Requirements For Veterans Disability Compensation
To be eligible for VA disability benefits or compensation, you must:
- Have served on active duty, active duty for training or inactive duty training and have a current illness or injury that affects your mind or body.
Additionally, at least one of the following situations must be true:
- You got sick or injured while serving in the military and can link this condition to your illness or injury
- You had an illness or injury before you joined the militaryand serving made it worse
- You have a disability related to your active-duty service that didnt appear until after you separated from the military
- You have one of the VAs presumed disabilities:
- Chronic illness that appeared within one year of your discharge
- Illness caused by contact with contaminants or other hazardous materials
- Illness caused by time spent as a prisoner of war
When deciding on a disability claim, the VA considers the above eligibility requirements, as well as how your condition affects your daily life, activities and employability.
Contact Us Today For Help With Claiming Your Va Disability Benefits
If you think you may qualify for VA disability benefits based on your service-related condition, unemployability, or the death of a spouse who served in the military, contact our firm today for a free consultation with an experienced lawyer. We offer guidance regarding your eligibility and will fight for your right to the benefits you deserve.
To schedule a consultation, call or use our online contact form.
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Va Dental Insurance Program
Veterans enrolled in VA health care and CHAMPVA beneficiaries have the opportunity to purchase dental insurance coverage at a reduced cost through Delta Dental and MetLife. Delta Dental and MetLife offer multiple plans to choose from. Coverage, available throughout the United States and its territories, includes diagnostic, preventative, surgical, emergency, and endodontic/restorative treatment and services.
Enrolled Veterans and CHAMPVA beneficiaries may sign up to participate in VADIP by completing an application with Delta Dental or MetLife online, over the phone, or by mail for the plan that best meets their dental needs and budget. Each participant will pay fixed monthly premiums for coverage and copayments identified in the plan they select. The program is voluntary and there are no eligibility limitations based on service-connected disability or other factors. Participation in the program does not affect eligibility for VA-provided dental services and treatment.
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Individual Unemployability Fact Sheet
What Is Individual Unemployability?
Individual Unemployability is a part of VA’s disability compensation program that allows VA to pay certain veterans compensation at the 100% rate, even though VA has not rated their service-connected disabilities at the total level.
What is the Eligibility Criteria for Individual Unemployability?
A veteran must be unable to maintain substantially gainful employment as a result of his/her service-connected disabilities. Additionally, a veteran must have:
- One service-connected disability ratable at 60 percent or more, OR
- Two or more service-connected disabilities, at least one disability ratable at 40 percent or more with a combined rating of 70 percent or more.
Can I Work?
Veterans who are in receipt of Individual Unemployability benefits may work as long as it is not considered substantially gainful employment. The employment must be considered marginal employment.
- Substantially gainful employment is defined as employment at which non-disabled individuals earn their livelihood with earnings comparable to the particular occupation in the community where the veteran resides.
- Marginal employment is generally deemed to exist when a veteran’s earned income does not exceed the amount established by the U.S. Census Bureau as the poverty level for the veteran only. For more information on the U.S. Census Bureau’s poverty thresholds, see census.gov/hhes/www/poverty/data/threshld/index.html
What If I Don’t Meet the Percentage Criteria?
Receive Your Va Disability Check Faster
When you file your disability claim, be sure to give the VA the routing number to your bank so you can enroll in direct deposits. This is faster and more secure and a requirement as of March 1, 2013. I recommend using a high yield savings account so you can earn more money through interest.
Call or visit your regional VA medical center with specific questions related to VA benefits.
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Va Benefits For Spouses Dependents Survivors And Family Caregivers
As the spouse or dependent child of a Veteran or service member, you may qualify for certain benefits, like health care, life insurance, or money to help pay for school or training. As the survivor of a Veteran or service member, you may qualify for added benefits, including help with burial costs and survivor compensation.
If youre caring for a Veteran, you may also be eligible for support to help you better care for the Veteranand for yourself. Find out which benefits you may qualify for and how to access them.
Assistance With Claims And Appeals
Veterans may work with an accredited attorney, claims agent, or Veterans Services Officer to file your claim or appeal. These professionals are trained and certified in the VAs claims and appeals processes, making them well-equipped to answer your questions, meet your needs, and get you the disability compensation you deserve.
VA Disability Group PLLC is ready to take on your claim to get you the compensation you qualify for. Contact us online or call us at 1-844-VET-LAWS to request a consultation now.
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How To Increase Va Disability From 70 To 100
Increase VA Disability from 70 to 100
- Tip #1: Use MyHealtheVet to Get Your Current Symptoms Documented in VA Medical Records
- Tip #3: Have a Private Provider Complete DBQs for Conditions Already Service Connected
- Tip #4: File for Secondary Service Connection with Medical Nexus Letters
- Tip #5: Obtain a Buddy Letter from a First-Hand Witness
- Tip #7: Go for Total Disability Individual Unemployability with 70 VA disability
State Veterans Home Program
State Veterans homes are owned and operated by the states. The states petition VA for grant dollars for a portion of the construction costs followed by a request for recognition as a state home. Once recognized, VA pays a portion of the per diem if the state meets VA standards. States establish eligibility criteria and determine services offered for short and long-term care. Specialized services offered are dependent upon the capability of the home to render them.
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Veterans Pension Versus Disability Compensation
In some cases, veterans can receive disability compensation. It’s not the same as the VA pension. Heres a way to tell the difference:
Disability compensation is for an illness or injury that happens because of or was made worse by your military service. Its not income-based and war service is not required.
A VA pension is for war veterans with a low income and who may have a disability that is not service-related.
How Do I Get Help For A Veteran Whos In Crisis
If youre concerned about a Veteran in crisis, connect with our caring, qualified Veterans Crisis Line responders for confidential help. Many of them are Veterans themselves. This service is private, free, and available 24/7.
To connect with a Veterans Crisis Line responder anytime day or night:
- If you have hearing loss, call TTY: 800-799-4889.
If youre concerned about a Veteran whos homeless or at risk of becoming homeless
Call the National Call Center for Homeless Veterans at for help 24 hours a day, 7 days a week. You or the Veteran can talk privately with a trained VA counselor for free.
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Temporary 100 Percent Disability Rating
Veterans may qualify for a temporary 100 percent disability rating if:
They have been hospitalized for a service-connected disability for 21 days or moreThey have undergone surgery for a service-connected disability that requires a recovery period of at least 30 daysWhen the temporary 100 percent disability rating is granted, the VA pays benefits at the 100 percent rate for the period the veteran is hospitalized or throughout the recovery period.
List Of 40% Va Rating Benefits
At the 40% disability rating level, veterans are eligible for all the benefits at the 30% level plus monthly compensation::
- Monthly disability compensation starts at $673.28 for 2022 and increases with eligible dependents
Benefits that still apply from the 30% level include:
- An increase in healthcare to Priority Group 2 for service-connected disabilities
- Travel pay for all VA healthcare at 41.5 cents per mile for 2022, not just care for service-connected conditions
- Possible Veteran Readiness and Employment support
- Burial and plot allowance
- VA-backed home loan fee waiver
- 10-point veteran preference for federal jobs
- Use of base or post commissaries, exchanges, morale, welfare, and recreation retail facilities, in-person and online
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Va Disability Compensation Cola Raises
Note: Increases in VA Service-Connected Disability Rates are tied to the same Cost of Living Adjustments provided by the Social Security Administration. These are the same rates the government uses for determining the cost of living increases for Social Security recipients, military retirees, and federal civilian retirees.
2014 was the first year the VA included amounts above a flat dollar amount. In previous years, the amount was rounded down to the nearest dollar. This change wont make a huge difference now, but if the policy remains in place, it will compound over time.
Here are the most recent COLA raises:
Mental Health Residential Rehabilitation
Mental Health Residential Rehabilitation Treatment Programs including domiciliaries, provide residential rehabilitative and clinical care to Veterans who have a wide range of problems, illnesses, or rehabilitative care needs, which can be medical, psychiatric, substance use, homelessness, vocational, educational, or social. The MH RRTP provides a 24-hour therapeutic setting utilizing a peer and professional support environment. The programs provide a strong emphasis on psychosocial rehabilitation and recovery services that instill personal responsibility to achieve optimal levels of independence upon discharge to independent or supportive community living. The MH RRTP also provides rehabilitative care for homeless Veterans.
Eligibility: VA may provide domiciliary care to Veterans whose annual gross household income does not exceed the maximum annual rate of VA pension or to Veterans whom the Secretary of Veterans Affairs determines have no adequate means of support. The copays for extended care services apply to domiciliary care. Call the nearest benefits or health care facility to obtain the latest information.
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Faq: 70 Percent Va Disability
How much does a 70 percent VA disability rating pay?
Currently, a 70% VA rating pays $1,663.06 per month. Some veterans with a 70% rating will receive a little bit more if they have dependent children and dependent parents or if they receive Aid & Attendance benefits.
How long do I have to appeal a 70 percent VA disability rating?
You have one year from the date your last decision was made to appeal. Your Rating Decision letter will have the date by which you must submit a Notice of Disagreement with the VA. This document just lets the VA know you intend to file a formal appeal later. The NOD will end the one year period you have to appeal. But once youve done this, you are now in the appeals phase.
Can I appeal if my last Rating Decision was over a year ago?
Not right now. You should consider filing an Increased Rating application. You cant just jump right into the appeals process if your last decision was over a year ago. If you are unsure how long it has been, your last Rating Decision letter should have all the dates youll need.
What if I have stopped working since I received my 70% rating?
If you are receiving 70 percent VA disability compensation and its been over a year since your last Rating Decision, you may consider filing a claim for TDIU benefits. As discussed earlier, there are a couple of different ways for unemployed veterans with a 70 percent VA disability rating to get paid at the 100 percent compensation rate.
What if I appeal and my rating is lowered?
Services For Blind And Visually Impaired Veterans
Severely disabled blind Veterans may be eligible for case management services at a VA medical center and for admission to an inpatient or outpatient VA blind or vision rehabilitation program. In addition, blind Veterans enrolled in VA health care system may receive:
Eligible visually impaired Veterans enrolled in VA health care system may be eligible for services at a VA medical center or for admission to an outpatient VA blind rehabilitation program and may also receive:
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Va Health Benefits For Veterans With A 10% Va Disability Rating
Veterans with a 10% disability rating are generally assigned to Priority Group 3. This group has the benefit of no copay for outpatient careor free primary care, specialty care, and specialty testing. Priority Group 3 also offers 10% disabled veterans free urgent care visits for the first three visits per calendar year. Your healthcare benefits also include:
- Free inpatient VA care
- Prescription medications
Healthcare Benefits For Veterans With A 50% Va Disability Rating
With a 50% VA rating, the VA will assign you to Priority Group 1. As a 50% disabled veteran, youre eligible for cost-free care and medications. Youre eligible for:
- No-cost prescription medications
- No-cost VA inpatient and outpatient care
- Free urgent care visits for the first three per calendar year
For more information on benefits at the 50% rating, see our post 50% VA Disability Benefits Explained.
Concurrent Retired And Disability Pay
Concurrent retired and disability pay restores veterans service pay by eliminating the VA waiver . Veterans will not receive a separate check for CRDP. Instead, the monthly check they receive from the Defense Finance and Accounting Service , the administrator of military retired pay, will be increased from the docked amount to their full retired pay.
Importantly, there is no application process for CRDP. If a veteran meets the eligibility requirements, DFAS will automatically eliminate the VA waiver, thus restoring their retired pay. To be eligible for CRDP, veterans must:
- Be receiving retired pay and VA compensation
- Be a 20-year retiree and
- Have a service-connected condition rated 50 percent or higher
Disability Ratings Are Awarded On A Case By Case Basis
To rate a disability claim, the VA first tries to determine whether or not you sustained your illness or injury in military service. Then, they assign a rating for each illness or injury.
If the VA determines your injury or illness isnt related to your military service or didnt happen while you were in the military, they will deny your claim. If the VA approves your claim, they will assign it a rating between 0% 100%.
A 0% rating shows there is an illness or injury that is connected to your military service, but it doesnt warrant compensation at this time. It is still good to get a 0% rating compared to no service-connected link because if the condition worsens at a later date, you can apply to have your disability rating upgraded.
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What Is A 100 Percent Va Disability Rating
Your disability rating is the percentage the VA assigns to your disability when determining eligibility for various VA benefits. Your rating can range from 0 to 100 percent in 10 percent increments.
There are several different types of 100 percent VA disability ratings, according to Department of Veterans Affairs Code § 3.340:
These are disabilities caused by injuries that occurred or were aggravated during your service.
If you receive a 100 percent disability rating for one service-connected disability, or a combination of these disabilities, you are still able to work full time without disrupting your benefits.
TOTAL DISABILITY/INDIVIDUAL UNEMPLOYABILITY
Total disability/individual unemployability is a disability rating that may be granted if a veterans claim asserts that he or she be paid benefits at the 100 percent disabled rates, even though the disability or disabilities rate below 100 percent.
These claims can be made by a veteran if a service-connected disability prevents him or her from maintaining gainful employment.
To qualify, a veteran must:
- Have a single disability with a rating of 60 percent or a single disability with a rating of 40 percent, paired with additional disabilities equaling a rating of 70 percent or more
- Medical documentation establishing why the veteran cannot work in physical and sedentary jobs
Tdiu Vs 100 Percent Schedular Disability Ratings: How A 70% Rating Comes Into Play
As indicated above, the process of going from a combined 70% disability rating to a combined 100 percent disability rating can be difficult to do. That is why VA offers an alternative path to 100 percent total disability based on individual unemployability . This path allows veterans to be compensated at the 100 percent rate even if their combined disability rating is less than 100 percent. A 70% VA disability rating may qualify you for this benefit.
Here, veterans must demonstrate that they are unable to work as a result of their service-connected conditions. Therefore, the biggest difference between TDIU and a 100 percent schedular disability rating is the impact TDIU has on a veterans future employment status. Veterans who are capable and wish to continue working for additional income may prefer to pursue a 100 percent schedular disability rating versus TDIU, as there are no work restrictions with a 100 percent schedular rating.
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