The Department of Veterans Affairs (VA) gives specific disability ratings to service members with service-connected injuries, based on the severity of those injuries. Some of these ratings specifically can be influenced by a static disability, a condition the VA views as permanent and seriously unlikely to improve with time. For Veterans, understanding how a static disability impacts your benefits can provide an opportunity to better navigate the VA claims process.
The VA determines that a static disability is a service-connected injury that will not improve with treatment or over time. Conditions that are considered static disabilities are generally not subject to reviews on disability ratings by the VA. For Veterans, these types of disabilities frequently include physical injuries that are chronic conditions:
Veterans who receive these static disability ratings for conditions from the VA often get certain protections from rate reductions to their benefits. Having a static disability can provide Veterans a sense of security within their long-term financial planning due to these service-connected injuries.
Before the VA can decide on whether a service-connected injury is a static disability or not, they must consider a few factors:
Usually Veterans do not need to submit a request for a service-connected injury to receive a static disability classification. If a Veteran does have a condition that fits underneath the purview of being a static disability, he or she is able to submit medical evidence to support this claim. A VA-accredited attorney can help present all the essential documentation for the claim.
While the nature of a static disability is permanent and unlikely to improve, it does yield certain effects towards a Veteran’s benefits:
Even if the claim is static, the VA will not schedule a C&P Exam to show if there is improvement, but if there are records indicating there is an improvement, and they don’t fall under the 20-year rule, then they could possibly face a decrease in benefits.
Veterans receiving a static disability classification can truly gain some stability for service-connected injuries that are unlikely to improve as time goes on. Knowing if your disability is static or not may provide a better way to approach your benefits, while avoiding a reduction in the disability rating. At Fight4Vets, our VA-accredited attorneys are experienced in making the process easier to understand and smoother to navigate. We offer free consultations to Veterans who are seeking legal guidance on their claims, so reach out to the legal team at Fight4Vets today!
