Increased Ratings / Compensation Rates
An increased rating means significantly more tax-free compensation benefits. Please review the current VA Compensation Rates, below. We will work with you to determine if you are eligible for a higher rating.
Already service-connected?
If so, you may be entitled to a higher rating for your service-connected impairment. This is something that we will assist you with. We will help you every step of the way – from filing the initial claim to completing the appeals process.
If you have more than one service connected impairment, the VA uses a combined rating table to determine your rating. This is also known as “VA math.”
Service connected impairments, or conditions, are rated on a scale of severity from 0% to 100% (in 10% increments). Most often, the VA gives low ratings on the initial decision and first time appeals.
Many Veterans have erectile dysfunction as part of a service-connected disability. The VA gives various ratings for this condition in order to determine the amount of disability compensation you will be eligible to receive for this affliction.
Causes of Erectile Dysfunction for Veterans
- It is a secondary effect of a service-connected condition such as PTSD.
- It is a side effect of a medication used to treat a service-connected condition such as depression, anxiety, or diabetes.
- It is due to a physical injury or trauma sustained during service that occurred to the lower body, groin, penis, or testicles.
ED Ratings Given By the VA
Disabilities are rated according to what level of disability you are experiencing. The rating determines your compensation amount. Ratings range from 0% or no disability to 100% or full disability. Unlike other disabilities, erectile dysfunction is not given a rating schedule but instead, uses the following to determine compensation:
- Code 7520 Partial removal of the penis. This gives a rating of 30%.
- Code 7521 Glans removal. This gives a rating of 20%.
- Code 7522 Erection difficulty due to physical deformity. This gives a rating of 20%.
- Code 7523 Atrophy of testicles due to reduced testosterone. This gives a rating of 20% if both testicles are affected and 0% if it affects only one.
- Code 7524 Removal of testicles. This gives a rating of 20% if both testicles were removed and 0% if only one was removed.
If your ED is due to a reason other than one of the above, and you are considered 0% disabled, you may still be eligible to receive disability compensation. There is another category called Special Monthly Compensation (SMC) which gives monthly compensation for the “loss of use of a creative organ.”
Proving Eligibility
If you suffer from ED, you will need to have the following to prove that you are eligible for disability compensation:
- Evidence that you suffer from ED
- Evidence that your ED is a service-connected disability
- Medical nexus from an expert that shows there is a connection between the ED and a service-connected disability.
Contact an Experienced Attorney
If you are suffering from a service-connected disability, the office of Sean Kendall, Attorney-at-Law, can help determine if you are eligible for compensation and answer any questions you may have about your disability claim. Contact us today to schedule a free, no-obligation consultation.
Related Links:
- Big Win for Ailing Veteran
- Tim Franklin’s Win for a Vet with Tinnitus & Prostate Cancer
- 100 Percent Rating Following Prostate Cancer Surgery
I began a series of blogs dealing with the various forms of special monthly compensation that are available to certain disabled Veterans in specific situations. This “Special Monthly Compensation” is applied because the level of compensation for the particular condition is not included within the Rating Schedule. This includes conditions such as erectile dysfunction, amputation of one or both limbs, payments for in home care, etc. Special Monthly Compensation is payable on top of the Veteran’s compensation for his overall disability evaluation. Today, I will be discussing the highest level of Special Monthly Compensation available to a disabled Veteran, Special Monthly Compensation, R.2.
Codified at Chapter 38 U.S. Code § 1114 (r)(2), the regulations states “if the Veteran, in addition to such need for regular aid and attendance,[1] is in need of a higher level of care, such Veteran shall be paid a monthly aid and attendance allowance at the rate of $2,983… if the Secretary finds that the Veteran, in the absence of the provision of such care, would require hospitalization, nursing home care, or other residential institutional care.” 38 U.S.C. § 1114 (r)(2). The regulation goes on to state that “need for a higher level of care shall be considered to be need for personal health-care service provided on a daily basis in the Veteran’s home by a person who is licensed to provide such services or who provides such services under the regular supervision of a licensed health-care professional.
The last portion of the rule really defines the requirement for this type of Special Monthly Compensation. It is not enough that you have a friend or family member that cares for you on a daily basis. To receive compensation under this rule, your service-connected condition has to be such that you require a medical professional to come to your home daily to care for you. Further, if you did not have this in-home medical care, you would require inpatient hospitalization for medical care. This special monthly compensation would be awarded in addition to the previous level of special monthly compensation afforded to the Veteran for his service-connected condition.
According to the VA.gov website, a Veteran who is eligible for SMC-R, without any dependents, is able to receive a maximum total of $9,535.91 in disability benefits per month. If the Veteran has a spouse, the payment increases to $9,721.69. It is important to remember that this compensation is only available to those Veterans who have the absolute highest level of disability recognized under the Rule.
An experienced Veterans’ Disability Compensation attorney is familiar with the various facets of this SMC as well as other forms of SMCs. Consultation with a Veteran’s Disability attorney could be invaluable in your selection and qualification for this Special Monthly Compensations.
[1] The requirements for Special Monthly Compensation Based on Aid and Attendance are discussed in my previous blog regarding Special Monthly Compensation.