Military veterans who have a service-connected disability have a right to seek benefits. As part of the claims process, they will be assigned a disability rating that, in large part, determines their monthly compensation. Unfortunately, the Department of Veterans Affairs (VA) does not always assign a rating that fully reflects the severity of a person’s condition or its impact on their daily functioning. At The Law Office of Paul J. Dombeck, PLLC, our Phoenix VA rights attorney has the skills and experience to help military veterans in Arizona challenge ratings that are too low. 

Reason #1: The C&P Examination Does Not Accurately Capture the Severity of the Disability

VA frequently relies heavily on a compensation and pension (C&P) examination when assigning a disability rating. The examination can therefore become a major source of an underrated claim if the examiner does not fully document the veteran’s symptoms, limitations, medical history, or functional impairment. VA itself confirms that disability ratings may be based on medical evidence, the C&P examination, and other information in the record. The key point is that the rating should actually capture the full extent of the severity of a veteran’s disability. 

You Have Legal Protection: Federal regulations require more than a superficial examination. Under 38 C.F.R. § 4.2, VA must interpret examination reports in light of the veteran’s entire recorded history. If an examination lacks sufficient detail for rating purposes, the rating board should return it as inadequate.

Reason #2: VA Does Not Fully Account for Functional Loss, Pain, and Flare-Ups

What a veteran can actually do (or not do) as a consequence of their service-related condition matters. A challenge is that some disabilities cannot be accurately rated by looking only at a single test result or range-of-motion measurement. This is particularly important with orthopedic conditions affecting the back, knees, shoulders, hips, and other joints. In many cases, the functional loss may be more severe than the VA initially suggests. 

Under 38 C.F.R. § 4.40, musculoskeletal evaluations must account for functional loss, including limitations involving movement, strength, speed, coordination, and endurance. The regulation specifically recognizes pain and weakness as relevant components of disability. If you or your loved one has any type of musculoskeletal condition, our Phoenix VA disability lawyer can help. 

Reason #3: The Evidence Does Not Show the Full Impact on Daily Life and Employment

VA disability ratings are intended to measure functional impairment, not simply the existence of a medical diagnosis. Under 38 C.F.R. § 4.10, disability evaluations consider how the affected body system or psyche functions under the ordinary conditions of daily life, including employment. The regulation requires medical examiners to describe how the disability affects ordinary activity.

A claim can therefore be underrated when the record documents the diagnosis but provides little information about its consequences. For example, medical records may establish chronic back pain without explaining that the veteran cannot sit for extended periods, lift ordinary objects, sleep normally, or perform required occupational tasks.

Reason #4: VA Overlooks Secondary Conditions or Separately Compensable Manifestations

A service-connected disability can cause additional medical problems. Under federal regulations, a disability that is due to or the result of a service-connected disease or injury can itself be service connected. The regulation also recognizes compensation for qualifying aggravation of a non-service-connected disability caused by a service-connected condition.

For example, an orthopedic disability could lead to neurological symptoms, or another service-connected condition could cause or aggravate a distinct secondary disorder. If VA evaluates only the original disability and fails to address an additional compensable condition, the veteran’s overall disability picture may be underrated.

Reason #5: VA Applies the Rating Schedule Too Narrowly or Selects the Lower Evaluation

Every service-connected condition must be evaluated under the applicable provisions of VA’s Schedule for Rating Disabilities. Problems can arise when VA applies the relevant diagnostic criteria too narrowly or fails to consider whether the veteran’s overall disability picture supports the next higher evaluation. When a disability falls between two evaluations, VA must assign the higher rating if the veteran’s disability picture more nearly approximates the criteria for that evaluation.

Reason #6: VA Fails to Assign a Higher Rating When the Disability Was More Severe

A service-connected disability does not necessarily remain at the same level throughout a claim or appeal. Symptoms can worsen, improve, and then worsen again. VA can account for those changes through staged ratings, meaning different disability percentages are assigned for separate periods based on the severity shown by the evidence. The United States Court of Appeals for Veterans Claims has recognized staged ratings in both initial-rating and increased-rating cases. If you have any questions about staged ratings, our Phoenix VA disability lawyer can help. 

Why Trust Our Arizona Veterans Disability Attorney 

Veterans have worked hard to serve our country. Yet, when it comes time for them to get access to the disability benefits that they need, it can sometimes be challenging. A rating that is too low will fundamentally undermine your claim and can lead to lower benefits. You and your family need the full financial support that is available under federal law. At The Law Office of Paul J. Dombeck, PLLC, we are committed to helping veterans secure the maximum available benefits. You do not have to navigate the VA disability claims process alone. Contact our Phoenix law office today to set up a free consultation with a top Arizona veterans disability attorney. 

Contact Our Phoenix Veterans Disability Lawyer Today

At The Law Office of Paul J. Dombeck, PLLC, our Phoenix veterans disability attorney invests time, resources, and attention to detail into each and every case. If you have any questions about a VA disability claim, we are here to help. Contact us right away for a free, no-obligation initial case review. With a law office in Phoenix, we handle VA disability claims in Maricopa County and throughout Arizona.