Wednesday, September 28, 2022

Why Is My Va Disability Check Less

Don't Miss

Calculating Multiple Va Disability Ratings

Compensation 101: How did I get this rating?

Multiple disability ratings are a little tricky to calculate and are beyond the scope of this article. But well give a brief overview. In short, the VA uses a special method for calculating multiple disabilities.

Here is a simplified example:

Example: If you have a 30% disability rating, the VA would multiply that against 100%, which is assumed to be good health. This gives you 30%. Subtract that from 100% which leaves you with 70% . Then subtract 70% from 100% and you are left with 30%. If that is your only disability, then your final VA Service-Connected Disability Rating is 30%.

If you have multiple ratings, you continue with the process, using your final number each time as your starting point. Continuing with our example, if your next rating is 10%, you would multiply 10% against 70%, which is 7%. You subtract that from 70%, which leaves you with 63%. Subtract 63% from 100% and you get 37%. Your disability rating is 37%, which rounds up to 40%.

It can get complicated quickly, so I have an in-depth article and podcast that explain how the VA calculates combined disability ratings. I highly recommend reading and/or listening to get a good idea of how the process works!

What Are Ssdi And Sdi

SSDI, also known as Social Security Disability Insurance, is offered to those who have qualifying disabilities or conditions regardless of whether they have served in the United States military. SSDI is a federal-level benefit you earn after working long enoughafter having earned 40 credits.

How are the 40 credits calculated? According to the Social Security Administration those credits are earned by your work and payments into the Social Security fund for a maximum of four credits per year. The credits are based on your total earnings during the year and the requirement to earn those credits is subject to review and change.

Some may earn more credits than they can use in a lifetime, but this does not increase the level of benefit or payment amounts.

Social Security benefits have medical requirements and non-medical criteria. Those meeting the non-medical requirements are paid benefits when it is determined their medical issues are expected to last a minimum of one year or result in the death of the patient.

Social Security Insurance, also known as SSI, is similar to SSDI in some ways, but is a need-based benefit and subject to income caps. Such caps mean that if you draw VA disability pay but not military retirement pay, you may qualify for SSI.

Quick Breakdown Of SSA Benefits

Are Activist State Judges Forcing Many Disabled Veterans Going Through A Divorce To Use Their Veterans Disability Compensation To Pay Alimony Or Else Face Contempt Charges And Jail If They Refuse

The summary of Rose v. Rose above is one illustration of how a veteran tried to get out of paying child support and found that every court which reviewed his case upheld the trial judges decision that he must support his family and obey the courts order, even though his only income was his VA payments. The same principle applies to alimony. There is no justification in disobeying a judge whose ruling is based on the well-recognized decision of the U.S. Supreme Court. If you refuse to pay as the judge ordered, youll very likely be punished by the court and that is the way it should be for those who violate the law or disobey court orders.

Theres no way that any reasonable person would consider the U.S. Supreme Court to be composed of activist judges. As to state courts well, lets take a look

The states are virtually unanimous in their rulings on this. Its a real stretcher to say that all of these courts are all packed with activist judges.

Also Check: California Ssdi Amount 2020

Make The Correct Request

The way that you request an increase in your disability rating will be based on how long it has been since your claim was approved. If it has been less than a year since the VA awarded you disability benefits, you cannot file a motion for reconsideration. You will need to file an appeal, which can require you to attend hearings and court proceedings.

If your request for disability benefits was granted more than a year ago, you can request a reconsideration of your rating. You do this by filing Form 21-526b.

About The Va Disability Rating System

Why is it on my W

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.

Read Also: Can I Gross Up Va Disability Income

Income From An Ineligible Spouse

When an SSI recipient is married to an individual who is not receiving SSI, the eligible individual’s income and resources are deemed to include the income and resources of the spouse. Instead of determining the exact value of any support and maintenance supplied by the ineligible spouse, deeming rules recognize some measure of family responsibility and support the premise that SSI should pay benefits only to the extent that needs are not met by other sources. SSA also deems the income and resources of parents of SSI applicants and beneficiaries under age 18 and the income and resources of sponsors to noncitizens. The same rules for excluding certain income and resources for applicants and beneficiaries also apply to deeming situations. Although the Social Security Act requires SSA to consider the income of ineligible spouses and parents, the actual rules for deeming income are determined by regulation.

The SSI applicant or beneficiary must qualify on the basis of his or her own income, before any deeming of the ineligible spouse’s income is considered. If the ineligible spouse’s income is equal to or less than the difference between the couple and individual FBR, there is no income to deem to the eligible individual. The eligible individual’s own income is subtracted from the individual FBR to determine the benefit amount.

Social Security
= 281.50
1,000.00 + 552.00 = 1,552.00
a. Couple federal benefit rate.
b. Individual federal benefit rate.

Can I Receive Both Va Disability Benefits And Military Retirement

In the past, veterans could not receive both VA disability benefits and military retirement. But, that rule changed in 2004 when Concurrent Retirement and Disability Pay began.

You can now receive both VA disability benefits and military retirement if you hit certain levels of VA disability ratings. This is why a 50% level of VA disability is important to veterans who receive military retirement pay.

If you are rated by VA overall under 50%, then you cannot receive your military retirement pay and your VA disability pay. But, once you hit that 50% rating level, then the offset goes away and you can receive both your military retired pay and your VA disability pay.

This change in the rule was a huge benefit to veterans. It recognized that veterans should receive compensation for their years of service and also for the disabilities they incurred while they were serving our country.

You May Like: How To Change Va Disability Direct Deposit

What Is The Va Disability 5

Berry LawVeterans Benefits

The VA disability 5-year rule says that a Veteran cannot have their rating reduced if their condition has not improved in the first 5 years after they received their initial rating for the condition. This means that the VA cannot reduce the Veterans rating if it has been in place for 5 years, unless the condition has significantly improved.The VA is responsible for approving or denying disability claims filed by Veterans, and the Department also oversees the benefits that Veterans continue to receive after they qualify for disability compensation.

In many cases, the benefits granted by the VA to disabled Veterans are given indefinitely. However, certain factors can prompt the VA to re-evaluate a Veterans condition to determine whether they should continue receiving the same level of disability compensation.

What Is The Stem Edith Nourse Rogers Scholarship

What to Do When VA Proposes to Reduce Your Disability Rating

Through the STEM Edith Nourse Rogers STEM Scholarship, Post-9/11 GI Bill® students who have exhausted or are about to exhaust their entitlement may be eligible for nine months of additional benefits. Review this approved degree list for a complete list of eligible STEM fields. Priority for the Rogers STEM Scholarship will be given to individuals who are entitled to 100% of Post-9/11 GI Bill® Benefits and who require the most credit hours.

You may be eligible if you are a Veteran or Fry Scholar currently enrolled in a STEM undergraduate degree program and:

  • Your current STEM undergraduate degree program requires at least 120 semester credit hours for completion.
  • You have completed at least 60 semester credit hours toward your degree.
  • You have or will soon exhaust your Post-9/11 GI Bill® entitlement

Apply on VA.gov/education. Scholarships are awarded on a quarterly basis in January, March, July and October.

Recommended Reading: How To Calculate Disability Retirement Pay

When Does Va Reevaluate Your Service

VA usually reevaluates veterans service-connected disabilities on two occasions:

  • Six months after leaving military service and
  • Between two and five years from the date of the decision to grant VA disability benefits.

The purpose of reevaluation is to verify either the continued existence and/or the current severity of a service-connected condition. VA will also require reevaluation in cases where it is likely that a veterans disability has improved, such that there is evidence indicating there has been a material change in a disability or that the current rating percentage is incorrect. If there is a significant improvement to the veterans health, VA may choose to assign a lower disability rating, thereby lowering the amount of monthly compensation the veteran receives. VA may also determine that a disease or disability no longer exists, and discontinue benefits. Cancer is a common example of a service-connected disability that requires reevaluation as the result of material improvement. Specifically, if a veterans service-connected cancer goes into remission, it is likely that VA will reevaluate the condition and assign a new disability rating based on any residuals. However, if VA decreases your benefits based on the reevaluation of your condition, you have the right to request an increase if your condition worsens again.

Consider The Possible Consequences

When you ask the VA to increase your disability rating, they will review your entire file. They could decrease your benefits if they determine that your condition has gotten better or that a mistake was made in the initial determination of your disability benefits. Before deciding whether to request an increase, you should consult with your physician and an experienced VA disability lawyer.

You May Like: How To Change Direct Deposit For Va

When Will I Get My Va Disability Back Pay

You have received an award for retro or VA back pay and you want to know how long it will take for the VA to pay you your disability benefits. Well, according to the Department of Veterans Affairs, once a veteran receives a rating of 10% or more, they will receive a payment within 15 days of their disability claim being granted. However, this is not always the case. Often times, the start date for your VA disability back pay is held up for several months. The VA can hold up payment ony our disability compensation due to several issues:

  • Being unable to find the Veteran make sure they have your current address and banking information for direct deposit.
  • If a Veteran requires a fiduciary if a Veteran has been found incompetent to handle their funds, they will have to find a person to do so for them before their award is issues.
  • If the Veteran received severance, disability, or retirement pay during the effective time of the retroactive disability pay or for the same condition they were medically discharged from active duty service for, the VA will have to calculate and deduct those payments from the amount of back pay.
  • If the Veterans disability rating is staged, different rating levels at different times, then the VA will have to calculate the different ratings for each time frame to get a total award which will take a little longer.
  • Why Does The Va Claim That Its Not A Law Enforcement Agency And Thus Cannot Enforce Title 38 In Divorce Courts

    2011 Pay Rise less than 20ys  $aving to Invest

    Thats because

  • Its not a law enforcement agency. Its not the Department of Justice, the FBI, the Secret Service or the BATFE . Its just the Department of Veterans Affairs!– and –
  • It does not have the authority given by Congress, nor the manpower to go into court to intervene whenever a divorce court was considering VA payments in a case involving family support or garnishment. Nobody has that kind of unlimited personnel budget!
  • Also Check: How Much Does Disability Pay In California

    You May Not Be Receiving The Benefits You Deserve The 5

    The 5-year rule protects a Veteran from receiveing Veterans disability benefits based on the assumption that their condition has improved over time. Because of this, many Veterans have had their disability scores increased while still seeking treatment for their disabilities. If you are continuing to get treatment and suffer from a service-connected disability, you deserve to continue receiving disability compensation from the VA. If your condition is re-evaluated and your disability rating gets lowered, you can dispute the VAs decision to lower your rating by making an appeal.

    Appealing a VA decision can help you keep the benefits that you deserve in some cases, the appeals process can even lead to an increased disability rating. If your rating has gone down after a VA re-evaluation, one of the best steps to take is recruiting a reliable attorney and appealing the VAs decision. An attorney can help you make a successful appeal by assisting you in navigating the often-complicated VA appeals process.

    What Happens After I Submit An Enrollment Certification Request

    An Enrollment Certification Request form should be submitted before the start of each semester that you plan on using benefits. After you submit the form, it will be routed to your academic advisor for review and approval. Your advisor will approve that you are enrolled in the proper coursework. This is your way of alerting our office that you want to use VA benefits so we can certify your enrollment and you can receive VA monthly stipends. It is really important that you do this as soon as you are registered so you dont experience payment delays. We ask that you have the form in at least four weeks before the start of the semester.

    You May Like: How Much Does Disability Pay In California

    Will Crsc Reimburse The Full Amount Of Va Waiver

    It is important to note that CRSC may not reimburse the full amount of the VA waiver if only some of the veterans service-connected conditions are combat-related. For example, the veterans branch of service may determine that only 40 percent out of their 60 percent combined disability rating is considered combat-related, in which case the branch would reimburse only the amount of VA compensation you would receive for a 40 percent disability rating.

    How To Speed Up Va Claim Tip #: Be Patient And Stop Uploading Evidence In Support Of Your Claim

    Do You Know How To Raise Your 90% VA Rating To A 100% VA Disability Rating?

    Its really hard to be patient when youre going through the VA disability processI get it.

    I realize youre probably checking on the status of your claim daily.

    Heres a message for you: Slow down, take a breath, and do your best to be patient.

    The VA has your claim and theyre working it, along with many others, on a first-in, first-out basis.

    The good news is you dont have to wait years anymore youll probably get a rating decision within 120 calendar days or less from submission.

    Can I Submit More Evidence After VA Claim Submission?

    While you can submit additional evidence after claim submission, theres a time and a place to STOP.

    Heres my recommendation and litmus test:

    • If youve already had your C& P examsstop uploading additional evidence, unless its a rebuttal to a bad exam and youre requesting a new one.
    • If you have medical evidence that you think would help the VA rater make a better rating decision, such as a new VA or private medical report, a new DBQ, or a new Nexus Letter to support your claim that you didnt previously upload, go ahead and upload it, especially if its before youve had your C& P exams.

    Its important to understand that when you upload additional evidence after submission of your VA claim, it forces the Veteran Service Representative to review it, which can slow down the process.

    For example, lets say the Rating Veteran Service Representative is already looking at your claim.

    Should I Click the Ask the VA to Decide My Claim Button?

    Recommended Reading: How Do I Increase My Va Disability Rating

    What Is Va Disability Compensation

    If you were wounded or injured or became sick as a result of your military service, you may be entitled to VA disability compensation. This benefit is a tax-free monthly payment from the Department of Veterans Affairs to affected military veterans.

    The amount you may receive varies with the severity of the service-related condition. The more severe or debilitating your condition, the more VA disability compensation benefit you may receive.

    The VA pays benefits for physical wounds and injures as well as mental health/psychological conditions. So you may receive benefits for service-related mental health conditions including post-traumatic stress disorder , anxiety, and depression.

    To qualify for VA disability compensation, you must be able to show that your disability was due to your military service, aggravated by your military service, or it must be one of the conditions listed as presumptive by the VA. See below for a more detailed discussion of presumptive conditions.

    More articles

    Popular Articles