How The VA’s Disability Ratings Are Hurting Veterans
The Department of Veterans Affairs (VA) still relies on the 1945 “whole person” formula for disability ratings, which assumes that each condition affects the veteran independently. However, research shows this assumption is flawed, often leaving veterans undercompensated for interconnected disabilities.
For example, veterans with post-traumatic stress disorder (PTSD) are at significantly higher risk for obstructive sleep apnea, with studies showing comorbidity rates around 50%. Among younger veterans, nearly 70% screen positive for high sleep apnea risk, with severity of PTSD strongly correlated. Veterans with both PTSD and depression show even higher rates of sleep apnea. These findings show that the presence of one condition increases the likelihood and severity of another. The VA’s independence-based model fails to account for this interaction, which explains why some veterans are rated only 90% despite severe impairment.
The VA’s rating system does not add percentages linearly. Instead, each disability rating is applied to the remaining portion of the veteran considered “healthy.” For instance, a 50% rating leaves 50% efficiency; a subsequent 30% rating applies to that remainder, resulting in a combined 65% total, rounded to 70% for pay purposes. As multiple impairments accumulate, each additional rating contributes less to overall compensation.
This creates a substantial gap between 90% and 100% ratings, which affects both pay and benefit eligibility. Many benefits, including healthcare, special housing, and vocational support, are tied to the 100% threshold. As a result, veterans may pursue secondary-condition claims for conditions like eczema, tinnitus, or sleep apnea, which often develop or worsen due to service-related trauma.
Veterans may achieve full compensation through either a schedular 100% rating or individual unemployability (IU). IU requires proof of inability to maintain gainful employment and effectively caps income, while schedular 100% imposes no work restriction. Consequently, two veterans may receive identical pay but face very different restrictions on their ability to.
VA rules allow compensation for conditions that cause or aggravate others, creating chains of linked impairments. PTSD may lead to insomnia, which can cause weight gain, sleep apnea, hypertension, and back pain, each step potentially compensable if documented.
Although reform proposals have been suggested since 2007, the VA has largely resisted making major changes. The current system still values physical disabilities more than cognitive, mental health, or fatigue-related conditions, relying on a rating schedule created decades ago for physical impairments. Disability pay, originally meant to replace lost wages, has evolved into a tax-free, lifetime benefit that can extend to dependents, often without proof that the veteran is still unable to work. In this system, the highest level of impairment provides the most compensation.
Learn More About Veterans Benefits
The VA needs reform. It needs to move away from the outdated formula that assumes each disability is independent.
But change needs to happen soon, as veterans are facing the consequences. Make sure you get the benefits you deserve with help from a White Plains veterans disability benefits lawyer from The Law Office of Michael Lawrence Varon. Call 914-294-2145 or fill out the online form to schedule a consultation.
Source:
thehill.com/opinion/healthcare/5597999-va/
