits you have earned. Contact us today, and let’s get started.