The Camp Lejeune Justice Act
The Camp Lejeune Justice Act of 2022 provides health care to Marines and their families exposed to contaminated water while living at Camp Lejeune from 1957 to 1987.
Millions of service members and families living in the area were exposed to drinking water contaminated with benzene, trichloroethylene, and other chemicals. These toxins caused leukemia, birth defects, and other serious illnesses in many Marines and their families.
The new regulations provide much-needed relief through additional benefits to Camp Lejeune veterans and their families, many of whom have been struggling with health problems caused by the contamination. These regulations are a step in the right direction to maximize VA claims involving service-connected conditions, but more needs to be done to ensure that all Camp Lejeune veterans receive the compensation they deserve.
What Is Permanent And Total Disability
Total disability and permanent disability are two separate criteria that the VA considers. A Veteran can be totally disabled, but the disability may be temporary or permanent.
The VA considers a Veterans disability to be permanent when the medical evidence indicates that you will have the disability for the remainder of your life. Age can be a factor in the VA deciding whether a disability is considered permanent. As a result, younger Veterans may have more of a challenge obtaining a Permanent designation for their service-connected disability.
You may have one severe service-related disability or several service-connected disabilities that lead to a 100 percent VA disability rating.
The VA deems a disability to be total when the service-connected injury or impairment of body or mind leaves the Veteran unemployable or unable to maintain substantially gainful employment. Being awarded Total Disability as a result of Individual Unemployability provides for payment at the 100 percent rating. Substantial gainful employment is work that produces earnings above the poverty level.
A total disability may not necessarily be permanent. For instance, a Veteran can have a temporary total disability due to surgery or a combined total rating before improving and dropping down to a lower percentage.
A 100 percent total disability rating is difficult to obtain. Permanent and total are two separate criteria. That is important to keep in mind.
What Disability Programs Does The Va Provide
The U.S. Department of Veterans Affairs has two disability programs, which are described below. At the bottom of the page is a chart comparing the two.
Disability Compensation
Disability Compensation is for veterans who have conditions that were caused or aggravated by their service in the military. These conditions cover the full range of human physical and emotional experience. Has your ankle bothered you ever since you twisted it at boot camp? Have your ears rung ever since you spent a year driving a tank in a combat zone? Have you felt anxious ever since going on patrol in hostile territory? The bottom line: If you have a current physical or mental condition, and it is related to your military service, then apply for Disability Compensation. Even if the condition seems minor now, dont wait to apply. When youre 25, that bum left knee may just be a minor inconvenience when youre 55, the early onset arthritis you developed in that knee because of your service may mean you can barely walk. You should apply regardless of your income and regardless of your ability to find work. In short: if the military broke it, the VA owns it.
Non-Service Connected Pension
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What Do I Need To Know About The Va And Social Security Programs
Both Social Security and VA pay disability benefits. However, their programs, processes, and criteria for receiving benefits are very different.
A VA compensation rating of 100% Permanent and Total does not guarantee that you will receive Social Security disability benefits. To be approved for Social Security benefits, you must meet Social Securitys definition of “disability.” To be found disabled:
- You must be unable to do substantial work because of your medical condition and
- Your medical condition must have lasted, or be expected to last, at least one year or to result in death.
If you receive VA compensation, this will not affect your Social Security benefits. For a quick, side-by-side comparison of each program, please reference this Fact Sheet.
Can You Work And Collect Va Disability
Generally, VA disability benefits are awarded to veterans who havean illness or injury that was caused by or worsened during active militaryservice.
For many veterans who receive disability compensation, theirbenefits replace the income theyd be receiving from employment.
But is it possible to work and collect VA disability?
The short answer: in some cases. In this post, Tennessee veterans disabilityattorney Michael Hartup explains when you can work while receiving VAdisability benefits and when you cant.
If you need further help understanding your disability benefits, applying for VA disability, or appealing a claim, call The Law Offices of Michael Hartup at . You may also contact us by filling out an online form.
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What Qualifies For Tdiu
These benefits pay the same as a 100% VA disability rating. However, these benefits are for disabled veterans with employment problems who often cannot reach a 100% VA disability rating.
TDIU pays the same amount as a 100% rating for veterans who cant hold down a steady job that supports them financially because of their service-connected disability. Odd jobs, which the VA calls marginal employment, dont count.
Veterans are eligible for TDIU if they have:
- At least one service-connected disability rated at 60% or more disabling OR
- Two or more service-connected disabilities with at least one rated at 40% or more disabling and a combined rating of 70% or more
TDIU shows that the VA understands you dont have to be 100% disabled to not be able to work. You might only have a 50% rating for migraine headaches, but it is still impossible for you to work. You would only need two more 10% disabilities and a 20% disability to qualify for TDIU. Youd be getting the cash equivalent of a 100% disability rating so that you wouldnt have to work, but your disabilities wouldnt have to be so extreme.
Veterans can get Total Disability Individual Unemployability benefits while working but only under certain circumstances. They will have to show that their employer is making such extreme accommodations at work that you are essentially unemployable.
Who Is Eligible And Time Periods
Children and spouses of veterans who are totally and permanently disabled are eligible for Dependents’ Educational Assistance. Spouses can generally use these benefits for 10 years from the date the VA deems them eligible. In some cases, spouses can use the benefits for 20 years. This happens when the veteran was rated permanently and totally disabled within three years after discharge from the service, and the 20-year-period begins running on the date the veteran received the disability rating.
Children are eligible for the benefits from the Dependents’ Educational Assistance program between 18 and 26 years old. Sometimes eligibility can begin before age 18 and continue past age 26. Children remain eligible for Dependents’ Educational Assistance even after they marry.
Children who are active service members in the military are not eligible to receive this benefit while on active duty. Once discharged, benefits are available as long as the discharge is not under dishonorable conditions. The period of eligibility for Educational Assistance will be extended by the amount of time spent on active duty, but this extension will usually not go beyond a child’s 31st birthday.
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Can I Get An Expedited Claim As A Veteran With 100% P& t
When you file for disability benefits, you should indicate on your claim that you have a 100% P & T rating. When that is noted, the SSA will be aware of it and then will expedite your claim.
However, an expedited claim does not mean that you are automatically approved for disability benefits from the SSA. However, it does mean that you will have a faster decision regarding your SSA disability claim than those claimants who are not 100% P & T. You will need to provide all your supporting documentation and medical evidence to back up your claim.
Myth Topic #1 Mental Health Rating & Gun Ownership
The first myths addressed here relate to how mental health affects responsibilities, and then we discuss working with 100% VA disability rating or whatever your rating may be. PTSD is the most common type of mental health rating, and there is a common VA myth that this type of mental health rating impacts your right to own a gun.
As of 2019, over 1.7 million Veterans have a VA rating for PTSD.
Just because you have a mental health related condition like PTSD that is recognized by the VA, that does not mean gun ownership is prohibited.
State laws differ, however the main reason people lose their rights to gun ownership is if they are considered mentally incompetent and are a threat to themselves or others.
PTSD and mental incompetence are not the same thing. If you are seeking help for PTSD or depression, read our article on how to file for a VA rating.
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Can I Lose My 100 Percent Va Disability
Yes, you can lose your 100 percent VA disability rating.
It makes good sense if you think about it.
If your disabilities have improved, your rating should be lowered.
If your disabilities have stayed the same, your rating should stay the same.
If your disabilities have worsened, your rating should be increased.
The question of whether you will be re-evaluated depends on protected versus unprotected VA ratings:
How Much Do Tdiu Benefits Pay Monthly
TDIU benefits are comparable to 100% VA Disability rating. Veterans that qualify for TDIU should receive a minimum of $3,146/month.
So Me Using GI Bill Benefits Wont Take Away From This Amount?
If you qualify for TDIU and are using your GI Bill benefits for either yourself or a family member you should not lose any of the TDIU income you currently receive. The$3,146/month figure listed above is a minimum amount. You may be entitled to more depending on your TDIU rating.
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What Exactly Is Mental Incompetence And Who Can Decide If Someone Isnt Mentally Competent
Different states have different laws regarding when someone is and is not mentally competent.
Often, when a Veteran is considered to have mental incompetence, it is a result of a court of law or law enforcement requiring them to receive mental treatment.
If youve been involuntarily committed to a mental facility, many states prevent you from owning guns.
Bottom line, states will take away your rights to own guns if you are a threat to yourself or others.
If the VA decides you are mentally incompetent, a prohibiting record is sent to the FBI and entered into the National Instant Criminal Background Check System.
38 CFR § 3.353 defines mental incompetence as a person who because of injury or disease lacks the mental capacity to contract or to manage his or her own affairs.
Receiving a PTSD or other mental health rating does NOT indicate an inability to manage your affairs.
Still worried about your right to bear arms? It is a common VA myth that rating alone for PTSD does not meet these requirements.
Most people who have a PTSD rating can own firearms legally with no problem.
If you are struggling with the decision to get help for mental health issues, you arent alone.
If you are in crisis, call the VA Crisis Hotline at 1-800-273-8255 and PRESS 1 to talk to someone.
Are There Different Levels Of Disability
Yes for Disability Compensation. For Disability Compensation, the range is from 0% to 100%. A veteran with a 0% rating may have a service connected condition, but it doesnt interfere with normal life functions. A veteran with a 100% rating will have one or more disabilities that significantly interfere with normal life functions. There is a full range between the two, with the majority of Vermonts disabled veterans rated at 10%, 20%, or 30%.
No for Non-Service Connected Pension. Pension is provided only to veterans who the VA determines to be 100% disabled.
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Myth #: Only Veterans Who Meet The Schedular Criteria Qualify For Tdiu
Generally, Veterans receiving TDIU have one service-connected disability with a rating of 60% or higher or two or more service-connected disabilities with a combined disability rating of 70% or higher and one disability rated 40% or higher. In some cases, however, Veterans can qualify for extra-schedular TDIU.
Extra-schedular TDIU is for Veterans with disabilities that prevent them from working even though they dont meet the standard percentage thresholds. This could be a condition requiring frequent hospitalizations but is most often associated with back pain or other issues that prevent Veterans with no higher education or job training from working in physically demanding jobs.
Consult A Va Disability Lawyer For Help
If youre uncertain whether your employment is consideredsubstantially gainful or marginal, or if your income exceeds the povertythreshold, speak to a VA disability lawyer.
A skilled VA disability lawyer can help you understand yourdisability rating, your employment, and your eligibility. A lawyer can alsohelp you appeal adenied claim or changeyour rating if your condition worsens.
The Law Offices of Michael Hartup represents VA disability clients throughout Tennessee. If you need assistance with a Veterans disability claim, schedule a free consultation by calling our office at . You may also contact us by liking and following our , or filling out an online form.
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Scheduler Ratings Vs Tdiu
Before receiving a TDIU, veterans will receive a percentage scale known as the schedule of rating, or a scheduler rating for short. This scale determines the severity of ones disability, with the higher the percentage corresponding to a lesser likelihood they would be able to hold a job.
From there, the TDIU determines the veterans legal restrictions for working based on their scheduler rating. Even if you receive a scheduler rating of only 40 or 50 percent, if the condition is severe enough as to bar you from operating functionally in the workplace, then you may still be assigned a 100% TDIU rating.
What Employment Qualifies For Tdiu
Several types of employment may allow a Veteran to still qualify for partial or complete TDIU benefits. These employment types include:
- means that the Veteran works but earns a salary lower than the poverty level for their state or location. Because the Veteran doesnt receive a salary comparable to other working professions in their industry, it does not qualify as substantially gainful employment.
- Part-time employment without the opportunity for full-time employment. If a Veteran can only work eight hours per week at a restaurant, they almost always earn below the poverty threshold. This also qualifies as marginal employment, even if the per-hour salary is theoretically enough to earn a living wage .
- Employment in a protected work environment. The VA often considers Veterans still eligible for TDIU benefits if they are employed in a protected work environment, which often makes accommodations for conditions or injuries. However, the Veteran must prove that they work in a protected work environment if they hope to receive benefits despite their employment status. Evidence can include employer statements, W-2s, pay stubs, and so on.
As you can see, it is possible to work and still receive TDIU benefits as a Veteran with one or more service-connected conditions. However, youll need to take a few extra steps to prove that your employment does not disqualify you from TDIU benefits if you want to take advantage of this opportunity.
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What Is The Difference Between Unemployability And A 100% Disability Rating
The monthly compensation amount for unemployability is equal to that of a 100% disability rating. However, the qualifying criteria for unemployability is different than the requirements for a 100% disability rating.
An unemployability rating does not solely rely on the rating of a specific condition to grant benefits, it takes into account a veterans ability to work. Unemployability allows a veteran who is unable to work, to receive compensation at the 100% level even though their service-connected condition does not meet the 100% rating criteria. On the other hand, with a 100% disability rating, there are not the same restrictions on work activity as with unemployability. Therefore, if a veteran is rated 100% for their service-connected disability, and they are able to work, then they may do so.
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Tdiu Permanent And Total
If your service-connected disabilities have progressed to the state that youre no longer able to work, you may be wondering how you will pay your bills. Fortunately, the VA offers special benefits to unemployable disabled veterans, including TDIU permanent and total benefits.
As veterans ourselves, we know how overwhelming it can be to deal with VA. As VA accredited lawyers, were ready to help our fellow servicemembers receive the benefits theyve earned. Contact us today to learn more.
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When Can I Legally Work With A 100% Va Disability Rating
A veteran may legally work even with a 100% VA disability rating on the schedule of ratings, either as a combined percentage or as the result of a single medical issue.
However, if the veteran is listed by the VA as being 100% unable to work under the total disability/individual unemployability rating, the veteran is not permitted to have substantial gainful employment. This is listed in the Code of Federal Regulations, but there is no comprehensive list describing what is considered substantial gainful employment.
Instead, the Code of Federal Regulations defines what it does not consider to be a violation of these rules, something called marginal employment. This is defined as follows:
Theres more. So-called marginal employment may also include employment in a protected environment such as a family business or sheltered workshopwhen earned annual income exceeds the poverty threshold.