This year, veterans across the country were surprised to learn that the VA’s online disability calculator, something many rely on to estimate benefits has been giving incorrect results. A recent report by Stars and Stripes revealed that flaws in the system may have caused veterans to receive the wrong combined disability rating. That could mean thousands of dollars in lost compensation for those affected.
The VA acknowledged the issue but hasn’t announced a system-wide fix to correct the miscalculations. This is deeply troubling, especially now that the U.S. Supreme Court has issued a decision that makes it harder than ever to fix these mistakes after the fact.
In March 2025, the Supreme Court issued a ruling in Bufkin v. McDonough, 601 U.S. ___ (2025). The Court decided that VA decisions can only be overturned if they meet the extremely high bar of a “clear and unmistakable error,” also known as a CUE. That means even if the VA made a mistake in calculating your disability rating, you can’t just appeal the decision unless you can prove it was obviously and unquestionably wrong.
You can read the Supreme Court’s docket entry here:
https://supreme.justia.com/cases/federal/us/604/23-713/
The recent problem with the calculator combined with this ruling puts the burden entirely on the veteran. You must now catch and fix rating errors early, before the VA finalizes its decision. Once your claim is denied or granted with the wrong rating, you may have little to no recourse.
Why is this so important? Your VA disability rating affects not only your monthly tax-free payments but also your access to healthcare, housing programs, education benefits, and your eligibility for military retirement benefits. For example, the difference between a 90% and a 100% rating can amount to more than $1,000 per month and over a lifetime, this can mean tens of thousands of dollars in lost benefits.
Now more than ever, legal experts urge veterans, service members, and federal employees to take action to ensure their ratings are accurate. First, request a full copy of your VA claims file, also known as a C-file. This file includes all documents used to decide your case. Review your medical ratings, award letters, and the VA’s decision explanation. This is your first line of defense.
Next, don’t rely on the VA’s online tools. Use trusted independent resources like https://www.dav.org/disability-calculator to double-check how your disabilities were combined. VA math uses a formula that isn’t simple addition, and errors in the calculator have already affected many veterans.
If you find an error in your rating or award decision, you should file a correction immediately. Veterans can submit a Supplemental Claim using VA Form 20-0995, which is available online at: https://www.vba.va.gov/pubs/forms/VBA-20-0995-ARE.pdf The earlier you act, the more options you will have. Waiting too long can result in permanent loss of benefits.
Finally, consider seeking legal support. A VA-accredited attorney or representative can review your case, help you gather supporting evidence, and ensure your paperwork is accurate and complete before you submit it. Under the Supreme Court’s Bufkin decision, the window for correcting errors is now narrower than ever before.
As Attorney David P. Sheldon explains, “If you’re a veteran relying on a rating from the VA’s calculator, now is the time to double-check everything. Because under Bufkin, even honest mistakes might not be fixable after the fact.”
The takeaway is clear: every veteran must now approach their initial disability claim as if it’s their only chance to get it right. The legal system is no longer positioned to correct missteps made along the way, even when those missteps aren’t your fault.
For additional information on how the VA processes appeals and claim reviews, visit https://www.va.gov/decision-reviews/. For independent help from a nonprofit, the Veterans Consortium Pro Bono Program offers free legal assistance to qualifying veterans at https://vetsprobono.org.
About the Law Offices of David P. Sheldon, PLLC
Based in Washington, DC, we are a nationally recognized law firm focused on protecting the rights of military service members, veterans, and federal employees. We help clients fight unjust discharges, benefit denials, security clearance revocations, and more.
Contact the Law Offices of David P Sheldon, PLLC https://militarydefense.com
Disclaimer
This educational post does not constitute legal advice. Every claim and rating situation is unique. Veterans are encouraged to speak with a qualified attorney to review their individual cases.