A large number of my readership and clients are Disabled Veterans who are becoming informed about the differences between Social Security Disability and Veterans Service-Connected Disability. I have started another blog especially for the Veteran population at http://veteranaid.blogspot.com, where I will begin to offer information about this related and very complex process. One major difference between VA Service Connected Disability and Social Security Disability is that unlike Social Security Disability which is an "all-or-none" undertaking, there are varying degrees of Veterans Disability. These levels are expressed by diagnoses as percentages, which are then combined to create a composite disability rating that is then used to determine compensation.
A common concern that I hear from my clients is about the math that is employed when creating a composite disability percentage rating. The reason for much of this confusion centers on disability percentages not being added together, but rather applied sequentially to the residual capacity that the Veteran retains. The law that governs the calculations of these numbers may be found in the Code of Federal Regulations at 38 CFR 4.25.
I have also created a tool that may of of use when calculating or simulating various disability percentages. Click the blue link to use my online Disability and Bilateral Percentage Calculators. This tool is still in development, and is not a substitute for legal advice, so I would appreciate any feedback or compatibility issues you may have.
This blog, and the information herein is for informational purposes only, and should not be relied upon as legal advice. For more information about your particular situation, please contact Disability Attorney Thomas C. O’Brien.