Military Disability Ratings and Personal Injury Cases

Becoming disabled while in the military is scary enough on its own. Add in dealing with the federal government’s red tape, and it can leave you truly down and out. The good news is that a reputable, well-informed Orange County military injury lawyer can assist with your claim, just like if you were injured in a car accident or slip and fall out in the civilian world. Regardless of your military status, people who were injured due to another party’s negligence have the right to an attorney and the right to be properly compensated for their losses. At the Law Office of William Bruzzo, our hard-working and caring team understands the emotional toll that a military disability can have and are eager to help.

What Is a Military Disability Rating? 

When a military member suffers a personal injury during their service, they will be assigned a Military Disability Rating (MDR) to determine the extent of their disability. The MDR is based on the Veterans Affairs Schedule for Rating Disabilities (VASRD), which outlines various conditions and assigns a rating percentage to each condition based on its severity. The ratings range from 0% to 100%, with higher ratings indicating a more severe disability. So, for example, being a quadriplegic or having severe brain damage would likely yield a 100% disability rating, whereas having a permanent tinnitus would lead to a lower score like 10%. Finally, the VASRD covers a wide range of physical and mental health conditions, including physical injuries, mental health issues, and chronic diseases. It takes into account the impact of these conditions on a person’s ability to work and perform daily activities.

How the VA Calculates Disability Benefits?

The VA calculates disability benefits based on the Military Disability Rating assigned to a service member. Each disability rating corresponds to a specific monetary compensation amount. Again, the higher the rating, the higher the compensation. Furthermore, to calculate disability benefits, the VA multiplies the service member’s disability rating by the Basic Monthly Rate (which is adjusted annually by the government). This calculation determines the monthly compensation amount the service member is entitled to receive. Note that the VA may sometimes assign additional special monthly compensation to service members with severely disabling conditions, such as loss of limbs or blindness.

How VA Disability Ratings Affect Compensation

The VA disability rating directly determines the amount of compensation you will receive. The monthly compensation can range from a few hundred dollars to several thousand dollars, depending on the severity of your condition.

In addition to the monthly compensation, higher disability ratings may also qualify service members for additional benefits, like access to healthcare services through the VA and financial assistance for dependents. Furthermore, service members with a disability rating of 30% or higher should be eligible for disability retirement from the military, allowing them to receive disability benefits while still serving or upon retirement.

Maximizing Your VA Disability Rating

Obtaining a fair and accurate disability rating will make or break the compensation you receive. Here are some ways to maximize your VA disability rating:

• Provide thorough and detailed medical documentation: Ensure that all your medical conditions and their impact on your daily life are well-documented. This includes medical records, specialist evaluations, and relevant test results.
• Obtain expert opinions, if necessary: Sometimes it can be beneficial to get the opinion of a medical expert who specializes in the specific condition you are dealing with. Their expertise can provide additional evidence to support your claim for a higher disability rating.
• Describe the full extent of your limitations: Be clear and specific when describing how your disability affects your ability to work and perform daily activities. Give detailed examples of the real challenges you face.
• Get Legal Representation: Working with a dedicated, renowned Orange County military injury lawyer can greatly increase your chances of obtaining a higher disability rating. At the Law Office of William Bruzzo, we understand the intricacies of the military disability rating system and can advocate for you throughout the process, ensuring that your rights are protected.

Eligibility Conditions for VA Disability

To be eligible for VA disability benefits, you must meet the following conditions:

• You must be a military veteran or a current service member.
• You must have a disability or a medical condition that is linked to your military service.
• The disability or medical condition must be rated by the VA as at least 10% disabling.
• The disability or medical condition must be deemed to be connected to your military service.

How an Orange County Military Injury Lawyer Can Help 

Just like dealing with an insurance company after a car accident, you will be taken more seriously and treated better if you have a lawyer on your side, enforcing your rights and demanding what is fair and just for you. Talking to an Orange County military injury lawyer and getting your initial questions answered is a great place to start. It really can make a significant difference in the outcome of your injury claim.

At the Law Office of William Bruzzo, our passionate legal team understands the unique challenges that military members face when seeking disability compensation for personal injuries. We have the knowledge, skills, and experience to navigate the VA disability rating system and fight for your rights. By working with us, you can expect:

• Thorough assessment of your case: We will carefully evaluate the details of your injury claim and determine the best approach to maximize your disability rating.
• Gathering necessary evidence: Our team will gather all relevant medical records, evidence, and expert opinions to support your claim for a higher disability rating.
• Legal representation: We will provide high-quality legal representation throughout the claims process, advocating for your rights and ensuring that you receive fair compensation for your injuries.
• Appeals assistance: If your initial disability rating is lower than expected, we will help you appeal the decision.

Don’t face the challenges of the military disability rating system alone. You have the right to an attorney, and you only stand to gain by exercising that right. 

Contact an Orange County Military Injury Attorney Now!

If you are a military member who has suffered a personal injury and needs assistance with obtaining a fair disability rating, contact the Law Office of William Bruzzo today. Our highly skilled team is dedicated to fighting for the rights of military service members in Orange County and ensuring you receive the compensation you are legally entitled to. Don’t wait, reach out to us now and let us guide you through the process of obtaining a fair disability rating. To set up a no-cost legal consultation or case review, reach out now to find a time that works for you.