VA pays compensation to veterans at different monthly rates depending on how high of a disability rating they receive. But, the rating is not the only factor that determines benefits for veterans. Some veterans receive benefits for dependents while other veterans do not.
In essence, VA imposes a penalty on veterans who have a total disability rating of under 30 percent. Those veterans do not receive additional benefits for their dependents.
You may have heard politicians talking about the Marriage Penalty in Federal Tax Law. VA essentially has a dependents penalty for veterans with a total rating under 30 percent.
How does this VA penalty work?
The penalty would apply to any veterans who have the following ratings:
A single service connected condition rated at 20 percent;
A single service connected condition rated at 10 percent;
Two service connected conditions which are each rated at 10 percent;
In each one of these situations, the veteran would have a total rating of either 10 or 20 percent. Since the veteran has a total rating of less than 30 percent, VA does not consider the veteran’s dependents when paying benefits.
What is the effect on the veteran of not receiving benefits for dependents?
The effect in a monthly benefit can be substantial. Let me point out one example where increasing a rating from 20 percent to 30 percent results in a monthly benefit increase of over $340 for a veteran with dependents.
Let’s consider two different veterans. One veteran is single with no dependents. The other veteran is married with 4 children under 18 and a dependent parent.
If both veterans have a total VA disability rating of 20 percent, then they receive the same monthly benefit of $269.30. The single veteran with no dependents will receive the same monthly benefit as the veteran with six dependents.
Now, let’s consider what happens if both these veterans are rated at a 30 percent total rating. The single veteran will receive a monthly benefit of $417.15.
The veteran with a spouse, 4 children under 18, and a dependent parent will receive a monthly benefit of $614.15. This is almost a $345 a month increase (over $4,000 a year) from what that veteran would receive at the 20% rating level.
In this example, being able to receive benefits for dependents increases this veteran’s monthly benefit by almost $200 above what a veteran without dependents receives. This increased benefit can make a big difference to veterans who have dependents who rely on them financially.
I see many situations in my practice where veterans receive a 10 or 20 percent rating when they probably should have qualified for a rating of 30 or 40 percent. If they have dependents, these veterans have an extra incentive to make sure VA gives them the correct rating. The correct rating will mean they get paid the correct monthly benefit and will also mean that they receive benefits for their dependents.
What should I do if I receive a 20 percent VA rating?
If you receive a 20 percent VA rating, you should always question it. It is especially important to question a rating at the 20 percent level because there is such a difference between 20 percent and 30 percent.
You could have several options available to you. You may need to appeal the rating from VA. Be aware that there are time limits for you to file your appeal which differ depending on where you are in the VA appeals process. So, you will want to act quickly to make sure that you do not miss any deadlines.
If it is too late for you to file an appeal, you may need to file a claim for an increased rating. This can provide you with an opportunity to get the higher rating if it is too late for you to appeal. But, you will probably be giving up backpay benefits that you might could get through an appeal. So, an appeal may be the best option if you still have time to do that.
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.
Mr Perkins has helped me on two workers comp cases. Twenty years apart. Jason and his staff have taken care of everything I needed. They are very professional and I would highly recommend them.Chris Chapman
I highly recommend Perkins Studdard law office to any one looking for a Worker's Compensation attorney. The knowledge and professionalism that the entire staff gives to you is amazing. Jason is down to earth and makes your experience feel so much better, he takes alot of the worry off of your shoulders. Definitely would hire this firm again if needed!!Lori Clark
I had an outstanding experience with Perkins Studdard LLC for my workers’ compensation case. Jason Perkins and his team were incredibly knowledgeable, responsive, and compassionate throughout the entire process. They took the time to explain every step, answered all my questions promptly, and ensured I understood my rights. Their dedication led to a successful outcome, and I felt supported the entire way through. I highly recommend Perkins Studdard LLC to anyone in need of a skilled and caring workers’ compensation attorney.Breezie I B
Travis Studdard is an outstanding attorney. I had given up on my VA claim over ten years go. Travis revived my claim and was able to get me secondary service connection for sleep apnea (secondary to residuals of septoplasty). I am thrilled at the results. Travis was able to expertly navigate the VA system to reach a positive result. I very, very highly recommend Perkins Studdard.Ilya Poluektov
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
My experience with this firm was great. My VA claim was handled in a professional way resulting in a very positive result. They handled all of the paperwork and kept me informed of anything that I needed to do or know about. I highly recommend Perkin Studdard to handle your VA claim. Msgt USMC retiredFrank Desselle
Went with Perkins Studdard for assistance with my VA claim and received the result I was looking for! The team is extremely professional and provides great communication. I highly recommend!Desirae
I highly recommend going to Perkins studdard for VA claims! We have been fighting with the VA on service connected disabilities for 5 years and they helped us get our claims processed. Thank you guys!!!Chelsea
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.
