Most military veterans who experienced a service-related disability are eligible for VA disability benefits. These benefits cover a wide range of injuries and illnesses. To determine the level of disability payments a veteran is eligible to receive, the VA uses a disability rating system to evaluate each case.

To apply for VA benefits, a veteran who was injured, diagnosed with an illness, or suffered psychological issues due to military service can apply for Veterans Service Related Disability Compensation. Most VA disability claim benefits include compensation for curative treatment, therapy, and other related expenses.

Unfortunately, in our opinion, hospitals and treatment centers run by the Department of Veterans Affairs – often referred to as “the VA” – are overwhelmed and understaffed. As a result, many veterans who seek medical treatment are mistreated or misdiagnosed and suffer additional injuries. Veterans who suffer injuries from medical malpractice during treatment at VA facilities deserve to be fully compensated.

At Robenalt Law, our VA disability lawyers help veterans injured by the negligence of doctors and VA staff responsible for providing treatment. We also represent families of veterans who died as the result of VA negligence during medical treatment.

What Is the VA Disability Rating Scale?

VA disability ratings use a percentage scale from 0 to 100 percent based on the severity of the veteran’s service-connected injury. A veteran does not need to be “totally” disabled to receive benefits, but must have a disability rating of at least 10%.

For veterans who have multiple disabilities, the VA rates each disability separately and combines them to arrive at an overall disability rating. The total amount of a veteran’s disability payment varies based on factors such as the severity of the injury and whether or not the veteran has children.

The Most Common VA Disability Claims

Veterans who suffered a service-related injury are eligible for VA disability payments. Here, we identify the most common claims for VA disability benefits.

1. Tinnitus

According to 2023 statistics, tinnitus was the most common VA disability claim. Tinnitus presents as the perception of noise or ringing in the ears without an external source. People who experience tinnitus describe the sound as a ringing, buzzing, humming, hissing, or clicking. The sensation can vary in intensity, pitch, and duration, and may occur intermittently or persistently.

Tinnitus is commonly caused by exposure to elevated noise levels. The condition can be aggravated by conditions such as head and neck disorders, Meniere’s disease, PTSD, traumatic brain injury (TBI), hearing impairment, and hypertension. The highest VA disability rating for tinnitus is 10%.

2. Limited Knee Flexion

Reduced knee flexion, or limited ability to bend the knee, can be caused by injury, arthritis, damage to or inflammation of muscles or tendons, infection, or lasting effects of post-surgical immobilization. Limited knee flexion can affect a person’s ability to perform activities that require bending the knee, such as walking, climbing stairs, or squatting.

Limited knee flexion is a type of musculoskeletal injury that can be aggravated by side effects from medication, depression, PTSD, TBI, reciprocal injuries (injuries to the other side of the body), and medical conditions that affect the spine, neck, back, hips, arms, legs, and feet.

3. Sciatic Nerve Paralysis

Sciatic nerve paralysis, also known as “sciatica,” is the pain experienced when the sciatic nerve is irritated. Sciatica is not the actual diagnosis, but is a way of describing the location of the pain. It refers to pain radiating along the path of the sciatic nerve, which branches from the lower back through the hips and buttocks and down each leg. Sciatica typically affects only one side of your body.

Sciatica is most commonly caused by a herniated disc, bone spur on the spine, or spinal stenosis (spine narrowing) compressing part of the sciatic nerve, which can lead to inflammation, pain, and numbness in the affected leg.

The VA disability rating for sciatica is between 0% and 20%.

4. Hearing Loss

Service-connected hearing loss is caused by exposure to excessive noise during military service. Hearing loss is diagnosed using an audiogram, which measures the level of hearing loss at various decibel levels. To qualify for VA disability benefits for hearing loss, a veteran must have an average loss of 26 decibels or more in at least three of the five frequency ranges. The VA may also consider a “speech recognition" score, which tests how well a veteran can hear a normal conversation based on their ability to hear various monosyllabic words. To be eligible for VA disability benefits, a veteran must prove the hearing loss is service-connected.

5. Lumbar or Cervical Strain

Lumbosacral or cervical strain refers to injured, stretched, or torn muscles or tendons in the neck or lower back. Lumbosacral or cervical strain is caused by overuse and trauma, and the pain caused by lumbosacral or cervical strain can limit range of motion. Typical VA disability ratings for lumbosacral or cervical strain range from 0% to 100%.

6. Post Traumatic Stress Disorder (PTSD)

Post-traumatic stress disorder (PTSD) is a mental health condition triggered by a traumatic event experienced during military service. Symptoms include flashbacks, anxiety, depression, anger management issues, problems in relationships or at work, and difficulty sleeping.

To qualify for VA disability benefits due to PTSD, a veteran may need to provide corroborating evidence such as detailed information about the traumatic event(s), “buddy statements,” or unit records or awards. The condition will be evaluated by a VA examiner to determine whether it is service-related.

Robenalt Law Represents Disabled Veterans in Lawsuits Against the VA

When veterans who seek care at the VA are mistreated or misdiagnosed, they may suffer additional injuries due to the negligence of VA hospital personnel. The VA disability lawyers at Robenalt Law help veterans injured by VA negligence and are prepared to fight for the compensation you deserve.

If you were injured by the negligence of a VA employee or agent, you can seek financial compensation through the Federal Tort Claims Act (FTCA), which covers medical malpractice claims against federal agents and employees. If your FTCA claim is successful, you may be entitled to compensation for:

• costs of medical treatment necessitated by the injury
• lost wages
• pain and suffering
• emotional distress
• disfigurement
• predictable future damages, such as impaired earning ability

The VA disability lawyers at Robenalt Law can evaluate your situation to determine whether you can file a claim under the FTCA.

Contact Robenalt Law Today

With offices in Cleveland and Columbus, Robenalt Law handles VA disability claims and lawsuits under the FTCA throughout Ohio and nationwide.

Call our Cleveland office at (216) 223-7535 or our Columbus office at (614)-695-3800 or contact us online to schedule a free, confidential, no-obligation appointment to discuss your situation and how we can help.