VA Compensation Claims for Central Nystagmus – Everything You Need to Know
When a veteran is denied VA disability benefits for a medical condition linked to an in-service event, they have the right to appeal the denial. If your claim for central nystagmus has been denied, a veterans benefits lawyer can help you gather evidence and prepare an appeal.
If you are suffering from central nystagmus or any other condition related to military service, you have a right to seek compensation for injuries or illness. Eligible veterans may receive benefits from the U.S. Department of Veterans Affairs (VA) for certain medical conditions. The level of benefits you are entitled to receive depends on the type and severity of your condition.
VA calculates benefit payments using a specific rating system, and it is common for initial claims to be approved with inaccurately low ratings. It is also common for initial claims to be outright denied. For these reasons, consulting with a veterans’ disability lawyer may be in your best interest if you have been denied or feel that you have received an inaccurate rate for your condition.
Eye conditions are among the most commonly reported injuries related to military service. If you are suffering from service-related central nystagmus and your claim was denied, you are entitled to seek an appeal. The appeals process can be complex, but you do not have to go it alone. Consult with a veterans’ disability lawyer today: (888) 392-5392.
Central Nystagmus Explained
Central nystagmus is characterized by involuntary, rapid movement of the eyes which causes vision problems and may also be associated with vertigo. Disorders to the central nervous system, alcohol or drug toxicity, other medical conditions such as multiple sclerosis, strokes, tumors, and head trauma may cause nystagmus.
Other symptoms of nystagmus may include:
- Light sensitivity
- Inability to see in the dark
- A feeling that your surroundings are shaking
- Vision problems
- Reduced depth perception
- Balance and coordination problems
These eye movements make it difficult to focus steadily on objects. People suffering from nystagmus may also nod or hold their heads in a tilted or turned position to improve their ability to focus. Nystagmus can create many problems for the sufferer, from difficulty working and driving to suffering such as depression. Contact a veterans’ disability lawyer today: (888) 392-5392
The Appeals Process Explained
Do not let a denial or improperly low rating discourage you. Initial claims are frequently denied, but an appeal can turn everything around. In order to position yourself for the most favorable outcome possible, you must be able to show three key criteria: you have a current diagnosis of central nystagmus; your condition was caused or worsened by an in-service event (or your symptoms began in service); and there is a link, a “nexus,” between the event and your nystagmus.
VA does not categorize central nystagmus as a presumed service condition. Therefore, proving the link between an in-service event and your injury is essential. If, for example, you were attacked during your military service and developed the nystagmus shortly after, the attack could be considered an in-service event. Fortunately, a VA disability lawyer can help you gather evidence to substantiate your appeal.
Central Nystagmus is Rated Under VA’s General Rating for Disease of the Eye
The monthly benefit you receive will be based on the disability rating assigned to you by VA, ranging from 0 to 100 percent. VA uses the following Code of Federal Regulations criteria to assign ratings:
Evaluate on the basis of either visual impairment due to the particular condition or on incapacitating episodes, whichever results in a higher evaluation
- 60 percent rating: With documented incapacitating episodes requiring 7 or more treatment visits for an eye condition during the past 12 months
- 40 percent rating: With documented incapacitating episodes requiring at least 5 but less than 7 treatment visits for an eye condition during the past 12 months
- 20 percent rating: With documented incapacitating episodes requiring at least 3 but less than 5 treatment visits for an eye condition during the past 12 months
- 10 percent rating: With documented incapacitating episodes requiring at least 1 but less than 3 treatment visits for an eye condition during the past 12 months
Monthly Benefits Based on Your Assigned Rating
The 2019 veterans disability compensation rates are as follows for a single veteran with no dependents:
- 60 percent disability rating: $1,131.68 per month
- 40 percent disability rating: $627.61 per month
- 20 percent disability rating: $281.27 per month
- 10 percent disability rating: $142.29 per month
If You Are Suffering from Central Nystagmus Related to Military Service, a VA Disability Lawyer Can Help
Unfortunately, nystagmus may be difficult if not impossible to cure. Prescription glasses and in some cases, surgery may improve your condition. If your central nystagmus was caused or worsened by an in-service event, or if your condition began while you were in the service, you may be entitled to compensation for your injury.
Do not navigate this complex process on your own. Obtaining VA benefits can be a lengthy, difficult process. Fortunately, a central nystagmus veterans’ disability lawyer can help you gather the necessary evidence and prepare a thorough appeal. It is your right to seek the maximum compensation you are entitled to. With solid legal counsel, you can do just that.
Contact a lawyer today at (888) 392-5392 for a free and confidential consultation about your case.