Appeal The Decision Or File A New Claim
The most straightforward approach is to appeal VAs decision on the original claim. You have up to one year after the first rating has been assigned to do so. If its been past one year, you can simply file a new claim. In either case, its strongly recommended that you present more evidence to bolster your claim and improve your chances of a more favorable decision.
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Going From 90 Percent To 100 Percent Disability
There are many reasons why appealing your 90 percent VA disability rating may be beneficial.; For example, if you are successful in appealing your 90 percent disability rating, your monthly compensation amount will increase by over $1,000.; However, despite the many benefits, there are also several barriers.; Specifically, the VA disability appeals process and timeline can be very lengthy and difficult to navigate.; Under certain circumstances, VA may increase your 90 percent VA disability rating without prompting.; In this case, it is likely that VA evaluated new evidence supporting the fact that your service-connected condition has worsened.; If you think your service-connected condition warrants a higher disability rating than the one you are currently assigned, there are two routes you can take depending on which best fits your situation: file an appeal; or file for an increased rating.
When trying to go from a 90 percent disability rating to a 100 percent disability rating, veterans should be mindful of the rating criteria for each service-connected condition for which they are seeking an increase.; Veterans can read through the rating criteria and determine how their symptomology lines up with what is listed.
How To Determine Your Disability Compensation
To determine your disability compensation, you need to file a claim with VA. The VA rates your disability by severity after reviewing every piece of evidence in your claim.
You may only receive compensation for a single diagnostic code per condition, even if that condition satisfies more than one diagnostic code. However, those with more than one condition may receive additional compensation based on the combined rating system.
You may receive additional compensation if:
- You have very severe disabilities or loss of limb
- you have a spouse, children, or dependent parents
- you have a seriously disabled spouse
Note: If you have more than one child or your spouse receives Aid and Attendance benefits , be sure to include the figures from the “Add” row.
Did you know: Veterans can use their disability income in conjunction with their VA loan benefits. Speak with a home loan specialist to see how much you can afford.
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Va Disability Compensation Rates 70% 100% With Children
|Veteran with Spouse and Child||$1,656.71|
|Veteran with Spouse, One Parent and Child||$1,754.71|
|Veteran with Spouse, Two Parents and Child||$1,852.71|
|Veteran with One Parent and Child||$1,624.71|
|Veteran with Two Parents and Child||$1,722.71|
|Add for Each Additional Child Under Age 18||$61.00|
|Each Additional Schoolchild Over Age 18||$197.00|
|Spouse Receiving Aid and Attendance||$113.00||$160.89|
a.) Rates for each school child are shown separately. They are not included with any other compensation rates. All other entries on this chart reflecting a rate for children show the rate payable for children under 18 or helpless. To find the amount payable to a 70% disabled veteran with a spouse and four children, one of whom is over 18 and attending school, take the 70% rate for a veteran with a spouse and 3 children, , and add the rate for one school child, $197.00. The total amount payable is $1,975.71.
b.) Where the veteran has a spouse who is determined to require Aid and Attendance , add the figure shown as additional for A/A spouse to the amount shown for the proper dependency code. For example, the veteran has an A/A spouse and 2 minor children and is 70% disabled. Add $113.00, additional for A/A spouse, to the rate for a 70% veteran with dependency code 12, $1,717.71. The total amount payable is $1,830.71.
Va Disability Increase Tip #: File For Secondary Service Connection With Medical Nexus Letters
Many VSOs, Attorneys,and Veterans focus on primary disabilities for direct service connection.
However, didyou know youre also eligible for secondary VA disability claims and somethingcalled secondary service connection?
Secondary service connection in VA claims requires a showing of causation.
A showing ofcausation requires that the secondary disability be shown to be proximatelycaused by or proximately aggravated by another service-connected disabilityin your body.
The firstpart can be satisfied with any existing medical evidence in service treatmentrecords, VA medical records, or any private medical records.
The secondpart can be satisfied with a veterans existing service-connected disabilityrated at 0 percent or higher.
The third part can be satisfied with a Medical Nexus Letter for secondary condition completed by a qualified medical professional.
The major benefit of going after secondary service connection in a VA disability claim is its typically easier to prove the Nexus requirement, especially if youve been out of the military for more than one year.
And of course, if youre trying to increase VA disability rating, make sure to consider secondary VA claims!
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Special Monthly Compensation Rate Payment Variations
Effective December 1, 2020
Levels K and Q are special rates called SMC;rate payment variations. We may add Level K to your basic SMC rate.
|How this payment variation works|
|SMC letter designation||111.74||How this payment variation works||If you qualify for SMC-K, we add this rate to your basic disability compensation rate for any disability rating from 0% to 100%. We also add this rate to all SMC basic rates except SMC-O, SMC-Q, and SMC-R. You may receive 1 to 3 SMC-K awards in addition to basic and SMC rates.|
|SMC letter designation||67.00||How this payment variation works||This is a protected rate that we havent awarded since August 19, 1968. If we awarded you an SMC-Q designation, we pay this rate in place of your basic disability compensation rate.|
Should I Really Be Receiving A 100 Percent Rating
Heres one of the biggest secrets in VA law: many veterans with a 90% rating should actually be receiving a 100% VA disability rating. The VA may have incorrectly rated many veterans with a 90% rating. Did you know the difference between a 90% rating and a 100% rating is over $1,000 a month?
Veterans that are rated 90 percent may;consider submitting a new application or appealing their rating decision. The difference between 90% and 100% disability ratings is over $1,000 a month. However, you should only re-apply or appeal if you truly deserve the increase in VA disability ratings.
Woods & Woods veteran disability attorney discusses the benefits that come with a 100% VA rating:
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A Few Key Rating Principles And Pointers
Percent Disability Compensation Rates
All veterans with a 70 percent disability rating receive at least the minimum VA disability pay of $1,444.71 per month. Veterans receive additional compensation if they have dependent parents, minor children, or other family members who rely on their financial support. Below are the monthly increments of VA disability pay according to family status.
- Unmarried with one dependent parent but no dependent children: $1,542.71 per month
- Unmarried with two dependent parents but no dependent children: $1,640.71 per month
- With one dependent child in a one-parent household or dependent parents: $1,526.71 per month
- Unmarried with one dependent child and one dependent parent: $1,624.71 per month
- Unmarried with one dependent child and two dependent parents: $1,772.71 per month
At the 70 percent disability rating, veterans receive an additional $61.00 per month for each additional child under age 18. That figure jumps to $197.00 per month for each additional child over age 18 attending a post-secondary education program and relying on the veteran for financial support, thus increasing their eligibility for additional compensation.
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Va Benefits Increase Tip #: Get Dbq Forms Completed For Conditions Already Service Connected
Disability Benefit Questionnaire Reviews, also known as DBQ forms, are the #1 best way to increase your VA disability rating for conditions that are already service connected at 0 percent or higher.
Yes, we know the VA removed public use DBQs from its website, BUT, did you know you can still use DBQs in 2021 AND the VA rater must consider it as evidence of record?
Also, you can get something called a Disability Benefits Report completed by a private medical provider for conditions that are already service-connected.
What is a VA DBQ Form?
A DBQ is a standardized .pdf form created by the Department of Veterans Affairs to give veterans more control of their VA claim.
Obtaining a DBQ from a qualified medical provider enables veterans to present their VA disability condition, mainly the medical diagnosis by ICD Code and your current symptoms of your VA disability, to the VSR and RVSR at the VA for rating purposes.
And guesswhat else veterans?
The majorbenefit of using DBQs is that many times the VA will grant a veteran a higherVA rating based upon the information in the DBQ ALONE!
Yes, youheard me correctly
For simple disability increases, the VA Raters are authorized by regulation to grant a VA rating increase using the DBQ by itself.
Now, itsstill very likely youll get a C&P Exam, but at least you have your medicalinformation baselined by another medical professional PRIOR to the C&P Exam.
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How Do I Increase My Va Disability Rating
The difference in benefits between a 70 percent and a 100 percent rating can be quite significant. For example, under current guidelines, a veteran with a 70 percent rating may be entitled to a benefit rate of $1,365.48, while a 100 percent rating would result in $2,973.86 in monthly benefits. A veteran with a spouse and child and a 70 percent rating could receive $1,566.48, while a veteran with a spouse and child could be eligible for $3,261.10 with a 100 percent rating.
In specific cases, a veteran may be able to get their disability ratings increased by arguing that their condition was not adequately investigated. Veterans who feel their ratings are too low can file an appeal. Claims filed more than a year after the rating decisions were received can result in claims needing to be reopened and new evidence needing to be submitted.
For a free legal consultation, call
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Disability Ratings Are Awarded On A Case By Case Basis
The VA rates each disability claim on a case by case basis. The VA first determines whether or not the illness or injury was sustained while the servicemember was in the military, then they assign a rating for each illness or injury. If the VA determines the injury or illness isnt related to your military service or didnt happen while you were in the military, they will deny your claim. If the VA approves your claim, they will assign it a rating between 0% 100%.
A 0% rating shows there is an illness or injury that is connected to your military service, but it doesnt warrant compensation at this time. It is still good to get a 0% rating compared to no service-connected link because if the condition worsens at a later date, you can apply to have your disability rating upgraded.
How Do You Calculate Retro Benefits
Retro benefits can be difficult to calculate if there are changes from the date of the retro payment to the date of the rating decision.; There are multiple factors that come into play namely:
Regarding a veteran already being rated, to accurately estimate retro benefits the veteran would have to calculate the difference between what he was paid and what he should have been paid.; For example, if the veteran was paid at 50% for PTSD before this decision and now he will be 70%; plus individual unemployability for PTSD then he needs to realize that his retro benefits will be the difference between the two going back to the effective date.; A veterans dependent status might change throughout the history of the veterans claim.; He might have a child or a current dependent child might grow old enough to no longer be a dependent in his care.; Furthermore, he might get married or divorced during the time of the claim. ;Finally, there are typically cost of living changes made every year adjusting the amount paid at each rate.; These changes could be a few dollars to a hundred dollars per month.; All of these issues play into a veterans retro payment.; Not accounting for them can cost the veteran hundreds or even thousands of dollars in retro benefits.
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Proving A Service Connection
Once you have an official PTSD diagnosis, youll need to be able to prove a service connection for your condition. In essence, a service connection is a specific incident or set of circumstances that could have caused your condition. In the case of PTSD, almost any aspect of military service is enough to be a service connection.;
If you served in a combat zone, were taken prisoner, or lost friends in the service, those can all qualify as service connections. Harsh service conditions, such as poor hygiene conditions or inhumane discipline can also qualify. The incident you use as your service connection will need to be something documented in your military records.
What Does It Mean To Be 100% Disabled In The Va
The VA acknowledges our military Veterans, who are 100% disabled differently than other Veterans. While no one would argue being 100% disabled is a good thing physically, having this rating provides some national and state-specific perks. Here are some of the special benefits that Veterans who are deemed 100% disabled receive.
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What Are The Rules For Reducing A Veterans Disability
The five-year rule states that the VA cant reduce a veterans disability thats been in place for five years, unless the condition improved overtime on a sustained basis. The veteran will likely need to present medical evidence to prove the material improvement of their condition. The 10-year rule functions a bit differently than the other rules.
Standard Va Disability Claims
With standard VA disability claims, the VA gathers evidence and compiles all supporting documents.
If the VA is unable to obtain a needed document, they may require your help. When help is required, it typically applies to documents not held by a federal agency, such as private medical records, employer information, and documents from state or local governments.
As with all claims programs, be prepared to provide your DD214 , service treatment records, VA medical records, and private medical records about your claim. Those needing help applying for their VA disability claim may also work with an accredited attorney, claims agent, or Veterans Service Officer .
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Aid & Attendance And Housebound
Veterans and survivors who are eligible for a VA pension and require the aid and attendance of another person, or are housebound, may be eligible for additional monetary payment. These benefits are paid in addition to monthly pension, and they are not paid without eligibility to Pension.
Since Aid and Attendance and Housebound allowances increase the pension amount, people who are not eligible for a basic pension due to excessive income may be eligible for pension at these increased rates. A veteran or surviving spouse may not receive Aid and Attendance benefits and Housebound benefits at the same time.
For more information on veterans pension, please
Va Disability Benefits Revealed And Explained
In this post, we will be covering the 90 VA disability rating in detail, along with tips, strategies, and lessons learned to help veterans get the VA pay and benefits you deserve.
Weve also compiled a complete list of VA benefits available for disabled veterans with a 90 percent VA disability rating or higher.
In our experience at;VA Claims Insider, many disabledveterans with 90 VA disability are stuck, frustrated, and underrated, meaningyou do;NOT;currently have the VA disability compensationbenefits you deserve by law.
This means you could be missing out on thousands of dollarsof VA disability benefits for you, your spouse, and your dependents.
Okay, so lets jump right in and explore the 90 VA disability benefits list in detail!
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