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Every veteran who has served their country honorably has the right to file a VA claim for disability compensation for disabling conditions related to their military service. The VA uses a collection of federal regulations referred to as the VA Schedule for Rating Disabilities (VASRD or rating schedule) to evaluate veterans’ disabilities stemming from all types of diseases and injuries from their time on active duty. Veterans with a service-connected condition may be entitled to tax-free monthly compensation. Millions of veterans like you depend on VA disability compensation benefits for your basic needs. If you have applied for VA disability and have been denied, rest assured that our experienced VA disability lawyer team at Gang & Associates will help you navigate the appeals process.
Veterans Affairs Schedule for Rating Disabilities (VASRD)
The VASRD is organized by 15 body systems as follows: (1) the Musculoskeletal System, (2) the Organs of Special Sense, (3) Impairment of Auditory Acuity, (4) Infectious Diseases, Immune Disorders and Nutritional Deficiencies, (5) the Respiratory System, (6) the Cardiovascular System, (7) the Digestive System, (8) the Genitourinary System, (9) Gynecological Conditions and Disorders of the Breast, (10) the Hemic and Lymphatic Systems, (11) the Skin, (12) the Endocrine System, (13) Neurological Conditions and Convulsive Disorders, (14) Mental Disorders, and (15) Dental and Oral Conditions. The 15 body systems include hundreds of disabling conditions. If a disabling condition is not listed, the VA will rate it under a closely related disease or injury. The VA updates the VASRD regularly, either adding or changing rating criteria for medical conditions to keep up with current medical information.
The Musculoskeletal System
Musculoskeletal conditions affect continual pain in the bones, joints, muscles, or connective tissues and can reduce mobility and dexterity temporarily or permanently. These conditions are the number one reason veterans seek treatment at the VA. Overuse and incremental microtraumas from military training are associated with 70% of military musculoskeletal injuries. Common disabling conditions of the musculoskeletal system include but are not limited to various forms of arthritis, back conditions, limb loss and amputations, spinal cord injuries, fractures and dislocations, soft tissue injury, shin splints, tendonitis, bursitis, gout, plantar fasciitis, fibromyalgia, and osteoporosis.
The Organs of Special Sense
This system includes diseases and disorders of the eye and disturbances in the field of vision. Eye conditions can result from injuries, damage from exposure, and illnesses contracted while in service. Conjunctivitis, retinal conditions, corneal conditions, cataracts, glaucoma, conjunctivitis, and impairment of visual acuity (e.g., double or blurry vision, loss of peripheral vision, and blindness in one or both eyes) are among the more common disabling conditions. Eye conditions are rated based on central visual acuity, visual field, and muscle function. An eye condition may be eligible for VA disability if it causes permanent or chronic damage. Acute injuries to the eyes that are resolved are usually not compensable. Congenital disabilities of the eye may not be considered as a disability.
Impairment of Auditory Acuity
Hearing problems are one of the top service-connected disabilities among veterans. This category includes hearing loss and tinnitus (ringing in the ears). Tinnitus is the number one VA disability, with hearing loss in the top three. Service members have higher rates of tinnitus than nonveterans due to the noise they encounter while in service, such as aircraft, machinery, gunfire, etc. Veterans can receive up to a 10% disability rating for tinnitus. The VA has proposed eliminating the separate rating for tinnitus to take effect sometime this year.
Did you know as a veteran, you are 30% more likely than a nonveteran to suffer severe hearing loss? Typical disability ratings for mild to moderate hearing loss range from 0 to 10%, with more severe hearing loss resulting in a higher rating. A veteran with hearing loss and tinnitus may receive a rating for each condition. Other conditions in this body system category include inner ear disorders that lead to dizziness with or without staggering, vertigo, and Meniere’s syndrome.
Infectious Diseases, Immune Disorders and Nutritional Deficiencies
Infectious diseases result from exposure to germs, including bacteria, fungi, and viruses. This category includes conditions such as malaria, West Nile virus, and sexually transmitted diseases (STDs), including HIV. Immune disorders (autoimmune diseases) occur when the immune system attacks its own body. This category includes conditions such as chronic fatigue syndrome, celiac disease, rheumatoid arthritis, and Gulf War syndrome. Both infectious diseases and autoimmune disorders can occur for several different reasons. There are unique aspects of military service, such as environmental contaminants, linked to various illnesses. Lastly, nutritional deficiencies, or malnutrition, occur when the body does not receive enough nutrients to function correctly, such as avitaminosis (scurvy, rickets, night blindness). Diet, surgical residuals, environment, or other diseases can cause these deficiencies.
The Respiratory System
If you have a respiratory condition or other breathing issue resulting from a current lung condition or lung disease, you may be eligible for VA disability. Exposure to environmental hazards during military service can lead to several respiratory conditions in veterans. Such conditions include but are not limited to asthma, sinusitis, rhinitis, emphysema, COPD, and sleep apnea. Veterans can only be rated for one respiratory condition, even if diagnosed with more than one. The VA recognizes certain presumptive respiratory conditions under the PACT Act based on presumed exposure to specific environmental hazards and airborne conditions such as Agent Orange, other toxic substances, and burn pits for veterans who served in particular theaters of operation at home or abroad on specified dates. These conditions include asthma, sinusitis, rhinitis, bronchitis, chronic obstructive pulmonary disease (COPD), tuberculosis, pulmonary fibrosis, respiratory cancer, etc.
The Cardiovascular System
Cardiovascular disease encompasses conditions that affect the heart or blood vessels, ranging from coronary artery disease and hypertension (high blood pressure) to heart attacks and strokes. It is the leading cause of hospitalization in the VA healthcare system and is a significant cause of disability. It is also essential to veterans because it is associated with several other diseases that affect them. For example, there is a correlation between veterans who have been diagnosed with diabetes, a spinal cord injury, or post-traumatic stress disorder (PTSD) and eventual heart conditions. Studies have shown that veterans may have a greater likelihood of developing heart disease due to service-related stress and exposure to certain herbicides such as Agent Orange. Therefore, coronary artery disease is a presumptive service-connected disease for certain veterans serving in certain theaters of operation during specified periods.
The Digestive System
Gastrointestinal problems, including irritable bowel syndrome (IBS), diverticular disease, colitis, ulcers, hemorrhoids, pancreatitis, celiac disease, and acid reflux (GERD) are all examples of disabling conditions in this category. The VA will not award two separate ratings for conditions that have similar symptoms and affect the digestive system. This is called pyramiding, meaning rating the same disability or same symptom more than once, even if the causes of the two symptoms come from two or more disabilities.
There are several possible causes for diseases and disorders of the digestive system in veterans, including contaminated food or water or a lack of fresh produce and fiber during deployments, weakened immune systems due to combat stress, and vaccine injuries from certain in-service vaccines. A presumptive service connection exists for certain gastrointestinal conditions for veterans who served in a specific theater of operation during a specified period. As an example, certain Gulf War veterans may qualify for service connection on a presumptive basis for such conditions as functional constipation and functional diarrhea. Certain veterans who served at Camp Lejeune during a specified period exposed to contaminated drinking water on the base may qualify for a presumptive service connection for liver cancer.
The Genitourinary System
This system, which rids our body of unwanted liquid waste, encompasses the urinary (kidneys, ureters, bladder, and urethra) and genital (reproductive) organs. Diseases of the genitourinary system usually result in disorders relating to renal or voiding dysfunction, infections, or a combination of these. The VA offers ratings for the following conditions of the genitourinary system: bladder conditions, urethra conditions, urinary tract infections, epididymis and prostate gland conditions, kidney conditions, genitourinary system passage restrictions (hydronephrosis, stones, strictures, etc.), penis and testes conditions, tuberculosis of the genitourinary system, and cancer and tumors of the genitourinary system. Examples of common disorders relating to these conditions include urinary incontinence, sexual dysfunction including erectile dysfunction, kidney failure, kidney stones, prostate cancer, and uterine cancer. The VA can award only one rating for multiple genitourinary system conditions causing the same symptoms. However, if you have two genitourinary system conditions, each affecting a separate function (renal and urinary), they can be rated independently.
Gynecological Conditions and Disorders of the Breast
Many female veterans develop gynecological conditions during their military service. These conditions affect the regular function of the female reproductive organs (breasts, uterus or womb, fallopian tubes, ovaries, vulva, and vagina). Some of these conditions have a lifelong impact, such as loss of reproductive organs (e.g., removal of the ovaries). Other gynecological conditions include surgery or malignant neoplasms of the breast (breast cancer), urinary tract infections, bacterial vaginosis, endometriosis, infertility, menstrual disorders, and uterine fibroids. Natural menopause, pregnancy, and childbirth are not disabilities for rating purposes. However, chronic residuals of medical or surgical complications of pregnancy may be disabilities for rating purposes.
The Hemic and Lymphatic Systems
This body system covers procedures of the spleen, bone marrow, stem cells, and lymph nodes. Exposure to toxic chemicals in the U.S. and overseas during military service has been linked to various hemic and lymphatic system diseases. Common service-related diseases veterans may develop include lymphedema, anemia, sickle cell anemia, blood and bone marrow cancers, lymphoma, leukemia, and myeloma. Hemic and lymphatic system cancers are specifically associated with the Camp Lejeune contaminated tap water issue.
The Skin
Military service can cause skin conditions that cause disfigurement, pain, and irritation, adversely affecting your life. Common skin conditions include dermatitis, eczema, psoriasis, hives, acne, chloracne, scars and disfigurement, and skin cancer. Some of these skin conditions are presumptive, such as chloracne for a veteran who was exposed to Agent Orange in Vietnam. In such a case, the veteran does not need to show a medical nexus between the disabling condition and his military service. Multiple ratings may be awarded for skin conditions if each has a clear and distinct diagnosis and affects a different skin area.
The Endocrine System
The endocrine system, which comprises all the body’s hormones, helps regulate bodily processes, such as blood sugar, energy, and reproductive organs. You may develop an endocrine disorder when your endocrine system is not functioning correctly due to impaired bodily processes or hormone production. Endocrine disorders related to military activities are common. These activities range from drinking the local water at Camp Lejeune to being deployed to a high-stress combat zone. Intense training exercises, lack of sleep, high-pressure military environments, and exposure to toxins can impact a service member’s hormone levels in the endocrine system. Endocrine-related disorders eligible for VA benefits include hyperthyroidism, hypothyroidism, Cushing’s syndrome, Addison’s disease, and hyperpituitarism.
Neurological Conditions and Convulsive Disorders
Disabilities relating to this system include but are not limited to migraines, nerve damage, neuropathy, multiple sclerosis, Guillain-Barre syndrome, traumatic brain injury, sciatic nerve paralysis, epilepsy, and restless leg syndrome. Most conditions affecting your nervous system are considered chronic, presumptive conditions. Veterans suffer from neurological conditions for a variety of reasons, such as exposure to toxic materials, getting struck by an object, or experiencing PTSD. If you have a condition affecting your nervous system, the VA can compensate you for each affected bodily extremity.
Mental Disorders
One-third of all veterans are rated for at least one mental health disorder by the VA. Research studies show veterans who have deployed are more prone to mental health conditions than civilians. The VA rates all mental health conditions under the criteria from the Diagnostic and Statistical Manual for Mental Disorders 5th Edition Text Revision (DSM-V-TR) published by the American Psychiatric Association. Mental disorders recognized by the VA include schizophrenia, anxiety disorder, obsessive-compulsive disorder, PTSD, bipolar disorder, major depressive disorder (MDD), chronic adjustment disorder, and eating disorders (bulimia or anorexia). If the VA rates you for more than one mental health disorder, the VA will only assign one disability rating that takes into account the symptoms of all service-connected mental health diagnoses.
Dental and Oral Conditions
Dental and oral conditions rated by the VA for compensation are service-connected conditions that affect how well your mouth functions, such as conditions that affect your ability to chew or eat long-term. Examples are loss of jaw bone, loss of hard palate, loss of teeth not attributable to natural age-related diseases, and temporomandibular disorder (TMD or TMJ). The VA may also service-connect you for a non-compensable dental or oral condition, such as periodontal disease, for treatment purposes only.
Contact a VA Disability Lawyer at Gang & Associates
If you have filed a VA claim for a disabling condition resulting from one of the 15 body system categories above, and your claim has been denied, or if you wish to request an increase in your disability rating, a VA disability lawyer at Gang & Associates can get you on the right track. We concentrate only on veterans’ disability law and employ highly skilled professionals proficient in handling the most complex VA disability cases relating to all 15 body systems listed in the VASRD. We have a winning track record to stand behind. You may contact us directly for a free consultation and evaluation of your case. Remember, you have one year from the date of your decision later to file an appeal.