September 2025 VA Disability Insights from Greene & Marusak
Topics We Covered in September
Protected VA Ratings Explained: What Veterans Need to Know
If you’re worried about the VA reducing one of your ratings, it’s important to know that some ratings are protected from reduction. Protected ratings are those the VA cannot easily lower or terminate unless there is clear evidence of sustained improvement or, in rare cases, fraud. These protections are based on how long the rating has been in place. Under the 5-year rule, a rating that has remained unchanged for five years becomes “stabilized,” meaning the VA cannot reduce it based on a single exam showing temporary or inconsistent improvement—there must be medical evidence of sustained improvement. After 10 years, the VA cannot sever service connection for that condition unless there is evidence of fraud. And at 20 years, a rating becomes “continuous,” meaning it cannot be reduced below its original level unless the VA can prove it was granted fraudulently. Click to watch our video
VA Claim Get Deferred? Here’s What to Do
If you receive a letter from the VA saying your claim is deferred, don’t panic—deferred does not mean denied. It simply means the VA needs more information before making a final decision. Read the letter carefully, because it will explain exactly what the VA is missing. If they’re requesting records or evidence you have, submit them as soon as possible. Make sure you attend every VA exam they schedule, since missing an exam can delay your claim even further. Most importantly, stay patient and proactive—a deferred claim is a normal part of the process. Keep pushing forward, and don’t give up on the benefits you deserve. Click to watch our video
Buddy Statements: Strengthening Your VA Disability Claim
Buddy statements can be a powerful form of lay evidence to help support a VA disability claim. These statements may come from family members, friends, or fellow service members who can describe what they personally witnessed either during service, after service, or over time. In service-connection claims, buddy statements are especially helpful for filling in gaps when an event or injury wasn’t documented in service treatment records, such as when a veteran didn’t go to sick call. For increased-rating claims, they can also help explain the severity and real-world impact of symptoms that may not have been fully captured during a VA exam. While buddy statements cannot replace required medical evidence like a diagnosis or nexus, they can be an important supporting tool that helps bridge gaps in the record and strengthen a claim. Click to watch our video
Paired Organ Rule – Extra Benefits for Certain Disabilities
Under 38 CFR § 3.383, the VA’s paired organ rule allows veterans to receive compensation as if both organs are service connected when one paired organ (such as an eye, ear, lung, kidney, or extremity) is service connected and the other later becomes disabled—even if the second disability developed after service. This rule recognizes that losing function in both paired organs has a far greater impact on daily life than losing just one. For example, a veteran who is blind in one eye due to service and later develops age-related vision loss in the other eye may qualify for a higher rating. Similarly, a veteran who lost a left leg in service and later loses use of the right leg due to a post-service injury may also benefit from this rule. Don’t overlook the paired organ rule—it can significantly increase your VA disability rating and compensation. Click to watch our video
Presumptive Service Connection: Could You Qualify?
Normally, establishing VA service connection requires three elements: a current diagnosed disability, an in-service event or exposure, and a medical nexus linking the two. When a condition is covered under a VA presumption, the VA automatically concedes the nexus, meaning the veteran only needs to show they served in a qualifying location and have a listed qualifying disability. Presumptions do not apply to every condition; they are limited to specific disabilities tied to specific locations or exposures established by law. To determine whether a condition may qualify under a presumption, veterans can review the VA’s presumptive condition lists or consult with an accredited representative to understand how these rules may impact their disability benefits. Click to watch our video
VA Ratings for Sleep Apnea: How They Affect Your Benefits
When rating sleep apnea, the VA considers both a veteran’s symptoms and the treatment required. A 50% rating is typically assigned if you are prescribed a CPAP or other breathing device. If sleep apnea causes daytime sleepiness or fatigue but does not require a CPAP, the VA usually assigns a 30% rating. A 0% rating may apply when sleep apnea is diagnosed but the veteran is asymptomatic. The highest rating, 100%, is reserved for the most severe cases involving chronic respiratory failure, carbon dioxide retention, or the need for a tracheostomy. Understanding these rating levels can make a significant difference when filing or appealing a sleep apnea claim. Click to watch our video