Many veterans get frustrated with VA and the time that it takes to receive the benefits they should. While VA has a duty to assist veterans with their claims, it may often feel like they are not doing that. When veterans finally do receive a decision, that decision often has errors.
These frustrations sometimes make veterans reluctant to pursue their VA claims. Even when their service-connected disabilities get worth, they may delay filing for increased ratings because they just do not want to deal with the hassle. Some veterans with service-connected disabilities do not file for benefits at all.
Is it worth pursuing a 100% VA rating?
Veterans have to consider the value to them when they decide whether to pursue a claim. Filing a claim with VA does take some time, and proving a 100% rating can be difficult.
One value to a veteran of a 100% rating is the monthly benefit paid by VA. This amount varies depending on the veterans marital status and dependents and is subject to change each year. But, there is a substantial amount of difference between the monthly amount paid with a 90% rating and the amount paid with a 100% rating.
Let’s take the situation of a single veteran who is not married and has no dependents. In 2018, that veteran is going to receive $2,973 and some change each month for a 100% VA disability rating.
If a veteran is married, then that benefit amount increases to a little more than $3,139. In some situations, a married veteran with several children might end up receiving as much as $3,500 to $4,000 per month.
It is also important to remember that these benefits are tax free. So, the value of a 100% rating is even more when you consider that you do not have to pay taxes on the benefits..
Why does a 100% rating pay so much more than a 90% rating?
The idea behind VA ratings is that they compensate veterans for a lack of earning capacity or a diminished earning capacity. Of course, they cannot do this completely accurately because certain service-connected disabilities might affect the earning capacity of one veteran a lot more than another veteran. But, VA generally just assigns the same value to each percent rating.
For most VA ratings levels, a 10% increase in overall rating means an increase in monthly benefit of anywhere from $150 to $250. But, an increase of 10% from a 90% rating to a 100% rating results in an increase of around $1,200.
Veterans who have shown this have either demonstrated that their service-connected disabilities prevent them from working or that they have severe enough service connected disabilities that they would prevent most people from working. There is a big difference between being able to work and earn some money despite service-connected disabilities and not being able to work and earn money. The pay rate difference between a 90% rating and a 100% rating recognizes that big difference.
Are there other benefits associated with a 100% rating?
Do I have to choose either TDIU or schedular when I pursue a 100% rating?
No, you do not have to choose between TDIU or a schedular 100% rating. You can pursue both. Unfortunately, many veterans are not aware of this and will choose to pursue one or the other.
Most often, this comes up when a veteran seeks an increased rating. I speak to many veterans who feel that they have to choose to pursue schedular or TDIU instead of pursuing both.
Many of these veterans have a combined rating in the range of 60 to 90 percent. They are often having difficulty obtaining or maintaining employment. They may succeed in getting an increase rating to the 100% schedular level. But, even if they fail to do that, they might be able to claim TDIU.
To give yourself the best chance of getting to a 100% rating, it is often best to apply for both. In the legal world, we call this pleading in the alternative. It is really just saying that there are two ways that you can qualify for the benefits of a 100% rating.
If you ask for both, VA should consider you for both. There will not be any sort of penalty or detriment to your claim that you sought both because all you are doing really is saying that you want an increase one way or the other.
You can now apply online https://www.ebenefits.va.gov/ebenefits-portal/ebenefits.portal. The VA recommends this option as an easy way to submit and track your claim. Alternatively, you can visit a VA Regional Office where staff can assist you. Be sure to bring with you any supporting evidence for your claim to avoid any unnecessary delay. You can also complete the application yourself and mail it in to your nearest VA Regional Office.
Each type of VA benefit has its own VA form to be used to apply. You can search and print these from the VA website https://www.va.gov/vaforms/ or call your nearest VA Regional Office and they can mail the forms to you.
Generally, there is no statute of limitations or other deadline to file a claim for benefits. However, you are only eligible for benefits from the “effective date,” which is the date the VA receives the claim. This is important because it limits how much in retroactive benefits a veteran or dependent can receive; the longer you wait to apply, the more retroactive benefits you are potentially losing.
You must file an appeal with the VA letting them know that you dispute the decision they reached on all or part of your claim. Under the Appeal Modernization Act, you have three different appeals lanes from which to choose. Which one is best depends on the facts and circumstances of your particular situation. Regardless of which appeal option you choose, you have up to a year from the date of the VA’s decision, but it is recommended that you file this as soon as possible to eliminate any unnecessary delay in the appeal of your claim. Once you receive a decision from VA, Perkins Studdard LLC may be able to represent you in correcting the errors made in the initial decision so you get the VA benefits you deserve.
Many veterans receive a decision approving them for benefits on only some of their claimed disabilities, or they receive a disability rating at a lower percentage than they feel is appropriate. Even if you “won” on some of the issues, you can still file an appeal to receive the full benefits you deserve. There are other possible errors lurking in the decision, such as a later effective date, meaning you will not receive all the retroactive benefits to which you are entitled. Perkins Studdard LLC is here to review those issues with you.
No. We handle veterans’ disability and pension claims with no up front cost. Your consultation is free and you only pay us if we recover something for you. Perkins Studdard LLC charges a contingency fee in veterans’ claims, meaning we work for a percentage of what we recover for you from the VA.
“Aid and Attendance” benefits provide additional monthly benefits to a qualifying veteran or spouse who is housebound, in a nursing home, or requires the assistance of another. Aid and Attendance can be in the form of either Special Monthly Compensation (SMC) for those receiving compensation for service-connected disabilities or Special Monthly Pension (SMP) for wartime veterans and their spouses who are totally disabled. These benefits are paid in addition to the underlying compensation or pension and can be a tremendous help to veterans and their dependents later in life.
Yes. Total Disability Based on Individual Unemployability (TDIU) is a benefit under the VA’s disability compensation program that pays qualifying veterans at the 100% rate even though the VA has not rated their service-connected disabilities at the 100% level. Generally, the veteran must have at least one service-connected disability rated at 60% or more OR in the case of multiple disabilities have one rated at least 40% with a combined rating of 70% or more. The service-connected disabilities must be sufficient to prevent the veteran from performing the mental or physical tasks required to obtain or keep employment.
If your disease is on the list of diseases considered to be the result of Agent Orange, then you likely can receive monthly disability compensation. Or, if you are the dependent of a veteran who dies as the result of one of these diseases, you may be entitled to Dependency and Indemnity Compensation (DIC). The following is the current list of diseases presumed to be caused by Agent Orange exposure (38 C.F.R. § 3.309(e)):
AL amyloidosis
Chloracne or other acneform disease consistent with chloracne
Type 2 diabetes (also known as Type II diabetes mellitus or adult-onset diabetes)
Hodgkin’s disease
Ischemic heart disease (including, but not limited to, acute, subacute, and old myocardial infarction; atherosclerotic cardiovascular disease including coronary artery disease (including coronary spasm) and coronary bypass surgery; and stable, unstable and Prinzmetal’s angina)NOTE : For purposes of this section, the term ischemic heart disease does not include hypertension or peripheral manifestations of arteriosclerosis such as peripheral vascular disease or stroke, or any other condition that does not qualify within the generally accepted medical definition of Ischemic heart disease.
All chronic B-cell leukemias (including, but not limited to, hairy-cell leukemia and chronic lymphocytic leukemia)
Acute and subacute peripheral neuropathy –NOTE : For purposes of this section, the term acute and subacute peripheral neuropathy means transient peripheral neuropathy that appears within weeks or months of exposure to an herbicide agent and resolves within two years of the date of onset. This is a very difficult requirement for any veteran to meet.
Porphyria cutanea tarda
Prostate cancer
Respiratory cancers (cancer of the lung, bronchus, larynx, or trachea)
Soft-tissue sarcoma (other than osteosarcoma, chondrosarcoma, Kaposi’s sarcoma, or mesothelioma)NOTE : The term “soft-tissue sarcoma” includes the following:Adult fibrosarcoma
Navigating Veterans Benefits can be a daunting task, leaving you with numerous questions and uncertainties. If you find yourself in this situation, we strongly encourage you to seek clarification and find the answers you need. Perkins Studdard is here to help you through this process and provide the support you deserve.
