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If you are a veteran and have a medical condition that was caused or worsened by your military service, you might qualify for disability benefits from the U.S. Department of Veterans Affairs (VA). The amount of benefits you may be able to receive will be based on your disability rating.
The VA disability lawyers at Lynch Law Firm, PC explain disability ratings below. Contact us today to schedule a free, no-obligation consultation to discuss your case with a knowledgeable VA attorney. If you were assigned a disability rating you do not agree with, we may be able to help you appeal the rating.
If your application for VA benefits is approved, the VA will assign you with a disability rating. This rating signifies the seriousness of your disability and directly correlates to the amount of benefits you will receive.
Ratings can be between 10 and 100 percent and increase in 10-percent increments. Individuals who have lower disability ratings have what the VA considers to be less serious disabilities. A higher disability rating indicates that the veteran has a more serious disability.
The higher your disability rating, the higher monthly compensation you will receive. For example, a single veteran with no children and a 10-percent rating would receive compensation of $133.57 at the time of publication. If the veteran had a 100-percent rating, he or she would receive monthly compensation of $2,915.55. The current amount of compensation is updated periodically on the VA’s website.
The disability rating determines the base amount of compensation a veteran will receive. This amount can be increased for multiple disabilities or injuries or if the veteran has dependents, such as a spouse or children. This amount is also subject to an annual cost of living adjustment.
In many instances, a veteran may have more than one disease or disability. However, the VA does not simply add the disability rating for each condition, such as adding a 20-percent rating to a 30-percent rating to get a 50-percent combined rating. Instead, the VA uses a Combined Ratings Table to calculate a combined disability rating.
The VA arranges the disabilities in order of severity. It then determines the percentage of efficiency the veteran has after the most severe disability. The next most serious disability is then considered and applied to this remaining efficiency to get a new disability rating.
For example, if a veteran is 40-percent disabled, he or she is still 60-percent efficient. The VA will combine the veteran’s efficiency rating from the first disability with the disability rating for the next most severe disability. The resulting number is then added to the disability rating for the most severe disability. This process repeats until all disabilities have been accounted for. The final number is then rounded to the closest increment of ten.
If you disagree with the disability rating the VA has assigned to you, it is possible to appeal the decision. However, it is best to pursue this type of action with the help and guidance of a trusted VA disability attorney.
Our firm has helped countless veterans receive disability benefits after sustaining injuries and disabilities in the armed forces. We can help you navigate the complex VA disability process.
We provide a free initial consultation and work on a contingency fee basis, so there are no upfront fees and you do not pay unless you receive benefits.
Call (800) 518-0508 and speak to a lawyer today.
The term “100 percent disabled” in reference to disability benefits from the U.S. Department of Veterans Affairs (VA) can be confusing because it can mean different things in different contexts.
Because there are several paths to achieving a 100 percent disability rating, our New Jersey veterans’ disability attorneys explain the various types of 100 percent VA disability ratings and how they affect your ability to work. For more information about the benefits you may be eligible for, contact us today for a free, no obligation review of your claim.
A disability rating is the percentage the VA assigns to your disability when determining your eligibility for different types of benefits. It also determines the compensation rate you will receive.
Ratings range from zero to 100 percent in 10-percent increments. Those with a lower percentage are considered to be less impacted by a disability than those with a higher percentage.
According to the Department of Veterans Affairs Code § 3.340, the different types of 100 percent disability ratings include:
A service-connected disability stems from an injury that occurred or was aggravated during your service. Veterans with this type of 100 disability rating are still able to hold gainful employment, which is defined as being able to earn a livelihood.
This category applies if you request benefits at a 100 percent disabled rate even though your disability rating is below 100 percent. This type of claim can be made if you have a service-connected disability that prevents you from maintaining gainful employment.
To fall within this category, you must meet the following requirements:
This type of award is sometimes awarded to veterans who do not meet the percentage criteria but can show that their disabilities create a distinctive barrier to obtaining gainful employment.
Due to the requirements for this classification, veterans who receive a 100 percent disability rating for TDIU cannot work full time. However, they may be able to work part-time or in marginal employment subject to an annual income limitation.
A veteran can achieve this rating if he or she meets one of the following requirements:
This rating allows the veteran to be paid the maximum compensation during the hospitalization or recovery period.
When the VA acknowledges that there is no likelihood that the condition will improve and the veteran is expected to stay at this disability level, permanent and total disability can be awarded. This type of rating provides additional benefits to the veteran, such as educational benefits for dependents.
The VA system is complex and it is usually in a veteran’s best interests to work with an experienced veterans’ disability benefits attorney when requesting compensation.
The proper forms and evidence must be presented to the VA to avoid an administrative denial. A veterans’ attorney can explain the different types of disability ratings and caution the veteran about certain filings that may impact their claim.
Call our New Jersey personal injury law firm today at (800) 518-0508 .
