There are several ways to get to 100 percent VA disability rating. An extraschedular rating can be one of those ways. An extraschedular rating is when the VA criteria for rating a disability does not reflect the severity of the veteran’s disability, so the VA gives more than the maximum percentage normally allowed. The veteran must show that his disability is so severe that it causes a substantial interference with his ability to work. In some cases, this can be shown by frequent hospitalizations.
In determining whether or not a veteran is eligible for an extraschedular rating, the VA will look to the relevant rating and compare the symptoms listed under the rating with the symptoms exhibited by the veteran. The veteran’s symptoms must be so severe, or unusual, that none of the disability ratings listed for that specific condition could possibly be justified based on the veteran’s symptomology.
For instance, migraines are under the rating code 8100 and have the highest rating of 50 percent. The symptomology for this rating includes “very frequent completely prostrating and prolonged attacks productive of severe economic inadaptability.” In other words, the veteran must have frequent migraines that render him incapacitated and severely affect his ability to work. However, the highest rating for headaches does not account for veterans who are completely unable to work due to the severity of their migraines. This is a situation in which an extraschedular rating would apply.
In this instance, the veteran would submit evidence that shows his symptoms are worse than the description given in the rating. This can be done with buddy statements and medical evidence. The veteran would also need to submit evidence that demonstrates his symptoms are so severe that he cannot hold a substantially gainful occupation. Extraschedular ratings are difficult to win, but with the right strategy, you can be successful.
Legal Assistance with Veterans’ Claims
If you believe you may qualify for a VA extraschedular rating or need help supporting a claim for VA disability compensation, call our lawyers for veterans at (800) 953-6224 or complete our free online veterans disability case evaluation form