What Foot Problems Qualify for VA Disability

Posted by Berry Law on May 15, 2024 in Veterans Disability

Foot injuries are common among Veterans, and the impact they have on daily life can be significant. Fortunately, the Department of Veterans Affairs (VA) recognizes this and offers disability compensation to eligible Veterans suffering from service-connected foot injuries. However, navigating the VA disability rating system isn’t necessarily easy.

By understanding the eligibility requirements, gathering the necessary documentation, and completing the application process, Veterans can access the compensation they need and deserve. For more information on VA disability, continue reading below.

What is VA Disability Compensation?

Veterans with disabilities connected to their service  may be eligible for VA disability compensation. This program provides monthly tax-free payments based on the severity of the disability, rated as a percentage (from 10% to 100%). Even seemingly minor conditions that impact daily life can qualify.

The amount of compensation awarded depends on the disability rating assigned. The VA rounds each disability or condition to the nearest 10%, and it must be connected to active duty or active-duty training.

What VA Disability Rating Can Be Expected for Foot Injuries?

Unlike other disabilities, foot injuries don’t have a pre-determined rating. Instead, the VA assigns a rating based on the severity of the injury and its impact on a Veterans daily life, using the Schedule for Rating Disabilities (SRD). This means the rating can range from 10% to 40%, depending on factors like:

• Pain: Constant pain, especially impacting walking or weight-bearing activities, can significantly impact a rating.
• Limitation of motion: Restricted movement in a Veteran’s ankle, toes, or other foot joints can affect their ability to perform daily tasks.
• Deformity: Permanent foot deformities like bunions, hammertoes, or ankle instability can influence a rating.
• Secondary conditions: Foot conditions can lead to other problems like arthritis or nerve damage, which can be considered when determining a rating for a Veteran.

The VA Disability Rating Process

For Veterans who experience lasting impairments due to their service, the VA Disability Rating process offers a pathway to receive financial compensation and access to healthcare benefits. Yet, this system can get complex and overwhelming at times.

Eligibility and Claim Submission:

The first step involves determining eligibility. Veterans must have served in active duty, Reserves, or National Guard for a minimum period, with a discharge other than dishonorable. To initiate the claim, Veterans can submit VA Form 21-526EZ online or by mail, accompanied by any supporting evidence such as medical records and witness testimonies. Seeking assistance from Veterans Service Organizations (VSOs) can prove invaluable throughout this stage.

Development and Evidence Gathering:

Once the claim is filed, the VA may schedule a medical examination (Compensation and Pension exam) to assess the disability further. hey may also request additional medical records or other evidence to strengthen the claim. Cooperating with these requests promptly can expedite the process.

Rating Decision and Appeal Process:

The VA uses a standardized Disability Rating Schedule (DR Schedule) to assign a disability rating based on the severity of the condition and its functional impact. This rating translates into a monthly compensation amount. If a Veteran disagrees with the assigned rating, they have the right to appeal within one year. This involves requesting a review of the claim at various levels within the VA, and ultimately, the courts.

Common Foot Injuries for Veterans and Their VA Rating Criteria

Many Veterans experience foot injuries due to the demanding nature of military service. These injuries can range from common conditions like plantar fasciitis to more severe scenarios like amputations. Here’s a breakdown of some common foot injuries in Veterans and the VA’s rating criteria:

Plantar fasciitis: This inflammation of the tissue connecting the heel to the toes is often rated at 10%, but the rating can increase if it significantly restricts mobility and daily activities.

Flat feet: Depending on the severity and functional limitations caused by the flat feet, the VA assigns ratings ranging from 10% to 50%.

Bunions and hammertoes: These bony deformities typically receive a 10% rating, but if they cause pain and interfere with daily tasks, the rating might be higher.

Fractures: The rating for fractures varies greatly depending on the severity, location, and any healing complications.

Tendonitis and ligament tears: Similar to fractures, the rating is based on the degree of pain, movement limitations, and impact on daily life caused by the injury.

Amputations: Depending on the extent of the amputation, the VA assigns ratings ranging from 40% for a partial foot amputation to 90% for a full amputation.

It’s important to note that these are just general guidelines, and the VA considers a variety of  factors when determining a specific disability rating. This includes medical evidence, Veteran statements, and expert opinions. Veterans with foot injuries are encouraged to seek a VA evaluation to determine their eligibility for disability compensation. Remember, the VA is dedicated to supporting Veterans, and understanding a disability rating can help them access the benefits they deserve.

What Monetary Compensation Can be Expected for Foot Injuries?

The amount of compensation a Veteran can receive depends on their assigned disability rating and dependency status. Veterans can use the VA’s online benefits calculator to estimate their potential monthly benefit amount.

Factors affecting compensation:

• The severity of the injury: More severe injuries, like fractures requiring surgery or chronic pain conditions, generally lead to higher compensation than minor sprains or bruises.
• Impact on life: The degree to which the injury affects a Veteran’s daily activities, work, hobbies, and overall quality of life may be considered a factor.

Is it Possible to Receive TDIU for Foot Injuries?

While a single foot injury might not qualify for Total Disability Individual Unemployability (TDIU) benefits, Veterans with foot injuries combined with other service-connected disabilities may be eligible. Here’s a breakdown of the key points:

Additional Considerations:

• The VA considers various factors when evaluating TDIU claims, including age, education, and work experience.
• Consulting an experienced attorney can be beneficial for taking on the application process and gathering necessary evidence.
• Thorough documentation and strong evidence are crucial for success.

How Can One Appeal Their VA Disability Rating?

If a Veteran believes their VA disability rating doesn’t accurately reflect their situation, they have the right to appeal the decision. Here’s how the process works:

1. File a Notice of Disagreement (NOD): This is the first step and allows Veterans to explain why they disagree with the VA’s decision and provide any additional evidence that supports their claim. The NOD should be clear, concise, and outline the reasons for the appeal.
2. Request a Decision Review: This option allows a senior reviewer to re-evaluate the case based on (1) supplemental: new evidence submitted by the Veteran, or (2) higher-level review: evidence already contained in the record.
3. Appeal to the Board of Veterans’ Appeals (BVA): If the Veteran remains dissatisfied with the outcome of the Decision Review, they can formally appeal to the BVA. This multi-level process requires careful preparation and following specific procedures. Considering legal advice before proceeding with this option is recommended.
4. Seek Legal Representation: Consulting a lawyer who is familiar with Veterans’ disability law can be highly beneficial. They can guide Veterans through the appeals process, ensure they meet all necessary requirements, and present their case effectively.

Berry Law: Veterans Serving Veterans

The team at Berry Law is dedicated to assisting Veterans in their pursuit of disability benefits. If a Veteran served and was denied disability benefits by the VA for their foot injuries or received a rating lower than expected, Berry Law can provide assistance. Those interested can contact Berry Law today at 888-682-0751 to schedule a case evaluation and proceed with seeking the deserved VA disability compensation.