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.
Jason Perkins' skill and care in navigating the Workers' Compensation labyrinth were invaluable. While the road was not always smooth, I cannot imagine traveling it with anyone other than Jason Perkins. He is generous with his time and expertise, patiently answering questions and explaining legal issues. Jason's intelligent, individualized attention enabled me to endure the otherwise hideous business of Workers' Comp. litigation. Throughout the entire process, he remained unshakably friendly, good natured, and easy to talk to. We had some genuinely enjoyable conversation unrelated to the case! Above all else, Jason's expert counsel succeeded in securing me the best possible settlement. He has my highest recommendation.Kelly McCaffrey
Perkins Studdard LLC, is a professional team to have on your side if you are on Workmans Comp.
They handle your case till you get a fair settlement that you feel comfortable with.harold smith
Jessica, Travis, and his team are nothing short of angels. I was not making progress, so I spent 6 months researching law firms. I'm beyond grateful that they took the time to help me and I'm confident that no other firm could have gotten the same results.
The process was the most difficult and mentally defeating experience of my life, but they took 100% of the bourdon off of my shoulders. They communicated every step of the long and overly complicated process. I'm forever indebted to these people and I will never forget them. Every Christmas I pause to think about my guys who didn't make it home, and I'll keep this team in my thoughts during those hard times.
I know it's difficult, but there are people like Travis and his team out there willing and able to help. To the warriors, keep your head up and stay in the fight.Michael
I can’t say enough wonderful things about Travis, and Jessica at Perkins Studdard! They went above and beyond for me and did everything they could to help. Their kindness, professionalism, patience, and genuine care truly meant a lot to me. I’m incredibly grateful for everything they did and the way they treated me. I highly recommend Travis and Jessica at Perkins Studdard to anyone looking for people who genuinely care about their customers. Thank you both for everything!Joe Tarno
They got me over $100,000 in back pay. Got me to 100% P&T.James Powell
I initially started my workers’ compensation case with another attorney. Although he was a good attorney, I eventually realized that I needed a different level of communication and support throughout my case. After searching online, I came across Jason Perkins and decided to give him a try. I can truly say that I have not regretted that decision.
One of the things I appreciated most about Jason and his team was how responsive and communicative they were. Having an attorney who kept me informed was extremely important to me. I never felt like I had to constantly call and ask what was happening with my case or where things stood. Whenever there was movement or an important update, Jason and his team made sure I knew about it. I always felt informed and included throughout the process.
Jason was also straightforward with me and consistently gave me what he believed was the best advice for my situation. My case was a lengthy process, but having an attorney I trusted and knowing that my case was being handled properly made that process much easier to get through. I never felt like I was just another case or that I was being left in the dark.
Looking back, I am very glad that I made the decision to switch attorneys and work with Jason Perkins. He and his team gave me the communication, guidance, and reassurance I needed throughout a very long process. I would absolutely recommend Jason to anyone looking for a workers’ compensation attorney who will communicate with you, keep you informed, and genuinely work to get the best possible outcome for your case.Christina Barrett
Jason did a great job very fast and efficient got me a bankroll in less than 30 days i highly recommendReality Rap
OMG, I wish I could articulate how Fantastic (5 stars) my experiences have been having Travis Studdard represent me over the years. He is amazing at what he does and he has done so much for me I can never thank him enough. Jessica is also Fantastic and always responds expeditiously.
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Thank you for all your fantastic work representing me, I sincerely, appreciate it!!keith morrow
Jessica and Travis listened and worked very hard getting us a really great disability payment. Thank you so much for listening and every month we appreciate your time and energy. Thanks againJeannie Brown
Working with Jason was an absolute pleasure if I had any questions or concerns they were right there with the right answers I would recommend Perkins and Studdard to anyoneRickey
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.
