Benefits Of Increasing Your Disability Rating
The most obvious benefit of increasing your disability rating is the increased compensation benefits that will come with it. However, there are additional ways in which a 100 rating, as opposed to a rating of 90, can provide advantages.
For example, other potential benefits you may be eligible for with a 100% rating include:
- Priority Group 1 status for health care,
- Additional VA dental and vision care benefits,
- Emergency care outside of the VA,
- Survivors and Dependents Education Assistance program,
- Service-disabled veterans insurance,
- Specially adapted housing program eligibility benefits, and
- Property tax waivers.
This is by no means an exhaustive list, and there are a number of other benefits that may be available to you. Thus, even if you have already obtained a 90% disability rating from the VA, increasing the rating to 100 can still be beneficial for a variety of reasons beyond increased pay.
Explain How The Buddy Knows The Veteran
In part 1,you need to explain how you know the Veteran.
Here is anexample of how to write this section:
My name isJohn Doe, and Im the husband of veteran .
Im writingthis statement on behalf of veteran .
I have known since 1999, because we were high school sweethearts.
Over thepast 30 years, we have interacted daily.
% Disabled Veteran Benefits: Get Help Now
Are you receiving the veterans disability benefits you are entitled to receive by law? If you need assistance appealing VA Rating Decisions for mental health conditions or physical disabilities that occurred in service, please contact the Berry Law Firm. to schedule a time to talk to a member of our team to determine if we can help you with your VA appeal.
Berry Law
The attorneys at Berry Law Firm are dedicated to helping injured Veterans. With extensive experience working with VA disability claims, Berry Law can help you with your disability appeals.
This material is for informational purposes only. It does not create an attorney-client relationship between the Firm and the reader, and does not constitute legal advice. Legal advice must be tailored to the specific circumstances of each case, and the contents of this blog are not a substitute for legal counsel.
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How To Get Va Disability Increased Rating
Several other factors can affect total compensation, including the number of surviving family members. Veterans can receive additional benefits when they have dependent children, surviving spouses or parents.
In addition, the VA may make increases to a veterans rating if he has a disability that affects both arms or both legs. Finally, a veteran may be eligible for additional compensation benefits called Special Monthly Compensation. He has specific disabilities, including the loss or loss of use of a part of the body.
Many factors affect the VA benefits that a veteran receives, so its essential to seek help with your VA disability claim. You can get help at va.gov or an experienced law firm can help you navigate your disability rating and to secure as many benefits as possible. Our team offers a free consultation.
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Increase Va Disability Rating Tip #: Nail Your Compensation And Pension Exam
According to Brian Reese the VA Claims Insider, the VA Compensation and Pension exam, also known as a C& P exam is the #1 most important day in the VA claim process.
A veteran can do everything else right to try to increase your VA disability rating, but if you miss your C& P exam or worse, get a Bad C& P Examiner, the results can make or break your final VA rating.
Itsshameful I know however, the sad reality is that the RVSR will rely almost solelyon the exam notes presented by the in-person C& P examiner.
Dont worrythough, even if you have a terrible C and P exam, there is still hope and youcan fight it!
Fellow veterans, read my Top 7 Tips to Prepare for Your VA C& P Exam HERE.
Tip #1. Know whats in your medical records! Read through your records in the days prior to your C& P exam. There is no substitute for knowing whats in your service treatment records, VA medical records, or any private medical records.
Tip #2. Review the eCFR, Title 38, Part 4, Schedule for Rating Disabilities for the VA disabilities youre about to be examined for. This is the governing law for all VA disability claims.
Tip #3. Do NOT have your best daythis does NOT mean you should lie or stretch the truth. This means that you need to tell the C& P examiner how you are on your very worst days.
Tip #5. VA claims for mental health conditions come down to your current level of Occupational and Social Impairment. VA Claims for other conditions are all about Pain and Limitation of Range of Motion.
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How To Use The Tables To Find Your Monthly Payment
Find your basic rate
Go to the compensation rates for your disability rating. On the Basic monthly rates table, find the amount for your disability rating and dependent status. This is your basic monthly rate.
Example :If youre a Veteran with a 30% disability rating, and you have a dependent spouse , your basic monthly rate would be $522.39 each month.
Find your added amounts, if any apply
If your spouse receives Aid and Attendance benefits or you have more than one child, you may qualify for additional monthly payment amounts as listed in the Added amounts table.
First, determine your basic rate.
Example :If youre a Veteran with a 70% disability rating, and you have a spouse, plus 3 dependent children under the age of 18, you would start with the basic rate of $1,754.95 .
Next, look at the Added amounts table. Find the amount for children under age 18 .
Since your basic rate already provides payment for 1 child, you would add the rate of $64.00 for each additional child .
If your spouse receives Aid and Attendance, you would also add $119 .
In our example of a Veteran with 70% disability rating, your total monthly payment amount would be:
$1,754.95 basic rate + $64 +$64 +$119 Total $2,001.95
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One way is if the veteran has one or more disabilities that add up to a 100 percent disability rating. The other way is through Total Disability based on Individual Unemployability, otherwise known as TDIU. … How To Get 100 VA Disability. There are two viable ways veterans get a 100 VA disability rating. One way is if the veteran has one or.
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Example Va Disability Pay Calculation
Another example is if the disabled Veteran has a spouse who is determined to require Aid and Attendance. Here we add the figure shown as additional for A& A spouse to the amount shown for the proper dependency code.
For example, a disabled Veteran with a 70% rating and an Aid and Attendance spouse and two minor children would receive $1,830.71 .
How To Go From 90% To 100% Va Disability Rating In 2022
Suffering from a disability as a result of your military service can be life-changing and, at times, overwhelming. Of course, nothing can allow you to undo the cause of your disability. But if youve sustained a service-connected condition, you may have a claim for disability benefits through the Department of Veterans Affairs .
The amount of your benefits will depend on many different factors, including your VA disability rating. And sometimes, even if you receive a relatively high rating, you may have a claim for a greater one. A higher disability rating can lead to greater compensation benefits.
If you have questions about the VA disability claims process generally, or if youve recently had a claim approved but for a lesser amount than you believe you are owed, we want to help. Contact Gerling Law to speak with one of our VA disability claim attorneys and learn more about how to go from a 90 to 100 VA disability rating today.
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What Form Should I Use For A Va Buddy Statement
A Buddy Letter completed on the VA Form 21-4138 can literally be the linchpin in winning your VA disability claim.
Why?
Because a BuddyStatement constitutes lay evidence under the law, which simply means afterthe fact evidence.
And many times,a veteran lacks medical evidence or documentation about a particular in-serviceincident or event from their military service.
A Buddy Statementhelps fill-in-the-blanks for the VA Rater, and can help prove a veterans storyon at least as likely as not basis for things like the Nexus requirement for serviceconnection.
Listed beloware the 4 essential elements of a buddy letter, along with a VA buddy letterexample.
Increase Va Disability Rating Tip #: Focus On High Value Va Disability Claims
A High-Value VA Claim is a disability or condition with a HIGH likelihood of getting rated at 30% or higher on its own.
Focusing on High-Value VA disability claims is a great way to increase your VA disability rating in less time.
These includeVA claims such as Mental Health Conditions , Sleep Apnea Claims, Migraines, and Respiratory Conditions , among others.
Versus a Low-ValueVA Claim, which is a disability or condition with a LOW likelihood of gettingrated at 30% or higher on its own.
These includeVA disability claims like Tinnitus, Hearing Loss, Scars, and MusculoskeletalConditions.
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Permanent And Total Disability
A third option for disabled veterans is known as the 100% Permanent and Total disability rating, or 100% P& T.
As the name suggests, this rating applies to persons who have a service-connected medical condition or conditions that are severe and unlikely to improve. As the VA puts it:
The Veterans Benefits Administration considers certain veterans as permanently and totally disabled when their service-connected disabilities meet specific requirements. The disabilities must be permanent, or reasonably certain to continue for the rest of the veterans lives. The disabilities must also be totally disabling, which means VBA evaluated the disabilities as 100 percent disabling or the disabilities prevent veterans from securing and maintaining Employment.
Its worth noting that P& T ratings must not be the result of the veterans own willful misconduct, whether or not they are service-connected.
Do you have to apply for 100% P& T?
If the VA does not make a finding of permanent and total disability based on the records of your case, you can apply for it directly.
How do you know if your rating is permanent ?
There are a few ways you might be notified if your 100% rating is permanent and total. Most often, it will be indicated in the decision letter giving you your disability rating. There may be a Permanent and Total box checked on your rating decision.
How permanent is 100 P%T? Can it be reversed?
Are There Downsides To Appealing For A Higher Rating
There are three negatives to consider when deciding if you should attempt to go from a 90% to 100% VA rating.
First, be prepared for a lengthy appeal. The VA backlog of appeals has been as high as 475,000. The cases in the backlog are claims that have been in the queue for more than 125 days without a decision.
There is also the possibility the VA will request unwarranted examinations despite a veteran qualifying for exclusions.
Lastly, appealing for a higher rating always runs the risk that the VA will lower a veterans rating.
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How Do I Apply For Va Disability Benefits
The Department of Veterans Affairs recommends eligible Veterans apply for disability compensation benefits through the VA’s eBenefits online portal. However, Veterans may also apply by mail with VA Form 21-526EZ, in person at your regional benefits office, or with help from a trained professional.
In any case, you will need access to your DD214 , the medical evidence of the disability, and dependency records .
If you have yet to separate from service, you may still apply using the Benefits Delivery at Discharge program. To be eligible for the BDD, you must:
- Be on full-time active duty , and
- Have a known separation date, and
- Your separation date is in the next 90 to 180 days
If you have less than 90 days until separation, you may still file a fully developed or standard claim.
What Is The Best Way To Get 100 Va Disabilityheres 7 Paths To A 100% Va Rating
I hope you enjoy reading this blog post.
If you want to learn how to implement these strategies to get the VA benefits you deserve, to speak with a VA claim expert for free.
Fellow disabled veterans, if youve ever wondered about the best way to get 100 VA disability, listen up, because this expert-level guide is for you!
Brian Reese here, VA disability claim expert, CEO @ Military Disability MadeEasy and founder @ VAClaims Insider.
Today Ill be breaking down the best way to get 100 VA disability using tips, strategies, and lessons learned from helping over 15,000 disabled veterans increase their VA disability rating through our education-based resources.
Oh, and just so you know, these VA disability increase strategieswork regardless of your current VA rating, but especially if youre wonderinghow to increase VA disability from 80 to 100 and how to increase VA disabilityfrom 90 to 100.
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Fully Developed Disability Claims
The next fasted option is the Fully Developed Disability Claims program.
The primary difference between the FDDC program and filing a standard claim is the Veteran must provide all evidence upfront and certify there’s no additional evidence needed to make a claim decision.
At a minimum, the Veteran should provide:
- All military personnel records on the condition, and
- All service treatment records on the condition, and
- All private medical records on the condition, and
- All VA health records or supplementary information about related VA health records that the VA can request on your behalf
If the VA requires additional information, the claim typically gets removed from the FDDC program and is processed as a standard claim.
Total Disability Based On Individual Unemployability
Veterans whose VA disability ratings do not combine to a schedular 100 percent rating could qualify for Total Disability based on Individual Unemployability , a program that compensates veterans who are unable to obtain and maintain a substantially gainful occupation due to a service-connected disability at the 100 percent rate. Veterans can appeal their 90 percent VA disability rating or file for an increase in order to be considered for TDIU.
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How To Increase Va Disability From 90 To 100 Tip #: Get Dbq Forms Completed For Conditions Already Service Connected
How to Increase VA Disability from 90 to 100
Disability Benefit Questionnaire Reviews, also knownas DBQ forms, are the #1 best way to increase yourVA disability rating for conditions that are already service connectedat 0 percent or higher.
What is a VA Disability Benefit Questionnaire ?
A DBQ is a standardized .pdf form created by the Department of Veterans Affairs to give veterans more control of their VA claim.
Obtaininga DBQ from a qualified medical provider enables veterans topresent their VA disability condition, mainly the medical diagnosis by ICD Codeand your current symptoms of your VA disability, to the VSR and RVSR at the VAfor rating purposes.
And guess what else fellow veterans?
The major benefit of using DBQs is that sometimes the VAwill grant a veteran a higher VA rating based upon the information in the DBQALONE!
Yes, you heard me correctly.
For simple disability increases, the VA Raters areauthorized by regulation to grant a VA rating increase using the DBQ by itself,assuming its competent and credible.
Now, its still very likely youll get a C& P Exam, butat least you have your medical information baselined by another medicalprofessional PRIOR to the C& P Exam.
For example, if a veteran is already service connected at 0percent for Migraines, but you now believe your Migraines meet the higherrating criteria by law, all you need to get the higher rating is a DBQ forMigraines completed by a private healthcare provider.
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For instance, a Veteran with a 70% disability rating with a dependent spouse would receive $1,566.71 per month, based on 2021 rates. A Veteran with that same 70% rating, but without a spouse, would receive $1,444.71 per month. However, a Veteran with a 20% rating would receive $284.93 per month regardless of their dependents.
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Special Policy For Residents Of Harris County:
Residence Homestead: “Residence homestead” means a structure or a separately secured and occupied portion of a structure that: is owned by one or more individuals, either directly or through a beneficial interest in a qualifying trust is designed or adapted for human residence is used as a residence and is occupied as the individual’s principal residence by an owner, by an owner’s surviving spouse who has a life estate in the property, or, for property owned through a beneficial interest in a qualifying trust, by a trustor or beneficiary of the trust who qualifies for the exemption.
10-90% Disabled veterans that are over 65 may apply for three exemptions:
A disabled veteran may also qualify for an exemption of $12,000 of the assessed value of the property if the veteran is age 65 or older with a disability rating of at least 10 percent totally blind in one or both eyes or has lost use of one or more limbs.
May I file for a disabled veteran’s exemption after the deadline has passed?Yes. The deadline for filing for a disabled veteran’s exemption is between January 1 and April 30 of the tax year. However, you may file for a disabled veteran’s exemption up to one year from the delinquency date. To file for a disabled veteran’s exemption, you must complete the Application for Disabled Veteran’s or Survivor’s Exemptions form and submit it to the appraisal district in which the property is located.