With Dependents Including Children
Find the dependent status in the left column that best describes you. Then look for your disability rating in the top row. Your monthly basic rate is where your dependent status and disability rating meet.
If you have more than one child or your spouse receives Aid and Attendance benefits, be sure to also look at the Added amounts table, and add these to your amount from the Basic rates table.
|Dependent status||30% disability rating||40% disability rating||50% disability rating||60% disability rating|
|Dependent status||Veteran with 1 child only||30% disability rating||504.39||40% disability rating||722.28||50% disability rating||1020.44||60% disability rating||1,288.03|
|With 1 child and spouse||30% disability rating||563.39||40% disability rating||801.28||50% disability rating||1,118.44||60% disability rating||1,407.03|
|With 1 child, spouse, and 1 parent||30% disability rating||607.39||40% disability rating||860.28||50% disability rating||1,192.44||60% disability rating||1,496.03|
|With 1 child, spouse, and 2 parents||30% disability rating||651.39||40% disability rating||919.28||50% disability rating||1,266.44||60% disability rating||1,585.03|
|With 1 child and 1 parent||30% disability rating||548.39||40% disability rating||781.28||50% disability rating||1,094.44||60% disability rating||1,377.03|
|With 1 child and 2 parents||30% disability rating||592.39||40% disability rating||840.28||50% disability rating||1,168.44||60% disability rating||1,466.03|
Contact A Va Disability Lawyer Today
A VA disability lawyers role is to assist you throughout the confusing and often frustrating appeals process if you have been denied benefits for your service-connected neck pain. Generally, you need to be denied at least once before an attorney can assist, but once a lawyer is involved, they will often be able to quickly determine what needs to be done in order to prove entitlement.
If your VA disability claim for neck pain has been denied, be sure to contact the VA Accredited Attorneys at VetLaw right away to help make sure you get the entitlement you deserve.
Example Va Disability Pay Calculation
Another example is if the disabled Veteran has a spouse who is determined to require Aid and Attendance. Here we add the figure shown as additional for A& A spouse to the amount shown for the proper dependency code.
For example, a disabled Veteran with a 70% rating and an Aid and Attendance spouse and two minor children would receive $1,830.71 .
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Va Disability Claims: Getting Started
Filing a disability claim can be a long and complicated process. It can, in fact, be overwhelming for veterans already suffering from the side effects associated with a military service-related disability. Veterans already experiencing PTSD, depression, and anxiety have the added burden of trying to piece their lives back together after their time in service ends. They may be struggling with job placement or affordable housing perhaps they are having a difficult time reconnecting with their family and friends after being away. Stepping back into normal everyday life can feel anything but normal for a veteran and this feeling could last a few weeks, a few months, or for the rest of their lives.
However, it is important to get started on a claim quickly if assistance from the VA is needed, and veterans should reach out to their family members for support in this process, be it moral support or having a trusted family member actually walk through the claims process and act as an advocate. If the veteran has any family members who are attorneys, this would be a very good person to call on for support! Not all claims or cases will need legal support, and it is also possible to receive free assistance from a number of veteran groups such as Veterans of Foreign Wars or the American Legion. Before starting the process, reach out to some of these organizations to determine how they can be of assistance in the claim-filing process .
What Is A Presumptive Disability
This is when the VA presumes that certain disabilities were caused by military service. There is a presumption that the circumstance of the veteran’s service caused the condition and disability benefits is awarded. An example of this is a veteran who served in Vietnam is presumed to have been exposed to Agent Orange. To learn more about presumptive conditions review the following:
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How To Qualify For Va Disability
In order to qualify for any of these benefits, youll need to meet a few criteria. First and foremost, the VA requires that you get an official diagnosis for your condition or conditions.
In the case of an injury or operation, you may not need an ongoing condition diagnosis. But you will need a diagnosis of your injury and a record showing that your doctor ordered this treatment route.
You will also need to prove a service connection between your condition and your military service. In the case of prestabilization ratings, this may be very simple, since these conditions are often tied to the reason for your discharge. And finally, you will need a medical nexus from your doctor connecting your injury or condition with your military service.
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How To Appeal Your 90% Va Disability Rating
Under certain circumstances, VA may increase your 90 percent VA disability rating without prompting. Here, 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 currently assigned, there are two routes you can take depending on which best fits your situation: file an appeal or file a claim for an increased rating.
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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.
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.
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How Traumatic Brain Injuries Are Rated
When rating the impact of traumatic brain injury , the VA evaluates the current impact on the veteran, not the severity of the original injury.
A TBI rating may be assigned for:
- cognitive issues such as poor memory, lack of concentration, and difficulty with analytical thinking
- mental health problems
- physical/neurological effects such as pain, poor balance, hearing loss and seizures, and
- subjective symptoms for which there may be no medical evidence such as vision problems, inability to sleep, headaches and fatigue.
Also, the VA has developed some new rules for approving brain injuries.
Va Disability Ratings Overview
The Department of Veterans Affairs assigns those who have become disabled as a result of military service with a disability rating. This rating is based on how severe the veterans condition is and how the disability impairs their average earning capacity. Veterans receive a disability rating by filing a claim for service connection with VA. If VA decides in the veterans favor, it will grant service connection for the disability and assign a percentage rating based on severity, ranging from 0 percent to 100 percent. These ratings are assigned in 10 percent increments.
Each percentage increment corresponds to a dollar amount specified by VA in the VA disability pay chart. In other words, the higher the veterans disability rating, the more compensation they should receive each month.
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Va Disability For Hypertension
At VetLaw, we know how overwhelming it can be to apply for VA disability benefits. The requirements and forms always seem to be changing. On top of that, you are dealing with the day-to-day stresses of your illness or injury. We can help you with your appeal for VA disability for hypertension.
Not only are we lawyers, but were also veterans. That gives us some unique perspectives. We know what its like to transition back to civilian life. And, we know how confusing it is to navigate the VA system. Our firm exists because we believe that every veteran who is eligible for disability benefits should receive them.
Our lawyers can help you start your initial claim or assist you in pursuing an appeal. Our firm works on a contingency fee basis, and only collects a fee if we secure benefits for you. Contact us today.
How Does The Va Rate Neck Pain
The severity of your neck pain can be rated from 10% to 100%, depending on the limitation in your range of motion . ROM testing includes accounting for painful motion, as typically VA will concede functional loss at the point that painful motion begins.
The VA evaluates most neck pain issues using the General Rating Formula for Diseases and Injuries of the Spine under 38 CFR § 4.71a. Although the entire spine is covered under this Section, you can receive separate ratings for backaches or other lumbar spine disorders in addition to a rating for neck pain, or other cervical spine disorders. Your ROM measurements will be compared to the rating schedule as follows:
As you can see, the percentage awarded for your condition increases when you are more immobile, your range of motion decreases, or your natural stance locks at an unnatural angle.
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Evidence Requirements For Tdiu
- Evidence of at least one service-connected disability AND
- Evidence that the service-connected disability or disabilities are sufficient, without regard to other factors, to prevent performing the mental and/or physical tasks required to get or keep substantially gainful employment AND
- One disability ratable at 60% or more, OR
- If more than one disability exists, one disability is ratable at 40% or more with a combined rating of 70% or more.
The VA website on TDIU gives two examples of situations where TDIU is appropriate. Before you read the examples, however, it is important to note that the VA disability rating system is not additive, which means if a veteran has two disability ratings, one at the 60% level and one at the 10% level, their combined rating is not 70%. According to the VAs Combined Ratings Table, the combined rating would actually be 64%.
A Veteran has a service-connected heart condition evaluated as 60% disabling. She has been able to work without difficulty until last year when she began to experience chest pain with any exertion. Her physician recommended that she retire as soon as possible. She subsequently filed a claim for increased disability compensation. Evidence regarding the Veterans work history and education was reviewed by the Rating Team. As it confirmed the Veteran was individually unemployable due to her service-connected disability, entitlement to compensation at the rate payable to a 100% disabled Veteran was granted.
Ive Submitted A Claim Now What
You or your VSO has submitted your claim. After it is received at your local VA Regional Office, a claim is established in the VA computer system. The paperwork you sent in is scanned to see which types of benefits you are seeking, and end products are established. The DEERS database is checked to verify your dates of military service. An end product is VA-speak for type of claim, and allows your individual claims to be tracked. One end product may contain multiple parts: a claim for disability compensation may include claims for three different disabilities.
General Stages of the Process for Disability Compensation Claims
Following are the general stages of the process for disability compensation claims. Other types of claims such as education and loan guaranty have different steps and are usually simpler and easier to process. The VA made many automated improvements to the education process and as a result, was able to shift employees from processing education claims to disability claims to reduce the backlog.
Once your claim is established, it will be sent to triage where it will be reviewed and assigned to a lane for completion. The VA sends claims with one or two issues to the express lane. There are also different lanes for specialized issues and standard claims.
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Increased Disability Payments For Veterans With Dependents
Veterans entitled to compensation who have a disability rated at 30% or more are entitled to additional compensation for dependents. Dependent children between the ages of 18 and 23 must be attending school and a dependent for tax purposes.
Parents may be considered dependents if the veteran provides more than 50% of their support. Veterans with a disabled spouse may also be eligible for increased benefits. Check with the VA for details.
There is also a Dependency & Indemnity Compensation benefit for survivors of some disabled veterans.
What Do Va Disability Ratings Represent
The first thing to understand is what your disability rating represents.
In short, the VA takes each individual injury or illness into consideration and gives it a numerical disability rating divisible by 10 .
A good way to look at this is to consider how disabilities affect your ability to perform work and daily activities. To do this, the VA looks at how your disability affects your overall efficiency. Lets say you are a normal 40-year-old retiree with no major service-connected injuries or illnesses. Your efficiency would be rated at 100%.
But, if you just retired from the military after 20 years of service and tweaked your knee while you were deployed, you may be eligible for benefits.
Lets say you had an arthroscopic surgery for the injury, but still have some pain and stiffness in that knee. The VA could grant you a 10% service-connected disability rating. The VA determines this rating by looking at your efficiency, which it calls 90%.
In the previous example, it seems like you can just subtract the 10% from 100% and come up with 90%. But the VA does the math differently:
Were going to come back to why we did the math this way.
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How The Va Calculates Compensation Rates
When you prepare to retire or separate from military service, starting your VA disability claims process is among the things many must do as you out-process. You can also apply after youve left military service.
When you apply for compensation, the VA reviews your claims and assigns disability percentage ratings in 10% increments. For example, if you have a knee injury, the VA will determine the severity of that injury .
The VA may rate your condition between 10% up to 100% based on how it affects your life. Your rating percentage determines your compensation.
Some veterans may be entitled to more disability pay if certain conditions apply such as:
- The veteran is living with severe disabilities
- The veteran has lost one or more limbs
- The veteran has a spouse, children or dependent parents
- The veteran has a spouse who is experiencing a serious disability.
Many veterans have more than one medical issue, disability or disease. Each issue is rated separately, and you may be awarded a combined VA disability.
Combined totals are not the sum of multiple percentages. In cases where the VA must rate a veteran for more than one medical issue, the VA uses a combined ratings table to determine the final percentage.
For example, if you have a 50% disability rating for one condition and a 60% rating for a different condition does not mean you are entitled to a 110% VA disability combined rating. In fact, by law veterans cannot earn more than a 100% disability rating.