Va Classifies Your Disability As Permanent And Total
Permanent and total disability is a special classification used by VA when it believes that a veterans condition is so severe that the condition will never improve.
Once you receive this classification, your rating is mostly safe. Only in very rare situations, such as fraud, can VA lower the rating of a veteran who has a permanent and total disability.
Determining Your Disability Rating
The VA has a massive listing of medical conditions and disabilities, along with rules and conditions that ultimately result in the assignment of a disability rating. You can see the entire list online at www.warms.vba.va.gov/bookc.html. The Schedule for Rating Disabilities can be found in Part 4 of Title 38.
How To Increase From 90% To 100% Va Disability
You should never settle for less compensation than you deserve for your honorable service. You owe it to yourself and your family to get the benefits you earned for your sacrifice.
If youre sitting at a 90% disability rating but believe you could qualify for more, then by all means you should try! Consider that the difference in compensation between 90 and 100 percent disability for a veteran with no dependents is $1,333.54 . The increase form 90% to 100% VA rating is a game changer for veterans and their families.
Also, having a 100% disability rating can entitle you to many other valuable benefits beyond compensation. Our 25+ Best 100 Percent Disabled Veteran Benefits: The Ultimate Guide is a great resource to learn more about benefits such as the Veteran Benefits Banking Program, waiver of VA funding fee for home loans, Vocational Rehabilitation & Employment, and more.
If youre ready to bump up your rating that extra 10% to reach a 100 percent disability rating, then take advantage of a FREE VA Claim Discovery Call with an experienced VA Claims Insider team member to find out how we can help make it easier and faster.
To learn more on your own, we recommend checking out our comprehensive Top 5 Ways to Increase VA Disability Rating This Year .
Don’t Miss: Non Profit Organization For Disabled
Asking Va To Make Your Disability Rating Permanent
If you believe that your disability is unlikely to improve at any point in the future, you can submit a claim to VA requesting a permanent rating. With your claim, you should include medical evidence, treatment records, and doctors opinions showing that your condition cannot be expected to improve in the future.
Va Reexamination For Ptsd How Often Does The Va Reevaluate Ptsd
The VA uses a tiered system to determine how often a veteran should be reevaluated for PTSD. The VAs number one priority is making sure that veterans are getting the care they need when they need it.
In order to ensure that veterans are receiving the best possible care, the VA conducts regular reviews of all treatment programs, including those for PTSD. As part of these reviews, the VA may recommend that veterans be reevaluated more or less often, depending on their individual needs.
NEED MORE ASSISTANCE?
Most veterans are underrated for their disabilities and therefore not getting the compensation theyre due. At VA Claims Insider, we help you understand and take control of the claims process, so you can get the rating and compensation youre owed by law.
Our process takes the guesswork out of filing a VA disability claim and supports you every step of the way in building a fully-developed claim so you can increase your rating fast!
If youve filed your VA disability claim and have been denied or have received a low ratingor youre unsure how to get startedreach out to us! Take advantage of a FREE VA Claim Discovery Call. Learn what youve been missingso you can FINALLY get the disability rating and compensation you deserve!
Weve supported more than 15,000 veterans to win their claims and increase their ratings. NOW ITS YOUR TURN.
Read Also: How Do You File For Disability
What Other Factors Does The Va Take Into Account For Disability
There are other factors that make the ratings change too. For example, if a veteran has a rating on each leg or each arm then those ratings are combined together and give the overall combined rating an extra boost. Also, if a veteran has too many ratings on one arm or leg then VA stops counting those ratings. Further, a veteran can step up to 100% through total disability due to individual unemployability. That veteran must show that he cannot work and that he meets a certain rating.
The only help the VA offers veterans is to provide a chart and a couple dozen rules and exceptions. Ironically, the VA does not even use this chart. Instead the VA has its own combined rating calculator. VA employees actually call it the Combinator.
Do You Need Help With Your Va Claim Appeal
Now that you know the answer to how do I check my VA claim status? you can see that checking up on your claim is not hard.
What can be tough, however, is receiving a fair disability rating and rate of compensation. If you have suffered a disability thanks to your time in service, you deserve to be compensated for it.
This is where we come in. We help veterans across the country gain fair compensation for their disabilities.
If you have received an unfair evaluation from the VA, we will represent you during the appeal process and do everything in our power to ensure that your appeal is successful.
We keep on the VA and make it our mission to speed up the process. We also notify you of every development. You wont need to phone us up and check on things.
Whats more, we dont charge a dime unless we win your case for you. We have been assisting the injured and disable for over 35 years and specialize in VA appeals. Reach out today and let us assist in you winning your VA appeal.
Yet to apply for VA benefits? We offer free assistance with the process. Contact us today to get the help you need.
Recommended Reading: Does Long Term Disability Cover Maternity Leave
How To Check Va Appeal Status
Once you have filed an appeal on a claim, you will want to know how to check your VA appeal status. You can do this by following the same channels as mentioned above for checking claim status.
These are:
- Checking online by creating an account on the VA site or an eBenefits account
- Telephone the VA with your appeal number
- Visiting a regional VA office
In general, we would recommend that you use the online portal as you can use this to upload documents.
It is essential that you keep tabs on your VA claim appeal, as you may need to submit supporting evidence. If you fail to do so, this can prolong the appeal process.
If you choose a private veterans law attorney to represent you, they will be able to keep you up to speed on what is required of you throughout the appeal. We keep in contact with you as we work on your claim and have a whole team dedicated to every veteran we serve.
Checking Your Va Claim Status Online
One of the easiest ways to check up on the status of VA claims is through the VA website. All you have to do is create an account. If you have a DS Logon, My HealtheVet, or ID.me account, you can also use these to sign in.
Once signed in, you will need to navigate to the My VA dashboard, by clicking on the link at the top right-hand corner of the page. Then, scroll down to Track Claims. Here you should be able to see a list of any open claims as well as appeals.
To check the VA status of a claim in more detail, click on View Status. Here you will also be able to view supporting evidence such as medical reports and test results.
Besides viewing existing evidence, you can also use the portal to upload additional evidence to support your claim. Take note that this will only work for a disability claim, not for an appeal.
If you have an eBenefits account, you can also use this to view your claim status. Simply log in, navigate to manage benefits, and the portal will redirect you.
Don’t Miss: What Is The Social Model Of Disability
When Will I Receive My First Va Disability Check Timeline For Va Pay
Berry LawAppeals
If you are a Veteran who has a service-connected disability, you may qualify for monthly tax-free benefits from the VA. The VA offers disability benefits to any Veteran who has a mental or physical condition that is directly linked to their military service. The VA awards benefits to Veterans with disabilities that are both mild and severe the primary factor that qualifies a Veteran to receive disability benefits is a verifiable connection between their disability and their military service.
Many Veterans do not realize that the health problems they deal with on a regular basis may be directly linked to their time in the military and these service-connected conditions can qualify them to receive disability benefits from the VA. If you are dealing with either a psychological or physical disability and feel that it may be linked to your military service, make sure to visit your doctor and have your condition assessed. Your medical care provider will be able to help you determine whether you have a service-connected disability.
In this post, we will cover the process of qualifying for VA benefits. Well also go over the timeline for receiving your first disability payment from the VA and what to do if your disability claim is denied. Keep reading through to the end to learn how Berry Laws dedicated attorneys can appeal the VAs decision on your claim and help you get the benefits that you need and deserve.
Fully Developed Disability Claims
The next fasted option is the Fully Developed Disability Claims program.
The primary difference between the FDDC program and filing a standard claim is the Veteran must provide all evidence upfront and certify there’s no additional evidence needed to make a claim decision.
At a minimum, the Veteran should provide:
- All military personnel records on the condition, and
- All service treatment records on the condition, and
- All private medical records on the condition, and
- All VA health records or supplementary information about related VA health records that the VA can request on your behalf
If the VA requires additional information, the claim typically gets removed from the FDDC program and is processed as a standard claim.
Recommended Reading: Can You File For Disability While Still Working
Resources For If You Receive A Va Reexamination Notice For Va Disability Reevaluation
At VA Claims Insider, we are an education-based Coaching/Consulting company for disabled veterans exploring eligibility for increased VA disability benefits and who wish to learn more about that process.
We can also connect veterans with independent medical professionals in our referral network for medical examinations, disability evaluations, and credible Independent Medical Opinions & Nexus Statements for a wide range of disability conditions.
You can also find our many free resources here.
What Should I Do If I Get A Proposed Va Rating Reduction
If the VA proposes to reduce an existing VA disability rating, the veteran has 60 calendar days to respond.
If you disagree with the proposed reduction, you must provide the VA with medical evidence showing that the disability has NOT improved.
You can get your treating physician to write a letter on your behalf, upload specific sections of medical evidence that shows your condition has not improved, or upload any other medical reports or evidence to prove your disability has not gotten better.
Recommended Reading: Do You Have To Pay Taxes On Disability
Va Benefits Decreased After Va Disability Reexamination
If your disability compensation payments are reduced, read the letter to ensure you understand VAs rationale for the decrease. After that, if you still disagree with the reduction, note that veterans can submit a Notice of Disagreement .
You can appeal either through a higher-level review or board of appeals. HLR uses 20-0996 form while the latter uses 10182 form. To file your notice of disagreement, you must do so within one year after receiving notification from the VA.
Youll fill out the Board Appeal form to protest what you dont agree with and how you want your appeal to continue. You have three options under the BVA: Request a Direct Review, Submit more evidence and, Request a hearing.
If you choose the option to submit new evidence, make sure you have all relevant papers to support your appeal. Talking with your medical professionals might be helpful to prevent missing anything. If your VA rating was lowered due to your disability, you must submit documentation to support the gravity of your condition and how it affects your daily life. It can include private medical records, VA health records, and statements from people close to you.
Appeals can take anywhere from five to twelve months. If the VA reverses your decision, youll get a refund of your pay benefits to compensate for the loss. If your first appeal doesnt work, you may restart the process by choosing a different review approach on your notice of disagreement.
When Can Va Reduce Disability Ratings
Veterans with service-connected conditions that are not considered permanent may be sent for future Compensation & Pension examinations in order for VA to evaluate the severity of those conditions and rate them appropriately. If VA finds that a veterans condition has improved, it can reduce their disability rating. According to 38 CFR § 3.105, a rating reduction may only take place in cases where:
- VA has reviewed the veterans entire medical history
- The veteran undergoes a thorough examination that is adequate for rating purposes
- VA finds sustained improvement in the veterans ability to function under the ordinary conditions of life, including employment
Here, sustained improvement is considered to have been demonstrated when a preponderance of evidence portrays a lessening of service-connected symptoms that has persisted consistently over time, across situations, and under the conditions of ordinary life . In other words, the improvement must not be circumstantial in nature or attributable to mitigating factors, such as:
- A disabilitys predisposition to temporary or episodic improvement
- Temporary alleviation by prolonged rest, or
- Less thorough or complete modes of examination
Recommended Reading: How To Apply For Ssi Disability Benefits
What Is The Purpose Of The Ratings System
The VA uses a disability rating system to evaluate the severity of a veterans service-connected conditions and determines the level of compensation they should receive. The VA rates disabilities on a scale from 0 to 100 percent, in 10-percent increments. A veteran with a 40 percent disability rating, for example, would receive compensation equivalent to 40 percent of the average earnings of a non-disabled worker.
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.
Recommended Reading: Is Diabetes A Disability For Medicaid
When Your Va Disability Rating Might Be Permanent
VA deems a disability permanent when it is reasonably certain, based on medical evidence that the level of impairment will continue for the rest of the veterans life. For this reason, VA is allowed to take age into account when determining whether a disability is permanent and it can be more difficult for younger veterans to be considered permanently disabled. When VA decides a veterans service connected condition is permanent in nature, it no longer requires veterans to attend re-examinations. According to 38 CFR § 3.327, you are exempt from future examinations when:
- Your condition is static
- Your condition has persisted without material improvement for a period of five years or more
- The disability from disease is permanent in character and of such nature that there is no likelihood of improvement
- You are over 55 years of age, although some exceptions may apply
- The rating you received is the prescribed minimum rating or
- If a lower rating would not affect your combined disability rating
What If I Have Multiple Disabilities And Ratings
If you have multiple ratings , the VA does not simply add them together to create your final rating. What the VA does is combine your ratings according to a formula. To apply this formula, the VA uses a Combined Ratings Table. The combined rating is then rounded up or down to the nearest whole number. In no case can you receive a rating that is higher than 100%.
For example, say you have one disability rated at 40% and another rated at 60%. Again, you might think this entitles you to a 100% rating, but it does not. You can use the Combined Ratings Table to see what your combined rating will be. Go across the table to where you find the 40, then scroll down until you see the number 60 in the left hand column. There you will find the number 76, which will be rounded up to the nearest increment of 10, which is 80. Your combined disability rating will be 80%.
Also Check: How Does A Veteran Get 100 Disability
When Will I Receive My First Va Disability Payment
After an average wait time of around 150 days, the VA will let you know whether they have approved or denied your claim. If your claim is approved, you will typically receive your first disability payment within 15 days of approval. After this, your disability payments will recur monthly on set dates. These dates are typically near the beginning or end of a month.