Questions About Appealing A Va Disability Compensation Claim Speak To Our Va Disability Lawyers Today
If you have questions about obtaining VA disability benefits, call us. It is important to speak to an experienced VA disability lawyer at the Tucker Law Group immediately. Our VA disability lawyers can help you obtain the benefits you need. We know how to protect your rights throughout the appeals process.
at to schedule a free initial consultation. Our nationally recognized firm represents veterans all over the United States.
La National Guard Death And Disability Benefit
Louisiana National guardsmen suffering a permanent and total disability while on federal or state active duty on or after September 11, 2001, or the beneficiary of record of those killed in action may qualify for a $250,000 death or $100,000 disability benefit from the State of Louisiana. Certain restrictions apply.
How To Apply
What Your Va Disability Rating Means
The VA distributes benefits on a sliding scale based on your level of disability. The more disabling your medical condition, the more money youll receive in compensation.
The VA uses the disability rating system to put a number on what it perceives as your level of disability. The rating schedule runs from 0 to 100 percent in increments of 10. A 100 percent rating is the top of the schedule, indicating total disability. With this rating, youre eligible for the maximum VA schedular benefit, which, as of 2019, is slightly over $3,000 per month.
When you submit your application for review, the person who decides to approve your appeal also assigns you a disability rating. The more compelling the supporting documentation in your file, the better chance you have of receiving a higher rating.
For a free legal consultation, call
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Can Veterans Work While Receiving Tdiu
There are certain situations where VA can still consider and grant TDIU when a veteran is working. Again, the regulation requires that you are unable to secure and follow substantially gainful employment. VA considers jobs that result in annual income less than that of the federal poverty threshold to be marginal employment. Importantly, veterans who are only engaging in marginal employment are still eligible for TDIU.
There are additional circumstances where veterans can earn above the federal poverty threshold and still receive TDIU benefits. Here, veterans must be receiving extensive and unreasonable accommodations from their employer, resulting in a protective work environment. If the accommodations are afforded due to the veterans service-connected conditions, and without such accommodations the veteran would not be employed, TDIU should be considered.
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.
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Louisiana State And Federal Civil Service
Louisiana state and city civil service departments award a five to ten-point preference in original appointment to Veterans who served honorably in the U.S. Armed Forces under certain circumstances. Federal law also grants five and ten-point preference to Veterans who meet certain criteria when they apply for federal jobs.
How to Apply
To see current state job openings, please visit: www.civilservice.la.gov or call toll free 1-866-783-5462.
For more information about Federal openings, please visit www.fedshirevets.gov or call 606-7304.
How To File A Va Disability Claim
Alternatively, if you are not ready to file a VA Claim, an Intent to File may be submitted. An Intent to File claim can buy some time to navigate the claims process, as well as getting more compensation once your claim is approved. An intent to file form helps lock in an effective date on your claim thereby getting back pay based on the effective date of the Intent to File.
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How To Apply For Veterans Disability Compensation
The most convenient way of applying for disability compensation is through the VA online portal. You can also submit a paper application by completing this form and mailing it to:
U.S. Department of Veterans Affairs
Claims Intake Center
If you prefer applying in person, you can also visit any VA office nearest you.
To ensure that your disability claim gets approved, it is best to hire an experienced workers compensation lawyer like Victor Malca. He has already helped thousands of injured workers in Florida throughout his over 23 years of practice.
Va Disability Offset For Military Retirees
There is a federal law on the books which requires military retirees to waive part of their military retirement pay in order to receive VA disability compensation benefits. Military retirees with a disability rating of 40% or less may have their military retirement pay offset by the amount of disability compensation they receive from the VA. In other words, their retirement pay from DFAS will be decreased by the exact amount of money they receive from the VA.
The end result is the same gross payment. However, the VA compensation is tax-free, resulting in a larger overall net payment.
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Veteran Designation And Discounts On Louisiana Drivers Licenses And Ids
Veterans can now be recognized through a special VETERAN designation on their official Louisiana drivers licenses and IDs. Veterans may also qualify for special discounts or waivers on fees for drivers licenses or IDs. Proof of Veteran status is required.
How to Apply
For more information on VETERAN designations, contact your local Louisiana State Office of Motor Vehicles. For more about waivers, please contact the Louisiana Office of Motor Vehicles at 925-6146 or visit your nearest LDVA Veterans Parish Service Office.
Free Military Honor Plate For Disabled Veterans
Veterans classified 100% disabled by the USDVA are eligible for a free military honor plate labeled with the universal symbol for accessibility. There are no renewal fees for this plate.
Qualifications:Act No. 194 of the 2016 LA Legislature Regular Session outlines qualifications and other details regarding the Military Honors plate.
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About Va Disability Ratings
We assign you a disability rating based on the severity of your service-connected condition. We use your disability rating to determine how much disability compensation youll receive each month, as well as your eligibility for other VA benefits. If you have multiple disability ratings, we use them to calculate your combined VA disability rating. Calculating your combined disability rating involves more than adding up your individual ratings. Thats why your combined rating may be different from the sum of your individual ratings.
For What Types Of Disability Compensation Claims Can Veterans File
- Pre-Discharge Claims: A servicemember can file a pre-discharge Disability Compensation claim when she is within 180 days of separation or retirement from active duty or full-time National Guard duty.
- Pre-Service Disability Claims: Veterans who entered service with known disabilities can file a pre-service Disability Compensation claim if their military service aggravated their condition.
- In-Service Disability Claims: Veterans can file an in-service disability claim for disabilities that result from an injury or disease that occurred during active service.
- Post-Service Disability Claims: Veterans can file for Disability Compensation after they have been discharged for secondary disabilities that arose later which are connected to a service-related disability.
Temporary 100 Percent Disability Rating
Veterans may qualify for a temporary 100 percent disability rating if:
They have been hospitalized for a service-connected disability for 21 days or moreThey have undergone surgery for a service-connected disability that requires a recovery period of at least 30 daysWhen the temporary 100 percent disability rating is granted, the VA pays benefits at the 100 percent rate for the period the veteran is hospitalized or throughout the recovery period.
How Can You Get 100% Disability Rating
Once an eligible veteran is granted service-connection for a disability due to the veterans service, the next logical question is, How much money will I receive? The amount of compensation benefits a veteran receives depends on the disability rating that the VA assigns.
Disability ratings range from 10% to 100%. The idea behind these ratings is that the veteran should be compensated according to the impairment that the disability would cause to the average persons ability to earn a living. This compensation generally comes as monthly payments.
It can be tricky to earn a 100% disability rating when a veteran has more than one disability. Combining two or more disabilities is a complicated process in which 50% plus 50% does not equal 100% but, rather, 75%. In fact, the closer a veteran gets to a 100% disability rating, the harder it seems to be to obtain one. For example, once a veteran is rated 80% disabled, each additional 10% disability only adds 2% to his total rating rather than an additional 10%.
Meeting the criteria for a 100% VA rating on the ratings schedule, or combining multiple disabilities to obtain a 100% rating, can be very difficult. Failure to meet those criteria, however, does not mean that a veteran is not totally disabled. For this reason, the VA regulations provide for an alternate route to a total disability ratingindividual unemployability.
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Va Disability Claim: Special Monthly Compensation
SMC is an additional tax-free benefit paid to veterans, their spouses, surviving spouses, and parents. Special Monthly Compensation is a higher rate of compensation due to special circumstances, such as the need of aid and attendance by another person or for a specific disability . This benefit is referred to as aid and attendance, and the compensation is based on the veterans need for aid and attendance from another person.
Is A 100% Rating Permanent
No. The VA awards temporary total ratings for veterans whose conditions need additional support for a limited time, like for a 3-month convalescent period after surgery. All 100% ratings are not considered permanent unless it is medically unlikely for the condition to ever improve. In these cases, the VA will declare the condition Permanent and Total .
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Is It Worth Pursuing A 100% Va Rating
Veterans have to consider the value to them when they decide whether to pursue a claim. Filing a claim with VA does take some time, and proving a 100% rating can be difficult.
One value to a veteran of a 100% rating is the monthly benefit paid by VA. This amount varies depending on the veterans marital status and dependents and is subject to change each year. But, there is a substantial amount of difference between the monthly amount paid with a 90% rating and the amount paid with a 100% rating.
Lets take the situation of a single veteran who is not married and has no dependents. In 2018, that veteran is going to receive $2,973 and some change each month for a 100% VA disability rating.
If a veteran is married, then that benefit amount increases to a little more than $3,139. In some situations, a married veteran with several children might end up receiving as much as $3,500 to $4,000 per month.
It is also important to remember that these benefits are tax free. So, the value of a 100% rating is even more when you consider that you do not have to pay taxes on the benefits..
Free Va Claim Strategy Session
2022 VA Disability Rates with 6.1% COLA Increase Estimate
These rates include the projected 6.1% VA disability compensation pay increase over the 2021 VA disability rates.
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Military Training Towards Education/certification Credits
Louisiana recognizes that the skills learned during military training can often apply to the civilian workforce. As such, Act 276 of the 2012 Regular Legislative Session states that individuals with military training and experience will be granted civilian professional licensure and/or certification when the Servicemember has been awarded a military occupational specialty and performance in that specialty that is at a level equal to or exceeding the requirements for said license and/or certification. Provisions apply.
Va Disability Compensation Rates 30% 60% With Children
|Veteran with Spouse and Child||$532.35|
|Veteran with Spouse, One Parent and Child||$574.35|
|Veteran with Spouse, Two Parents and Child||$616.35|
|Veteran with One Parent and Child||$518.35|
|Veteran with Two Parents and Child||$560.35|
|Add for Each Additional Child Under Age 18||$26.00|
|Each Additional Schoolchild Over Age 18||$84.00|
|Spouse Receiving Aid and Attendance||$48.00|
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How Much Compensation Can I Receive Without A 100 Percent Disability Rating
The VA disability compensation schedule runs a broad gamut. With a 0 percent rating which signifies a minor disability that has a minimal impact on your ability to work youre not eligible for any monthly compensation. But even with a 0 percent rating, you can receive free VA healthcare for your service-connected condition and other ancillary perks.
The 2019 VA disability compensation schedule for a veteran alone is as follows:
- 10 percent rating: $142.29 per month
- 20 percent rating: $281.27 per month
- 30 percent rating: $435.69 per month
- 40 percent rating: $627.61 per month
- 50 percent rating: $893.43 per month
- 60 percent rating: $1,131.68 per month
- 70 percent rating: $1,426.17 per month
- 80 percent rating: $1,657.80 per month
- 90 percent rating: $1,862.96 per month
- 100 percent rating: $3,106.04 per month
How Much Is 100 Percent Va Disability Per Month
As of December 1, 2019, a 100 percent VA disability for a single veteran with no dependents is $3,106.04 per month. The U.S. Department of Veterans Affairs adjusts this amount each year, typically raising it to account for increases in the cost of living. In addition to your base monthly compensation, you may also be eligible for additional money on behalf of dependents living in your household. This includes your spouse, children, or dependent parents.
A 100 percent schedular rating signifies a total disability. In order to receive benefits at this level, you must submit compelling evidence of a disability sufficient to meet the 100 percent criteria as established by the VA for your condition or have multiple service-connected conditions that combine to 100 percent. A VA disability lawyer can help you with this. For a free case evaluation, call .
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Cost Of Living Adjustment : Va Disability Rates
Periodically, the VA makes cost-of-living adjustments to VA disability compensation and pension benefits to help ensure VA benefits are not diminished by inflation. The cost-of-living adjustments to the VAs compensation and pension rates are the same percentage as for Social Security benefits. Vets who are disabled received an increase that is connected to the level of their disability rating.
Can Veterans With Schedular 100% Va Disability Ratings Work
If a veteran has a schedular 100% disability rating for one or more service-connected conditions, they are fully entitled to continue working. However, veterans should keep in mind that the VASRD is based off of average impairment to earning capacity so ability to work is going to be one of the factors VA considers when trying to determine whether there has been actual material improvement to a service-connected condition.
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% Permanent And Total Va Disability Ratings
Permanent and total disability ratings mean that VA has determined the veteran is both permanently and totally disabled. It is a classification that means veterans no longer have to attend Compensation & Pension exams. In addition, veterans with permanent and total disability ratings are typically no longer subject to rating reductions. If you believe you are entitled to a permanent and total disability rating, you should apply through VA.