% Disabled Versus 100% Service
There IS a difference between a 100% service-connected disability rating and a 100% permanent and total disability. The easiest way to tell them apart? The VA does not simply issue a 100% disability rating and leave things there.
Any disability that has a chance to improve may still disable the veteran at such a level as to warrant A 100% total rating. But if the VA does not declare you PERMANENTLY disabled, that 100% total rating is subject to review.
State governments do their best to advise veterans of this nuance of the VA rating system, but its still easy to get confused. The City of Nashville official website reminds veterans, If your rating is NOT permanent and total, you WILL be re-evaluated and the rating MAY be adjusted based on the VAs determination.
The Nashville site adds that veterans can tell when a 100% rating is deemed permanent and total because the decision will approve Dependents Educational Assistance and Chapter 35 Benefits.
A Surviving Spouse May Be Entitled To Certain Va Benefits If The Veteran Dies
Surviving spouses who were married to veterans with 100% total disability ratings are permitted to apply for VA Dependency and Indemnity Compensation after the death of the veteran.
Joe Wallace is a 13-year veteran of the United States Air Force and a former reporter for Air Force Television News
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How To Increase Your Va Disability Rating
Home » Veterans Benefits Lawyers » How to Increase Your VA Disability Rating
If you suffered a disability as a veteran and, over time, your condition has grown worse, you may be able to increase your VA disability rating. If you have filed for an increase in your disability rating and have been denied one of our skilled VA benefits attorneys can evaluate your case.
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% Disability Compensation Rates
If you are able to use a combination of disabilities to reach a 90 percent rating, you are eligible to receive a high level of compensation. The monthly payment amount depends on many factors, including how many dependent children the veteran has, whether or not the veteran is married and whether or not the veteran has parents in the home. The more children and other dependents the veteran has, the more their monthly compensation will be.
Based on the 2022 VA disability compensation rates, the rates for a veteran with a 90 percent rating are as follows:
- $2,109.52 for a veteran with one child, but no spouse or dependent parents.
- $2,287.52 for a veteran with one child, a spouse, but no dependent parents.
- $2,421.52 for a veteran with one child, a spouse, and one dependent parent.
- $2,555.52 for a veteran with one child, a spouse, and two dependent parents.
- $2,243.52 for a veteran with one child, no spouse, and one dependent parent.
- $2,377.52 for a veteran with one child, no spouse, and 2 dependent parents.
The VA makes allowances for additional compensation. These include:
- $83 for each additional child under the age of 18.
- $268 for each additional child over the age of 18 who is in a qualifying school program.
- $153 if the spouse receives Aid and Attendance.
Heres A List Of The Evidence We Recommend For A New Va Disability Claim For Presumptive Conditions:
- Buddy Letter on the VA Form 21-4138 or the VA Form 21-10210 Lay & Witness Statement
- Nexus Letter with documentation of Severity of Symptoms
Pro Tip: In your Statement in Support of a Claim for Presumptive Service Connection, tell the VA Rater Where they can find your medical diagnosis of the presumptive disability by page number, Where to look on your DD 214 for the dates and location of your military deployments, and Your current Severity of Symptoms of the presumptive disability in terms of frequency, severity, and duration.
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What Forms Do You Need To Fill Out To Request An Updated Rating
The forms you need to fill out to request a re-evaluation differ based on where you initially received treatment. For instance, if you received care at a VA or military service healthcare facility, you need only to fill out Form 21-526EZ, which asks for the name of the site where you received treatment so they can be contacted to verify your information.
If, however, you received treatment at a civilian facility, then you will also need to fill out Form 21-4142, which is, in essence, a HIPAA form. This form is required for the authorization of the release of your medical records. It also gives permission for your physicians to confer with the VA.
Tips For Going From 90% To 100%
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. Furthermore, veterans can have private doctors evaluate the severity of their conditions in relation to what is listed in the rating criteria. Veterans can then submit their private doctors opinions to VA. This may be beneficial in developing a more convincing case for a 100 percent disability rating.
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What Is The Difference Between 90% And 100% Va Disability
Even though 90 percent and 100 percent seem very close, the additional compensation benefits you receive if you are deemed 100 percent disabled are quite significant. A total disability means you are completely unable to work and require all of your income from the VA. Here is what that compensation looks like:
- $3,456.30 for a veteran with one child, but no spouse or dependent parents.
- $3,653.89 for a veteran with one child, a spouse, but no dependent parents.
- $3,802.99 for a veteran with one child, a spouse, and one dependent parent.
- $3,952.09 for a veteran with one child, a spouse, and two dependent parents.
- $3,605.40 for a veteran with one child, no spouse, and one dependent parent.
- $3,754.50 for a veteran with one child, no spouse, and 2 dependent parents.
Injured service members can receive the following additional VA disability benefits:
- $92.31 for each additional child under the age of 18.
- $298.18 for each additional child over the age of 18 who is in a qualifying school program.
- $170.38 if the spouse receives Aid and Attendance.
These rates are subject to increase based on cost-of-living adjustments. Any time Social Security benefits increase for cost-of-living, the VA disability benefits must increase by the same amount.
Will I Lose My Va Disability If I Get A Job
No! The VA wants you to work, if possible.
The only time your job and income level factor into VA disability is if youre receiving VA Unemployability, also known as TDIUincome limits do apply.
In addition, VA pension benefits are based on income level and net worth limits whereas VA disability compensation benefits are based on level of disability .
Income and not worth are NOT factors in determining VA disability compensation benefits to eligible veterans.
For example, you can be 100% P& T and still have a great job that pays you well.
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Increasing Your 70% Va Disability Rating
Under certain circumstances, VA may increase your disability rating in light of new evidence that your condition has worsened. If you think your service-connected condition warrants a higher disability rating than the one it is 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.
Va Disability Ratings Are Not Always Permanent
Many disability ratings are temporary. The VA retains the right to reexamine your disability rating at any time. If they wish to reexamine you, you will receive a Notice of Reexamination letter in the mail which will include a scheduled appointment date.
Make sure you attend this appointment or reschedule, as the VA can reduce or terminate your benefits rating if you fail to attend this scheduled appointment. After the VA reexamines your condition, they will make a recommendation to increase, decrease, or leave your benefit at its current rating.
There are times when your ratings may be protected, based on the type of disability, how long you have held the rating, your age or other factors.
Heres more information on VA disability reexaminations and benefits reductions.
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Va Disability Rating Criteria For Ptsd From 0% To 100%
No Rating for PTSD = No mental disorder diagnosis
0% VA Rating for PTSD = A mental condition has been formally diagnosed, but symptoms are not severe enough either to interfere with occupational and social functioning or to require continuous medication.
10% VA Rating for PTSD = Occupational and social impairment due to mild or transient symptoms which decrease work efficiency and ability to perform occupational tasks only during periods of significant stress, or symptoms controlled by continuous medication.
30% VA Rating for PTSD = Occupational and social impairment with occasional decrease in work efficiency and intermittent periods of inability to perform occupational tasks , due to such symptoms as: depressed mood, anxiety, suspiciousness, panic attacks , chronic sleep impairment, mild memory loss .
50% VA Rating for PTSD = Occupational and social impairment with reduced reliability and productivity due to such symptoms as: flattened affect circumstantial, circumlocutory, or stereotyped speech panic attacks more than once a week difficulty in understanding complex commands impairment of short- and long-term memory impaired judgment impaired abstract thinking disturbances of motivation and mood difficulty in establishing and maintaining effective work and social relationships.
In the example below, the 70% VA rating criteria for PTSD is checked, which indicates occupational and social impairment with deficiencies in most areas
What Is The Va 10 Year Rule
The VA 10 year rule means the VA cannot eliminate a rating thats been in place for 10 years or more.
However, the rating can be reduced if medical evidence shows that the disability has improved.
There is always an exception to this rule if the VA determines that the original disability rating was based on fraud.
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National Guard Tuition Benefits
Present Iowa National Guard members in good standing are eligible for up to $2,700 per semester for full time enrollment. Part-time students are eligible for $196 per semester hour. Additionally, Guard members who are mobilized will receive a tuition refund. Contact Information:To learn more call, 515-252-4579
What To Do When Applying For Va Compensation For Service
It is best to apply for VA compensation before your final out-processing appointment, but this is not always possible. In any case, service members will need to supply copies of discharge paperwork such as the DD Form 214 for active duty military members, medical records, supporting documentation for the medical claim, and a completed VA Form 21-526.
Depending on the type of claim you are making, it may be necessary to get supporting evidence that shows how your condition affects your ability to work, socialize, pursue hobbies, etc. This may come in the form of medical records, but also personal statements from yourself, family, co-workers, etc.
You may also need to show how your condition has worsened over time. All medical records pertinent to the condition, and even those that are not, should be submitted as evidence.
Keep in mind that your family status may play a role in how the VA approaches your compensation claim. If you are awarded a VA disability rating of 30% or higher, changes in your family status may result in changes to your payments.
Never pass up the opportunity to get additional consideration for your condition, especially if you are entitled to more from the VA as a result of having a family.
You will be required to notify the Department of Veterans Affairs in such cases changes to your claim or payments of the claim in these circumstances are never automatic.
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About The Va Disability Rating System
Veterans with a disability that developed or worsened while serving in the military or due to military service may be eligible for Service-Connected disability pay.
Conditions covered by these benefits typically include:
- Physical disabilities including hearing loss, chronic back pain, asthma and cancers caused by contact with toxic chemicals.
- Mental disabilities including anxiety, post-traumatic stress disorder , depression and traumatic brain injury .
Find a complete list of covered conditions here.
For every disability claim, the Department of Veterans Affairs assigns a severity rating ranging from 0-100%. This rating moves in 10% increments, is based on service treatment records, VA medical records, and private medical records directly relating to the disability.
For Veterans with more than one disability, the VA uses the combined rating table to calculate your disability percentage.
What Is The Va 55 Year Old Rule
Veterans are protected from rating reductions if they are over the age of 55.
Heres an example of how a veteran is protected from a VA reevaluation for PTSD:
Scenario: A Veteran born on March 7, 1963, claims a VA PTSD increase from 50 to 70, which is currently rated at 50%. Medical evidence amassed in connection with the claim supports an increased evaluation to 70 percent, but also indicates that the Veteran recently began attending weekly counseling sessions with a therapist, and that the prognosis for progress is hopeful and the potential for improvement likely. The claim is forwarded to the rating activity for a decision in February 2017.
Result: The increased 70 percent VA rating for PTSD must be awarded and deemed static, with no future review examination scheduled.
Why? Under normal circumstances a routine future examination would be scheduled for performance in February 2020, three years following the rating decisions preparation. However, the Veteran, though only 54 years old at the time of the claims referral to the rating activity, will have surpassed age 55 by the time the examination is conducted. Thus, the VA Rater should NOT schedule a future examination.
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Increase Ptsd Rating Tip #: Get A Ptsd Buddy Letter From A First
Its considered a secondary source of evidence, which can beused to prove a matter at issue.
In this case, youre attempting to prove that your PTSDsymptoms are worse, and that you deserve a higher VA rating for PTSD by law.
Well, are you going to rely on your written testimony aloneor do you think it would help to have another person write a statement on yourbehalf?
Bingo!
A strong personal statement from your spouse, boss, co-work, or someone who knows you well can help prove that your mental health symptoms are worse, which means youre likely to get a higher VA rating for PTSD in less time.
So if youre trying to learn how to increase VA disability rating for PTSD, make sure to get at least one VA Buddy Letter!
Wondering How to Write a VA Buddy Letter for PTSD? Click HERE now.
When Can The Va Reevaluate My Va Disability Ratings
Facing a VA disability rating reexamination can be extremely stressful.
Keep in-mind, however, that VA reevaluations arent necessarily a bad thing.
For example, the VA is trying to determine if your disability rating should be increased, decreased, or kept the same based upon your Frequency, Severity, and Duration of symptoms.
In general, if you have a disability condition thats expected to improve over time, such as a mental health condition thats had a rating for less than 5 years, the VA can reevaluate your disability condition within 2 to 5 years of your initial examinationthis is quite common.
The VA may also reexamine your VA disability rating if theres obvious evidence that your condition has improved or even disappeared.
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How The Combined Disabilities Rating Calculation Works
To determine a veterans qualification for benefits, the VA rates the extent of that veterans service-related disability in 10% increments, going from 0% to 100% . Many veterans, especially as they age, have multiple disabilities, which the VA rates as combined disabilities.
However, the combined disabilities rating calculation is not a straightforward system. For example, a disability rated at 20% and a second disability rated at 30% yield a combined rating of 44%, according to the VAs Combined Ratings Table not 50%, as you might expect. Further, once you reach a disability rating of 80%, each additional disability then increases the combined rating by only 2% for each additional 10% rating.
In other words, ratings of 80% and 10% combine to make 82%, ratings of 80% and 20% combine to make 84%, and so on.
List Of The Top 7 Best Ways To Get 100 Va Disability
How to Get 100 VA Disability
- Tip #1: Use MyHealtheVet to Get Your Current Symptoms Documented in VA Medical Records
- Tip #3: Have a Doctor Complete DBQs for Conditions Already Service Connected
- Tip #4: File for Secondary Service Connection with Credible Medical Nexus Letters
- Tip #5: Obtain a Buddy Letter from a First-Hand Witness
- Tip #7: File for Total Disability Individual Unemployability
Okay, lets explore in detail how to get a 100 percent VA disability rating, regardless of your current rating or even if youve been denied VA benefits in the past.
Veterans, if youve ever wondered How to Get 100 VA Disabilitypay close attention because these tips are for you:
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Best Way To Get 100 Va Disability Tip #: File For Va Total Disability Individual Unemployability
TDIU VA Requirements
VA TDIU stands for Total Disability IndividualUnemployability, but its often referred to as Individual Unemployability.
Did you know disabled veterans who qualify for TDIU areentitled to be paid at the 100% VA disability rate, even if they are ratedbelow 100 percent scheduler, if they can establish that one or moreservice-connected disabilities prevent them from maintaining substantiallygainful employment?
TDIU VA Requirements Do You Qualify?
You may be able to get individualunemployability disability benefits if you meet both requirementslisted below:
*Note: In certain cases, for example, if you need to be in the hospital oftenveterans may qualify for 100 TDIU at a lower disability rating than listed above.
You Served You Deserve!
And weve got your six! Become an Elite Member and talk with one of our Veteran Coaches to begin your journey to a higher rating!