What Is a Static Disability Rating?
Is your rating disability a static disability rating? Do you know what a static disability rating is?A static disability describes a condition that’s considered permanent. This definition speaks to the nature, history, or severity of the disability. Once the disability is proven to be static the VA assigns a permanent evaluation that doesn’t need future examinations.
A static total disability means the impairment is expected to be life-long. For example:
Permanently unable to perform any function or being bedridden
Amputation or loss of the use of one or both hands and/or feet
Total incapacity where successful treatment isn’t a valid option
Blindness in both eyes
Static disability doesn’t include disability from acute infections, accidents, or injuries. Diseases that are determined to be static or otherwise permanent in nature are those backed by medical diagnosis and the record aren't viewed as likely to improve over time.
To achieve a permanent rating, none of the conditions that are used to reach 100% can be temporary. For example: A veteran who has a number of physical ratings plus one mental health rating that will add to 100%. The mental health rating is temporary and will not allow the veteran to access the benefits awarded to a 100% P & T (Permanent & Total Disability) veteran. Once this rating is in place 5 or more years and/or the veteran turns 55 years old, the mental health rating is likely to become permanent and the entire rating will then be a true 100% P & T.
A veterans list of disabilities have to be all static (permanent) to receive a 100 % permanent and total rating with no future exams scheduled.
Some Common Questions:
Is PTSD a Static Disability?
Yes it may qualify if there is no material improvement over 5 years, PTSD can receive a static disability designation. This rating will stand unless improvement occurs in the future.
Is Sleep Apnea a Static Disability?
If you have received a service-connected sleep apnea diagnosis or Your medical provider prescribed a long-term breathing assistance device; then this may qualify as a static disability.
What Is the Purpose of a VA Disability Rating?
Disability ratings reflect the severity of a veteran’s service-connected illness or injury. The rating determines the amount of compensation you’ll receive monthly. It also determines your eligibility for other VA benefits. For individuals with more that one disability, the VA calculates a combined rating. The combined rating involves more than just adding your separate ratings together. Thus, your combined rating may not equal the sum of your ratings.
Can the VA Reduce Your Disability Rating?
On occasion, a veteran may receive a letter stating the VA plans to reduce their rating. You will need to make sure you go to your re-examination. It’s common for the VA to schedule a reexamination about 5 years after the initial rating. There are, however, five (5) reasons why this type of exam should not occur. According to 38 CFR 3.327(b)(2), the VA can’t send you for a re-examination if:
Your disability hasn’t changed
There’s been no material improvement for 5 or more years
You are over the age of 55
You have a minimum rating already
Your combined disability rating won’t change
If you fail to go to the exam, the VA could reduce or stop all disability payments. It’s critical then, that you speak with the VA if you can’t attend the exam. All veterans have the right to ask for a predetermination hearing. You must make this request within 30 days of receiving the notice for an exam.
Persons unrelated to the proposed rate reduction case must conduct this hearing. This will allow you to present evidence and details that corroborate why a reduction should not occur.
You have the right to ask for a copy of your reexamination report. Check the documents for any errors. If you find any mistakes, you can request another exam. Equally important is verifying that your treatment records are complete and accurate. At times, the VA may have dated information or lack all pertinent data and details. You can give them additional and corrected records if they directly impact or will improve your case.
What Are Protected VA Disability Ratings?
Congress has established guidelines that designate specific conditions as “protected”. This means the VA won’t spend time evaluating the condition if it’s service-connected. There are specific rules that apply to these protected ratings.
The 5-Year Rule
Ratings that are in effect for 5 years are considered stabilized and can only be reduced if the disability shows sustained improvement.
10-Year Rule
The VA can’t deny a service-connected disability rating once it’s in effect for 10 years. If the VA shows evidence of improvement in the condition, it can reduce your compensation.
The only exception applies to cases where the VA proves an original fraudulent claim. In this instance, they can stop all benefits.
20-Year Rule
Once a rating is in effect for 20 years or more, the VA can’t reduce it below its previous lowest rating. If the VA proves a fraudulent claim, then it can revoke all compensation.
100% Rule
You can lose your 100% VA rating if the VA proves that your condition improved so you can work. This only occurs after a re-examination stating that improvement is more than temporary. In this case, the VA can reduce your compensation.
How to Apply for VA Disability Compensation
VA disability compensation is a monthly, tax-free check meant to replace job income. The amount reflects the severity of your disability. It’s not based on your income or any savings that you may accumulate. Before you submit your application, collect all your evidence. Once the VA accepts your application, you only have 360 days to complete the application, including proof of your claim.
We’ll Help You Gather Evidence for Your Claim
When applying for VA disability, you must meet three (3) main requirements:
You will need a diagnosis from a VA-approved medical provider. This may include a VA or private provider or specialist.
You will need to prove that your illness or injury has a direct service connection. This means that the diagnosis has a specific link to an incident or set of conditions. These causative events must have occurred during active training or combat.
Note: Exposure to Agent orange, for example, may constitute presumptive conditions due to the dangers of the substance while in specific areas during service. With this in mind, the VA may assume that your illness or injury is service-connected.
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