When you file a disability claim with the VA, you expect them to review your case and render a decision based on the evidence you provide. The actual process is far more nuanced. The VA looks at your claim, the evidence you provide, and the symptoms you’re experiencing to determine your disability rating, and often, that rating isn’t fully aligned with the true extent of your disability. One of the major issues that veterans disability attorneys encounter when reviewing unfair or inaccurate disability ratings is known as pyramiding.
What Is Pyramiding?
In theory, some veterans may try to get the VA to give them multiple disability ratings for the same condition or symptom. This is known as pyramiding—you’re effectively stacking disability ratings by reporting the same symptom for multiple disabilities. Unfortunately, this is prohibited under federal law and the VA may reduce your disability rating if they believe you’re pyramiding, even if the same symptom can be caused by multiple disabilities or secondary conditions.
What This Looks Like in Real Life
To fully understand what pyramiding is, it’s helpful to look at an example. Say you’ve been diagnosed with PTSD and a traumatic brain injury (TBI). Both of these conditions are causing you to have trouble falling asleep, which in turn causes significant health issues. Under VA regulations, you’re permitted to file claims for both disabilities.
However, if you cite your inability to sleep for both your PTSD claim and your TBI claim, the VA will consider this pyramiding. Why? You’re effectively claiming VA benefits for the same symptom more than once, and this is prohibited under federal law.
The VA Tends to Over-Enforce This Rule
Veterans are entitled to receive compensation for all of their service-related disabilities, even if they share symptoms. However, since federal law prohibits pyramiding, the VA often over-enforces this rule and may deny claims that should receive compensation. This doesn’t mean you can’t contest their decision. You can, but you’ll need to go about doing it the right way.
What You Can Do to Protect Your Claim
If a symptom can be caused by more than one disability, the best thing you can do to secure a higher disability rating is to collect evidence that links the symptom to the condition or disability that’s likely to get the highest rating. This doesn’t mean you can’t submit claims for multiple disabilities. It simply means you’ll need to connect unique symptoms to each disability you’re trying to claim.
When filing your claim, try to connect the overlapping symptoms to the disability that’s likely to receive the highest rating. This will help you get the full compensation you deserve based on the symptoms you’re experiencing. Remember, the VA rates disabilities based on the severity of the symptoms you’re experiencing, not just the disability itself. The more symptoms you can connect to the severe disability, the higher the rating will likely be.
If you’re filing claims for other disabilities, attach symptoms that don’t overlap with other conditions to those claims. This will eliminate the appearance of pyramiding and increase your chances of getting a fair rating.
Work With a Veterans Disability Attorney
Filing claims and figuring out which symptoms to attach to each disability can be difficult when multiple symptoms overlap. That’s where an experienced Ohio veterans disability attorney can help. They can help you figure out which disability is likely to receive the highest rating and which symptoms should be attached to that disability.
If you’re trying to file a claim with the VA, you don’t have to do it alone. Let the team at Veterans Law Attorneys help from the beginning. Contact us to schedule a free consultation and let our team take the stress out of pursuing the VA benefits you’re entitled to.
