% 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.
How Long Will It Take For The Va To Process My Disability Claim
On average, it takes the VA about three to four months to process a disability claim and make a compensation decision.
The amount of time depends on the type of claim filed and how many injuries are claimed on the corresponding VA form. It may take longer for the VA to collect the necessary evidence to make a decision if the documentation isnt readily available.
Tdiu Ratings Are Not Always Permanent
It is important to note that the Total Disability Based on Individual Unemployability is not always permanent. For veterans that have been granted entitlement to TDIU, VA can only revoke TDIU status if actual employability is established by clear and convincing evidence ). In other words, VA can only sever your TDIU status if you have been found to be capable of substantially gainful employment. It is important to note that in order for the employment to be substantially gainful, the veteran would have had to be employed for at least 12 consecutive months and earning over the federal poverty threshold.
Note: VA can revoke your disability benefits if it determines that you obtained the rating through fraud or determined it made a clear and unmistakable error.
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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
Va Claims Processes And The 100% Permanent And Total Disability Rating
The VA claims review process for assigning disability ratings has everything to do with the nature of the medical issue, when and how it developed, and whether or not the problem is service connected and/or permanent.
That rating process does not take into consideration whether or not employment difficulties were caused by the condition. There IS a process that rates veterans in terms of how employable they are having the VA rated medical conditions, but this is done when applying for Total Disability Individual Unemployability Claims, not the initial VA claim.
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First Things First: Who Can Qualify To Receive Va Benefits
The Department of Veterans Affairs grants monthly disability payments to Veterans who suffer from service-related disabilities. These conditions can be physical, internal, or psychological, as long as they significantly impact your life and are directly connected to your military service.
If you are a Veteran who has a disability thats linked to your service, you can apply to receive a rating from the VA. This disability rating will directly correspond to the amount of benefits you can receive from the VA each month. The VAs ratings range from 0% to 100%, with a higher rating leading to more significant benefits. The difference in benefits between even the 10% and 20% disability ratings is large and even a small increase in your disability rating can be a game-changer in terms of covering expenses.
You can start an application to receive benefits by using the VAs eBenefits portal, calling your regional office, mailing in an application, or filling out an application in person at the VA. After you file a claim to receive benefits from the VA, there are a few more steps you may have to take to receive your benefits.
When Should I File My Claim
File your claim as soon as possible after you decide that you might qualify for benefits. You must use the right forms to start your VA Claim. You will also need to send any supporting statements along with the right forms. This page will discuss the two ways to submit your claim. The next page has information about the forms specific to start claims.
NOTE: You can always search the VA’s form library to find the form to file for a specific purpose.
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Is My Va Disability Rating Permanent
VA offers protections for disability ratings that have been in effect for certain periods of time. Furthermore, there are a few occasions in which your VA disability rating may become permanent. Until these regulatory protections kick in or your ratings become permanent, VA may sever or reduce a veterans disability rating based on specific findings. To determine whether your service-connected condition still warrants a particular disability rating, the U.S. Department of Veterans Affairs will require you to undergo an examination.
The Bottom Line: Make The Most Of Your Service
Knowing what your award letter is and where to find it will help ensure that you have access to all of the benefits that you deserve for your service. When it comes to home buying or refinancing, those benefits include saving thousands of dollars by avoiding the VA funding fee.
Already have a copy of your VA award letter and ready to get started on your next VA home loan? Get approved with Rocket Mortgage® today.
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Help With Your Va Disability Claim
If you need assistance with your disability claim, you can visit your local VA office. You may also get help from a disability lawyer. An experienced disability benefits attorney can review your claim, gather vital evidence, and prepare the necessary paperwork to help you receive the compensation you deserve. If youve been injured in service to your country, we can assist you with your VA benefits claim. Call us today or complete the contact form on this page.
How Do I Determine My Va 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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Combined Rating System For Veterans With Multiple Disabilities
Veterans with multiple disabilities use the combined rating system.
To use the combined rating system, arrange the disabilities in order by severity and locate the intersect of the two numbers on the table below.
The VA rounds the final figure to the nearest to 10 percent.
If the Veteran has more than two disabilities, find the combined value for the first two, without rounding, and repeat with the third disability. Once you have a final number, round to the nearest 10%.
For example, if disability 1’s rating is 40% and disability 2’s is 20%, the combined rating is 52%. That figure gets rounded to the nearest 10%, making the disability rating 50%.
For a three-disability example, if disability 1’s rating is 60%, disability 2’s rating is 30%, and disability 3’s rating is 20%, we first find the rating of 1 and 2. The rating of 1 and 2 comes out to be 72. We then take the first combined rating and find the intersect with disability 3. The final number comes out at an even 80% rating.
Can My Disability Rating Increase
If you receive a disability rating from the VA, it is not set in stone, and certain factors can cause your rating to go up or down. The VA may decrease your rating by default if they assume that your condition has improved over time.
To prevent the VA from reducing your rating, stick with your treatment plan, take any prescribed medication, and go to routine checkups with your doctor. The VA will want to see that you are still receiving treatment in order to maintain your rating. If you stop going to your appointments, the VA has reason to believe you no longer need them.
You can also take steps to increase your disability rating by filing an appeal or by requesting a reevaluation from the VA. The VA may increase your disability rating if you suffer from a condition with symptoms that tend to worsen over time. Degenerative diseases like Parkinsons disease and certain types of cancer often progress as time passes, meaning that you may be receiving fewer benefits than you deserve as your symptoms worsen. If you have had the same disability rating for years, but your condition has gotten worse, seek a reevaluation from the VA.
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An Existing Condition That Service Made Worse:
If a veteran entered the military with an existing condition and their service made it worse, they may also be eligible for disability benefits.
Evidence for supporting eligibility comes from a veterans service records, including the military branch in which they served, proof of a disabling disease from medical diagnosis, and a reasonable likelihood their disability is directly service-related.
A can help you document all of the necessary evidence to support your claim, including where and how your military service is connected to your current mesothelioma diagnosis.
Fully Developed Claim Vs Standard Claim
The VA offers an optional fully developed claim program to assist veterans in receiving a decision regarding their VA disability compensation, faster. The term fully developed claim means that you have provided all the information the VA requires when making an approval or denial decision on a disability claim. Here is the information you need to submit to the VA for your claim to be considered a fully developed claim:
- VA Form 21-526EZ, the Application for Disability Compensation and Related Compensation Benefits.
- Medical records and all other supporting documentation you think will help your case.
- Check with the VA to ensure that you dont need to provide additional information to support your disability claim.
- Attend your C& P exam and other medical appointments required by the VA.
The VA considers the following appropriate evidence for a fully developed claim:
- All medical records related to the condition for which you are filing a disability claim, including as a civilian and while completing military service.
- Any military records that relate to your disability claim.
- Medical records that you dont currently have in your possession that the VA can request from a federal facility such as a VA hospital.
With a standard claim, the VA takes on more of the responsibility of document and evidence gathering. You still need to complete VA Form 21-526EZ and undergo a C & P exam as well as attend any other medical appointments requested by the VA.
How Do I Login Ebenefits
How do I access eBenefits? eBenefits is located at www.ebenefits.va.gov. Before Veterans can access and use eBenefits they must be listed in the Defense Enrollment Eligibility Reporting System and obtain a DS Logon. Service members can access eBenefits with a DS Logon or Common Access Card .
although, How do you change your DS login?
DS Logon Login. ACTION NEEDED: Phone Numbers can be updated by yourself by logging into your DS Logon account and going to « UPDATE CONTACT INFORMATION. » This will take you to a screen to update your own phone number and email.
Besides, Can I view my DD 214 online?
Most veterans and their next of kin can obtain FREE copies of their DD Form 214 via online access. To use the system, you must be a military veteran, next of kin of a deceased member of the military, or former member of the military.
however How do you know if you are 100 permanent and total? Check the letter to see if you have any future examinations, read the VA explanation of the determination it has made on your case, and be sure to double check the letter for a section featuring a check box indicating that your VA rating is Permanent and Total. Call the VA directly at 1-800-827-1000 if you have
so that How do I obtain my DD 214?
Can you use DS Logon for myPay? You can establish a DS Logon Premium account online using your Defense Finance and Accounting Services myPay Login ID.
Is That The Va Calling You
A representative from the VA may call you for any number of reasons regarding your claim. Be aware that you may need to provide the last four digits ONLY of your social security number to verify your identity. The VA will not ask for your full social security number or any credit card numbers over the phone. If you contact the VA regarding an issue, you may need to provide your VA claim number for quicker service.
Make sure you understand what the caller is asking and confirm before you hang up. If you are being scheduled for an examination, you may be called by a company called QTC that contracts with the VA to provide exams. Always double check which hospital or clinic you have to go to for the exam. It may not be the usual place you receive care. If the VA is requesting more evidence, be sure to be clear on what they are asking, and if you have a representative, be sure to contact him or her for advice.
We recommend sending any correspondence by certified mail, return receipt requested, so you have proof of delivery. The VA is updating its electronic portal eBenefits so that you can receive an electronic receipt. When this is fully functional, we also recommend this method of sending information.
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What Evidence Can You Use To Prove Your Condition Is Getting Worse
One of the most important pieces of evidence you can use to prove your disability is getting worse is your medical records. You can use records from a VA hospital or another public or private military service hospital. Records that reflect your hospitalization, medications, and treatment plans including therapy, are crucial to proving your case.
The good news is that youve already been approved for your initial claim, so you dont have to go to the lengths this time around that you did when you initially had to show your disability. You simply need to provide proof that things have changed, and if you have difficulty obtaining this proof, one of our skilled VA attorneys can help you get it. In addition to updated medical records, the VA may also require you to undergo a medical exam with one of their appointed medical professionals, so it is good to be aware of that ahead of time.
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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Receipt Of Claim By The Va
You will receive an acknowledgment from the VA that the agency received your claim depending on how you initially filed it. If you filed online, you would receive acknowledgment when you complete and submit the application.
For disability claim applications sent by mail, you can expect a letter from the VA acknowledging receipt in approximately one to two weeks. If you use a system called eBenefits, you should see a notice from the VA in your list of claims within about one hour.
Should you have any questions while filing your disability claim, you may call the VA at 1-800-827-1000. You can also request help from your attorney at Hill & Ponton.