10 Most Common Disabilities for Veterans and How They’re Rated
CCK Law: Our Vital Role in Veterans Law
According to VA’s Annual Benefits Report for Fiscal Year 2023, there are approximately 5.7 million disabled veterans receiving compensation for 37.3 million disabilities (i.e., about 6.5 disabilities per veteran).
Veterans often fail to report common disabilities for various reasons, including reluctance to ask for help or to deal with the VA claims bureaucracy. However, veterans are entitled to compensation by law. Also, if veterans are unable to support themselves or their loved ones, a high VA disability rating can be crucial for safety and peace of mind.
In this article, we will discuss the most common VA disabilities and how they are rated by VA for compensation.
The Most Common VA Disabilities
Here is a list of the most common service-connected disabilities currently receiving compensation as of 2023:
- Tinnitus: 2,944,093
- Limitation of flexion, knee: 1,853,161
- Paralysis of the sciatic nerve: 1,502,563
- Hearing loss: 1,491,093
- Lumbosacral or cervical strain: 1,453,400
- Post-traumatic stress disorder: 1,451,153
- Limitation of motion of the arm: 1,034,311
- Limitation of motion of the ankle: 1,028,010
- Migraine: 954,038
- Scars, general: 937,680
The list of new VA disability claims (2023) is slightly different:
- Tinnitus: 220,261
- Limitation of flexion, knee: 142,841
- Lumbosacral or cervical strain: 116,810
- Limitation of motion of the arm: 100,919
- Scars, burns (2nd degree): 89,337
- Hearing loss: 81,406
- Limitation of motion of the ankle: 77,488
- Paralysis of the sciatic nerve: 72,520
- Migraine: 69,947
- Post-traumatic stress disorder: 67,857
What Is the Most Common 100 Percent VA Disability?
Typically, it is not a single condition that qualifies a veteran for a 100 percent disability rating.
The most common path to a 100 percent disability rating is usually a combination of conditions that together make it difficult for a veteran to work or carry on a normal life.
Some examples include one or more of the following:
- A combined VA rating resulting in 100 percent disability
- Post-traumatic stress disorder
- Particularly intrusive injuries such as paralysis, blindness, or loss of limbs, often bilateral
Tinnitus
According to VA’s 2023 compensation report, tinnitus is the most common disability, with over 2.9 million approved claims.
Tinnitus refers to the perception of noise or ringing in the ears. Most often, tinnitus is a symptom of an underlying condition, such as hearing loss, ear injury, or a circulatory system disorder. The most common symptoms of tinnitus may include phantom noises in the ears such as: ringing, buzzing, roaring, clicking, hissing, and humming.
Tinnitus is a common service-connected condition because of exposure to loud noises such as gunfire, machinery, armored vehicles, and aircraft. In addition, many veterans cope with traumatic brain injuries (TBIs) stemming from traumatic injuries like exposure to improvised explosive devices (IEDs), which can also lead to tinnitus.
Importantly, veterans with tinnitus do not need a specific diagnosis to be granted service connection. Instead, veterans can provide a subjective report of their symptomatology. VA will then decide if their tinnitus is related to their military service.
After service connection for tinnitus is established, VA will award a disability rating based on the severity of your medical condition. VA rates tinnitus under 38 CFR § 4.87, Schedule of Ratings — Ear, Diagnostic Code 6260. The highest-possible schedular rating for tinnitus is 10 percent. It is very rare that veterans will receive higher than that on an extraschedular basis.
Limitation of Flexion of the Knee
As of 2023, the second most common VA claim was “limitation of flexion, knee.”
Limitation of flexion of the knee refers to the range of motion of the knee as the veteran flexes it, or moves it inward towards their body. Knee conditions are very common amongst veterans. Limitation of flexion of the knee is just one type of knee condition that is eligible for VA disability compensation if service-connected.
Limitation of flexion of the knee is rated as a musculoskeletal condition. The rating criteria are based on how far the veteran can bend their knee:
- 50%: extension limited to 45 degrees
- 40%: extension limited to 30 degrees
- 30%: extension limited to 20 degrees
- 20%: extension limited to 15 degrees
- 10%: extension limited to 10 degrees
- 0%: extension limited to 5 degrees
Even if a veteran cannot show limitation of movement, VA’s regulations say that veterans should be given at least a 10 percent rating if they can show painful motion. As a result, the most common rating VA assigns for limitation of flexion of the knee is 10 percent.
However, VA often underrates knee conditions. VA examiners are supposed to pay attention to other indicators of functional loss such as weakness, interference with sitting and standing, pain on motion, and fatigability. This does not always occur and, as a result, veterans sometimes receive lower VA disability ratings than they deserve.
Paralysis of the Sciatic Nerve
The third most common VA disability is sciatica, a nerve condition in which pain radiates along the path of the sciatic nerve, down from the lower back and through the legs. It most often occurs when the sciatic nerve is compressed or pinched, usually by a herniated disk in the spine or an overgrowth of the bone on the vertebrae. Typically, sciatica affects only one side of the body. Common symptoms include numbness, tingling, burning sensation, and muscle weakness.
Paralysis of the sciatic nerve is very common amongst veterans in part because whenever rating back and neck conditions, VA is required to rate any neurological residuals as well. Therefore, paralysis of the sciatic nerve is often granted without veterans needing to file additional claims.
Nerve issues like sciatica are rated in three different categories based on the degree of severity of symptoms:
- Paralysis (the most severe category)
- Neuritis
- Neuralgia
Technically, the term “sciatica” usually refers to neuralgia (i.e., sharp pain due to an irritated or damaged nerve) of the sciatic nerve. Therefore, neuralgia is generally the most common category that veterans fall into. However, it is possible that a veteran’s sciatica may present symptomatology consistent with a higher level of severity.
Each of the three categories of nerve conditions mentioned above also have sub-categories for mild, moderate, or severe symptoms, creating many different possible ratings for a condition that affects a nerve.
VA rates sciatica under 38 CFR § 4.124a, Schedule of ratings — neurological conditions and convulsive disorders. For paralysis of the sciatic nerve, the rating criteria are as follows:
- 80%: complete paralysis in which all the muscles of the leg below the knee fail to work, causing serious difficulty in bending the knee
- 60%: incomplete but severe paralysis marked by muscular atrophy, poor blood circulation, and limited functionality of the affected body part
- 40%: incomplete but moderately severe paralysis
- 20%: incomplete but moderate paralysis
- 10%: incomplete but mild paralysis
The criteria for paralysis of the sciatic nerve are very vague and open-ended, and the terms used are not clearly defined. As a result, veterans often do not know what is required for a higher rating. Lay evidence may be helpful in demonstrating that a sciatic nerve condition is more severe than the disability evaluation reflects.
Vietnam veterans are most affected by paralysis of the sciatic nerve, which may be related to their Agent Orange exposure. Many Vietnam veterans have diabetes and peripheral neuropathy, which also involves paralysis and nerve problems. As such, paralysis of the sciatic nerve tends to be a related residual.
Bilateral Hearing Loss
Bilateral hearing loss involves muffling of speech and other sounds, difficulty understanding words, trouble hearing consonants, frequently asking others to speak more slowly, clearly, and loudly, withdrawal from conversations, and avoidance of some social settings.
Bilateral hearing loss affects veterans in many different areas of service. While hearing loss is most often thought of as being associated with combat, it can also be due to other causes. For example, if a veteran’s military occupational specialty (MOS) involved working around aircraft all day, they would likely be exposed to loud engine noises. As a result, they might be at a heightened risk of experiencing hearing loss later in life.
The Duty Military Occupational Specialty (MOS) Noise Exposure Listing has been reviewed and endorsed by each branch of service. Based on the veteran’s records, VA adjudicators should review each duty MOS or duty assignment documented on the Duty MOS Noise Exposure Listing to determine the probability of exposure to hazardous noise. If the duty position is shown to have “Highly Probable” or “Moderate” hazardous noise exposure, such exposure should be conceded as an in-service event for service connection purposes.
After service connection is established, VA will assign a disability rating for bilateral hearing loss based on severity. The rating is primarily based on two auditory tests:
- Speech discrimination: assess how well an individual understands words and what someone else is saying
- Pure tone threshold: indicates the softest sound audible to an individual at least 50 percent of the time
Such tests are important because VA has specific criteria that a veteran’s hearing loss must meet to be considered a disability for compensation purposes. Simply having a doctor say that you suffer from hearing loss does not necessarily mean it is severe enough for VA criteria. Instead, it must rise to a certain level to be considered a disability that VA will grant service connection for.
Over 90 percent of veterans who are service-connected for hearing loss are rated between 0 and 10 percent, though it is technically possible to obtain a 100 percent rating for hearing loss.
Lumbar and Cervical Strains (Back Conditions)
Back conditions are quite common among Veterans. VA rates back conditions like lumbar and cervical strains under 38 CFR § 4.71a, Schedule of Ratings, Musculoskeletal System, and the criteria is based largely on a veteran’s range of motion. Veterans will attend a Compensation & Pension (C&P) exam and the examiner will measure how far they can bend forwards, backwards, and side to side, using a goniometer. VA will determine the severity of a veteran’s back condition based on the range of motion measurements provided by the examiner.
However, the C&P examiner should also consider the functional loss caused by the veteran’s back condition, as evidenced by pain during motion. For example, a veteran might be able to bend forward 85 degrees but start to experience pain at 55 degrees. In this case, the veteran should receive a disability rating that is consistent with both the range of motion measurements and the functional limitations caused by their back pain.
In addition to range of motion measurements and functional loss, VA examiners should also address the presence of flare-ups. If veterans experience flare-ups of back pain, they may be eligible for a higher disability rating.
For example, a veteran is granted service connection for a back condition and receives a 10 percent disability rating. On most days, the veteran is unable to bend forward more than 60 degrees. However, when experiencing a flare-up, the veteran is unable to bend forward more than 30 degrees. Therefore, during the flare-up the veteran’s back condition becomes more than 10 percent disabling. As such, VA should assign a disability rating in accordance with this additional loss.
In a 2017 Court of Appeals for Veterans Claims case, Sharp v. Shulkin, the Court decided that examiners must offer an opinion on how the veteran could be functionally limited during a flare-up, even if the examination is not being performed during a flare-up. If an examiner fails to do so, then the examination is inadequate for VA rating purposes and a new examination may be warranted. If the examiner is unable to provide an opinion, they must prove they have considered all available evidence before arriving at that conclusion.
Overall, VA’s consideration of functional loss and flare-ups account for how a veteran’s back condition impacts their daily life, making up for the otherwise very mechanical application of the rating schedule.
Post-Traumatic Stress Disorder (PTSD)
Post-traumatic stress disorder (PTSD) is a mental health condition that results from experiencing a distressing, shocking, or otherwise traumatic event. Nearly 1.5 million veterans are currently service-connected for PTSD. To be granted service connection for PTSD, veterans must demonstrate the following:
- A current diagnosis of PTSD
- An in-service event (known as a stressor)
- A nexus opinion linking the current diagnosis of PTSD and the in-service event
In addition to the typical elements of service connection, veterans must verify a stressor, or the in-service event that they believe caused their PTSD. The stressor must be corroborated to show that it happened. To do so, veterans can provide lay statements detailing the in-service event.
Importantly, stressors do not have to be related to combat. Instead, veterans can get service-connected for PTSD as a result of non-combat-related events (e.g., military sexual trauma).
Veterans should file a claim for PTSD even if they do not yet have a diagnosis. VA may find that they have another mental health condition that warrants a diagnosis and subsequently service connection. It is also possible that veterans may be diagnosed with multiple mental health conditions (e.g., anxiety, depression, and PTSD). Veterans will receive one combined rating that accounts for their full level of impairment.
Lay testimony, medical evidence, and expert opinions are all valuable types of evidence that can be used to support an increased rating.
All mental health conditions are rated under 38 CFR § 4.130, on a scale from 0 to 100 percent. VA often assigns a 70 percent rating for PTSD. As of 2023, approximately 91 percent of veterans were rated at 30 percent or higher for mental health conditions like PTSD, while about 49 percent of veterans were rated at 70 percent or higher.
Vietnam-era veterans have the highest percentage of service-connected PTSD, while Persian Gulf War veterans are a close second.
Limitation of Motion of the Arm
As of 2023, the seventh most common VA disability is limitation of motion of the arm.
Typically, this condition results when an injury in the arm or shoulder has not healed fully or not been rehabilitated adequately. Like ankle injuries, an unhealed shoulder or arm injury can increase the likelihood of an injury occurring again. Repeated injuries can further increase instability in the shoulder or arm and limit the range of motion.
Injuries to the shoulder or arm that affect the range of motion of the arm can occur commonly during military training and service. Lifting heavy objects, transporting heavy supplies, or other forms of physical training can strain the muscles in the arm or shoulder and cause injury. Additionally, wounds that become infected can create scar tissue in the muscles and affect range of motion. Injuries to the arm or shoulder from a fall, forceful impact, or accident are also common in veterans.
Diagnostic Code 5201 is used to rate limitation of the arm. To issue a rating, VA will take into consideration whether the veteran’s dominant or non-dominant arm is affected and how severely it is limited. Below are the criteria for each rating percentage based on how much the veteran’s range of motion in the arm is limited.
Diagnostic Code 5201 — Arm, limitation of motion of:
- 40/30%: to 25 degrees from side
- 30/20%: midway between side and shoulder level
- 20/20%: at shoulder level
Limitation of Motion of the Ankle
Limitation of motion of the ankle is also common among veterans. This condition usually develops following an ankle sprain that has not adequately healed or was not rehabilitated completely. An unhealed ankle sprain increases the likelihood of another ankle sprain occurring in the future. Repeated ankle sprains often cause and perpetuate ankle instability and limited motion. Additional sprains lead to further weakening, or stretching, of the ligaments thereby producing greater limitations.
Many veterans suffer from limitation of motion of the ankle due to the physical demands of military training and service. Specifically, veterans engage in fitness-related activities and jobs that required physical exertion while serving. Such activities and jobs may have resulted in ankle sprains and injuries throughout service, thereby leading to issues later on.
In addition, a veteran may have been involved in an incident resulting in a traumatic injury to their ankle. For example, veterans involved in parachuting accidents often report ankle disabilities later in life.
When rating limitation of motion of the ankle, VA primarily looks to diagnostic code 5271. The rating criteria is based on the range of motion of the ankle.
Veterans usually receive either a 10 or 20 percent disability rating for limitation of motion of the ankle. A 10 percent rating consists of moderate symptomology, while a 20 percent rating consists of marked conditions. There are no definitions as to what these criteria mean, which results in an absence of analysis or rationale in deciding which evaluation is appropriate. This ambiguity does give veterans an opportunity to appeal and argue for an increased rating.
Migraines
Migraines, the ninth most common VA disability, are recurring, intense, and frequent headaches that can be completely debilitating. For example, they may require victims to lock themselves in a room with complete darkness and no sound. This can prevent people from working and going about their day-to-day activities.
Service-connected migraines are rated under diagnostic code 8100 based on the frequency, severity, duration, and impact on daily life. All these factors are outlined in the rating criteria and incorporated into how VA evaluates the veteran’s migraine condition.
In addition to direct service connection, veterans may also receive service connection for their migraines on a secondary basis. If the veteran has a separate service-connected condition that then causes or aggravates their migraine condition, secondary service connection may be warranted.
For example, a veteran’s orthopedic condition (e.g., neck strain) is so painful that over time it leads to intense migraine headaches. Here, the veteran may be able to link their migraine headaches to their service-connected orthopedic condition to receive VA disability benefits. Another common example involves migraine headaches resulting from service-connected traumatic brain injury (TBI).
Service-connected migraines are rated under diagnostic code 8100 based on the frequency, severity, duration, and impact on daily life. The rating criteria are as follows:
- 50%: with very frequent completely prostrating and prolonged attacks productive of severe economic inadaptability
- 30%: with characteristic prostrating attacks occurring on average once a month over last several months
- 10%: with characteristic prostrating attacks averaging one in two months over last several months
- 0%: with less frequent attacks
The word “prostrating” means that the veteran’s migraine headaches are so severe and debilitating that they are required to lay down for an extended period due to complete exhaustion and physical weakness. Typically, prostrating migraines also require veterans to stop all activity and possibly take medication or seek medical attention.
Scars
Another common VA disability claim is scars. You might assume that service-connected scars are primarily gunshot or combat wounds. However, it is also common to see claims for scars from surgeries. For example, veterans with service-connected orthopedic conditions may undergo surgery that results in a scar, which is then eligible for compensation due to secondary service connection.
Scar disabilities are rated under 38 CFR §4.118, diagnostic codes 7800-7805. Scars are rated based on the number of scars or disfigurements a veteran has, the area of the body affected, their permanence, and the presence of pain or instability. Ratings range from 10 to 80 percent. A veteran can file multiple claims for scars, but there are limitations to avoid pyramiding (i.e., claiming the same disability multiple ways).
Call Chisholm Chisholm & Kilpatrick LTD for a Free Case Evaluation
Unfortunately, even common claims frequently get denied unfairly. If VA denies or underrates your disability claim, you should not give up the fight. Consider asking for help.
Our experienced VA-accredited disability attorneys and advocates may be able to assist you. Contact a member of our team for a free case evaluation today at 401-753-6359.
