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.
Travis Studdard is an attorney who focuses on representing veterans in VA disability compensation claims. He regularly writes about issues that are important to veterans and their families.
You can subscribe to his Veterans Disability channel on YouTube.
My name is Vernita Smith, I endured a I jury on my job in 2019, I got a little discourage not knowing what to do regarding this matter. One day I researched online for myself. I researched Workman's Comp Lawyers in Atlanta, there were several pulled up, but for some reason I chose Perkins StuddardLLC. I can truly say Mr. Jason and his entire staff has been there and guided me every step of the way. It was a blessing 🙏 for me to have found 🙏 this Company. Mr.Jason and his staff members was always caring, kind, helpful, pleasant everytime I spoke with them. I would highly recommend this company to my family ❤️ and anyone who needs ❤️ assistance. So I thank you so much to Mr. Jason and his entire staff. May God continue 🙏 to bless you 🙏 to be able to serve 🙏 many people all over the world.🙏 💞🙏🥰🙏💞
💞Best regards💞
Vernita SmithVernita Smith
My deepest thanks to Travis Studdard, Jessica Hyatt and their team at Perkins Studdard! My odyssey with the VA began after my Marine Corps career ended and has gone on well over a decade. I initially worked on my claim myself but after 6 years, yes 6 years, of fighting with the VA, I was finally at the end of what I thought was a hopeless battle. Then I came across Perkins Studdard LLC while on Facebook and decided, what did I have to lose, so I gave them a call and had a conversation with Travis. He was very helpful, honest, and frank in his advise to me and thankfully he decided to take my case. He took a completely different strategy than the one I had been employing and with his expertise, once my case and multiple appeals had finally been settled, I received everything he promised and everything I deserved. The only thing I would have changed...I would have hired Perkins Studdard when I first intended to file a claim with the VA, rather than try to do it myself.
Thank you and Semper Fi
Rich LarsenRichard Larsen
Throughout Mr. Perkins's engagement as legal counsel, from initial contact to case resolution, the firm consistently demonstrated professionalism, responsiveness, and efficiency. His instructional materials were easily comprehensible, and both he and his staff provided clear and concise explanations at every stage. His representation was highly effective. I wholeheartedly recommend his services; he is both diligent and fair.Carol
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I understand you want your VA claim to be done as quickly as possible. But remember the ultimate goal – to win your VA disability compensation claim.
You may eventually get there on your own, but it may be after a series of decisions by the Regional Office and Board of Veterans Appeals. Sometimes claims are appealed and remanded several times, which can cause a claim to drag on for years. If you are interested in avoiding unnecessary delay in your claim and want to do everything you can to maximize your chances of success, it is probably a good idea for you to consult with an accredited veterans disability attorney.
We would be happy to talk to you. If you would like a free consultation with our Perkins Studdard veterans disability attorneys just click here or give us a call to begin the process.
