August 2025 VA Disability Insights from Greene & Marusak
Topics We Covered in August
The Benefits Delivery at Discharge (BDD) Program Explained: Key Information for Service Members
The VA’s BDD (Benefits Delivery at Discharge) program allows service members to file disability claims before leaving active duty so they can receive VA benefits more quickly after separation. Before filing, it is important to first check your eligibility on VA’s BDD website. File your claim on VA Form 21-526EZ within 180 to 90 days before separation, and be prepared for VA examinations up to 45 days prior to filing. During your last year of service, seek treatment for any conditions or symptoms and ensure they are documented in your service treatment records, this helps strengthen your claim and smooth your transition to VA benefits. Click to watch our video
VA Rating Criteria Breakdown – Amputations
VA ratings for amputations can be complex because they consider multiple factors, including which limb is affected, how much function is lost, and its impact on a veteran’s daily life. For example, losing a dominant hand may result in a 70% rating, while losing a non-dominant hand may get rated at 60%. Veterans may also qualify for Special Monthly Compensation (SMC) if they have multiple amputations, a combination of amputation and loss of use, or a combination of amputation and blindness. Your specific rating depends on the type and severity of your service-connected amputation, as well as the functional limitations it causes. Click to watch our video
How VA’s Bilateral Factor Can Increase Your Disability Rating
The bilateral factor applies when a veteran has disabilities affecting both upper or both lower extremities, potentially increasing your overall disability rating and benefits. To qualify, the disabilities must be paired on the same type of extremity (right and left upper, or right and left lower), you cannot combine a left upper with a right lower or vice versa. There can also be multiple bilateral factors, such as upper extremities, lower extremities, elbows with forearms and hands, or knees with ankles. The VA will add an extra 10% of the underlying value to your total combined evaluation. For example, two separate 40% ratings normally combine to 64% (rounded down to 60%), but if the ratings are bilateral, the 10% “kicker” (of 6.4%) increases the total to 70%. This ensures veterans with paired extremity disabilities receive additional compensation for the greater impact on their daily functions. Click to watch our video
How the VA Calculates Your Combined Rating
Your VA combined disability rating is listed on a document called a code sheet, which outlines each of your service-connected conditions and their individual ratings. The VA doesn’t simply add these percentages together. Instead, it uses the “whole person” approach, starting at 100% and subtracting the impact of each condition in order of severity. For example, if you have a 60% rating and a 20% rating, most people assume that equals 80% with basic addition, but the VA calculates it differently. After the 60% rating, the VA considers you 40% “unaffected.” The 20% rating is then applied to that remaining 40%, adding 8%. Combined, 60% + 8% = 68%, which rounds up to a 70% combined rating. The VA will never pay above 100% unless you qualify for Special Monthly Compensation (SMC) or another additional benefit. Click to watch our video
Understanding the Three Lanes at The Board of Veterans’ Appeals
The Board of Veterans’ Appeals (BVA) serves as a higher authority over Regional Office decisions, and veterans typically turn to the Board after exhausting other appeal options like a Supplemental Claim or Higher-Level Review. To appeal to the Board, you file VA Form 10182 – Notice of Disagreement, which allows you to choose one of three lanes: Direct Docket, Evidence Submission, or Hearing. In the Direct Docket, you cannot submit any new evidence—only the evidence already in your file will be considered—making it typically the fastest option. In the Evidence Submission lane, you may send in new evidence either with your NOD or within 90 days after filing. The Hearing lane allows you to request a hearing with a Veterans Law Judge and submit evidence at the hearing or within 90 days after, but this lane often has the longest wait times. Because BVA decisions can take years, it’s always worth trying to fully develop your claim and pursue a potential grant at the Regional Office level before taking your case to the Board. Click to watch our video
Residuals and VA Claims: How Lasting Symptoms Affect Your Rating
When a veteran’s condition is service-connected, the VA can grant benefits as long as the required elements are met. However, some conditions may improve over time while still leaving lasting residual effects, and the VA can compensate veterans based on those residual symptoms. A common example is cancer: once a veteran’s active cancer goes into remission, the VA stops rating the active disease and instead rates the residuals, which may include lingering effects from the condition itself or from treatments like chemotherapy or radiation—such as neurological issues, fatigue, or other ongoing symptoms. In most cases, the VA will schedule a C&P exam to document current residuals and determine which symptoms qualify for compensation. This approach applies to a wide range of conditions where the primary issue improves but long-term residuals continue to impact the veteran’s daily life. Click to watch our video
VA Disability Pyramiding: Why You Can’t Get Paid Twice for the Same Condition
VA disability law prevents “pyramiding,” which means a veteran cannot receive multiple disability ratings for the same symptoms, even if those symptoms come from different conditions. Instead, the VA must rate overlapping symptoms under a single disability to avoid overcompensation. For example, PTSD and traumatic brain injury (TBI) often share symptoms such as depression, memory issues, cognitive impairment, and mood disturbances. Because these symptoms overlap, the VA may assign one combined rating rather than separate ratings for each condition. However, the law does not prohibit separate ratings when medical evidence can clearly show which symptoms belong to each condition. If distinct symptoms can be attributed independently to PTSD and TBI, then separate ratings could be warranted. Click to watch our video
Getting Both SSDI and VA Disability Benefits: What to Know
Veterans can collect two disability checks at the same time: VA service-connected disability compensation and Social Security Disability Insurance (SSDI). These programs are completely separate and evaluate different things. VA disability compensation looks only at medical conditions related to your military service, while SSDI considers all medical conditions that limit your ability to work, whether service-connected or not. Because the programs don’t offset each other, receiving one does not reduce the amount you can receive from the other. If your health impacts your ability to work, make sure you’re getting all the benefits you deserve. Click to watch our video