It may sound like a contradiction, but there are some VA disability claims that are easier to be approved for than others. That doesn’t mean the process is any faster, but it does mean that some conditions increase your likelihood of approval.
In 2021, there are ten top claims for which the VA awards disability. However, not all may include a 100% rating. As we’ve mentioned before, a compendium of lower-rated conditions can mean a higher rating based on the VA’s complex formula. This may or may not lead to a full 100% disability rating. But the combination of two or more conditions can give you a higher rating than a single condition might receive so filing properly for VA disability claims is critical.
So what are the easiest claims to get VA disability approval for?
The Top Ten New Claims For Disability
According to the VA’s latest report to Congress, these are the top ten conditions that veterans are receiving when applying for the first time:
1. Tinnitus, with 157,152 new claims
2. Limitation of flexion of the knee, with 99,467 new claims
3. Hearing loss, with 76,102 new claims
4. Lumbosacral or cervical strain, or back and neck strains
5. Limitation of arm motion
6. General scars
7. Limitation of ankle motion
8. PTSD
9. Migraines
10. Paralysis of the sciatic nerve
Before applying you should have an understanding of your condition and what you’re asking for on your claim.
So What Are The Top Five Easiest For 2022?
Veterans have a high chance of approval for:
1. Tinnitus, or “ringing in the ears.” There isn’t a definitive test for it as a blood or audiology test. Veterans are prone to tinnitus if they were subjected to considerable exposure to loud noises such as munitions. Veterans can’t normally wear hearing protection because they can’t hear commands and orders, so they develop hearing problems including tinnitus over the course of their enlistment. Because it’s impossible to disprove tinnitus, if you say you have it, you’re very likely to be approved.
2. Mental Health Issues such as PTSD, anxiety, depression, sexual trauma, and somatic symptom disorders are considered “high-value claims” because they most frequently result in a 30% or higher rating. Four out of ten veterans are rated at 70% or higher due to a disabling mental condition. Like tinnitus, it’s subjective, and there isn’t a definitive test to prove or disprove the claim. NOTE: Many service-related conditions can exacerbate a mental health condition, so consider adding a mental health issue as a secondary condition if needed.
3. Musculoskeletal conditions such as pain and reduced functionality in the neck, back, arms, and legs, arthritis, knee/ankle injuries, sprains, and strains are common complaints among veterans, especially those who served in the infantry. You’ll need to demonstrate recurrent, persistent symptoms. However, most veterans rated for these conditions see 20% ratings, so it’s wise to list it as a secondary condition.
4. Scarring is visible and generally difficult to dispute but must be significant enough for a rating. They are usually mentioned in a service record, and a medical nexus is usually not in doubt. Scarring and scar tissue that affects mobility and reduced movement in the limbs, neck, or back may also qualify as a secondary condition under musculoskeletal.
5. Presumptive Disorders, that the VA presume are service-connected based on the veteran’s service record. For instance, veterans who served in Vietnam between Jan. 9, 1962, and May 7, 1975, and show one or more of a series of conditions are presumed to have been exposed to Agent Orange. Similar criteria exist for veterans of the Gulf War, including those exposed to burn pits, and “atomic veterans.” A medical nexus is not necessary, and it will be easy to get secondary diagnoses approved as well. You’ll need to show your DD-214 to prove that you were deployed to a specific area. Presumptive disorders may be rated from 0% to 100%.
Evidence Is Still Required
The claim that has adequate medical evidence that supports your claim, evidence of a service connection, and a current diagnosis is the one that you will win. This documentation is critical to proving your claim and showing how your condition impacts everyday life.
If you’re already rated for a condition but believe you might be under-rated, you can request to have your condition re-evaluated. This is especially helpful if you have a condition that has worsened over time, such as a musculoskeletal condition.
Need Help? Work With A Houston VA Disability Attorney
We’re not saying that filing one of these claims makes the process easier—far from it. But although these are the easiest claims to be approved for, you’ll still need to go through the complex VA application process. That’s where we can help, as well as with an appeal.
Call The Herren Law Firm in Houston at 713-682-8194 (or use our online contact form) to schedule your free consultation for VA disability and other benefits. Our contingency fee basis means you won’t owe a fee until we win your case, and there’s no obligation.
