Can Veterans With Schedular 100% Va Disability Ratings Work
If a veteran has a schedular 100 percent disability rating for one or more service-connected conditions, they are fully entitled to continue working. However, veterans should keep in mind that the VASRD is based on average impairment to earning capacity. This means that a veterans ability to work is one of the factors VA considers when trying to determine whether there has been an actual material improvement to a service-connected condition.
Va Disability Housing Grants
Disabled veterans may be able to get a Specially Adapted Housing grant if youre using the grant money to buy, build, or change your permanent home and you meet eligibility requirements. If you qualify for an SAH grant, you can get up to $101,754 for FY 2022. You may also qualify for a Special Home Adaptation grant if youre using the grant money to buy, build, or change your permanent home and you meet eligibility requirements. If you qualify for an SHA grant, you can get up to $20,387 for FY 2022. This is the current total maximum amount allowed for SHA grants. Finally, you may be able to get a Temporary Residence Adaptation grant if you meet the requirements. If you qualify for an SAH grant, you can get up to $40,983 through the TRA grant program for FY 2022. If you qualify for an SHA grant, you can get up to $7,318 through the TRA grant program for FY 2022. Click HERE to check eligibility for all VA Disability Housing Grants.
Lawyers Serving Georgia’s Disabled
Navigating a new disability can be challenging, especially if you are unsure of the benefits awarded to you. At Affleck & Gordon, our team of strong legal advocates is passionate about helping injured and disabled individuals receive the benefits they deserve.
Are you in the process of applying for 100% VA disability? Schedule a free initial consultation with a member of our team by calling us at 990-3945 to learn more about how we can guide you through this process.
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What Is The Va Disability 100% Rule
The VAdisability 100 percent rule states that if a veteran is assigned a 100 percent rating, the rating cannot be reduced unless material evidence indicates that the veterans service-connected condition has significantly improved. Here, VA must provide evidence showing substantial improvement in the veterans ability to function on a day-to-day basis.
Spouse And Dependent Health Care
Family members of veterans with 100% disability ratings are also eligible for full medical care. The VA provides many health-care services for families through the Civilian Health and Medical Programs . This is a complex program, beyond the scope of this column, so please refer here for details:
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Getting The Benefits Of A 100% Rating Through Tdiu
Total Disability Individual Unemployability benefits allow veterans who dont qualify for a 100% rating based on schedular criteria to receive cash compensation at the rate of someone who is totally disabled. TDIU benefits recognize that some veterans have conditions that limit their ability to maintain substantial gainful employment even though they are not fully disabling.
A veteran may qualify for TDIU if they have one service-connected disability that is 60% or more disabling. If they have two or more service-connected disabilities, they must have one rated at 40% or more disabling and a combined disability rating of 70% or higher. However, exceptions are sometimes made for conditions that result in frequent hospitalization.
Substantial gainful employment is defined as earning more than a poverty-level wage in a position that does not qualify as a protected work environment. As such, veterans who are self-employed, work for a friend or family member, or perform odd jobs throughout the year may still qualify for TDIU.
Va Home Loan Funding Fee Waiver For Disabled Veterans
Disabled Veterans with a VA disability rating of 10% or higher qualify for a waiver of the VA home loan funding fee. Effective January 1, 2020, VA home loan funding fees range from 1.4% to 3.6% of the total loan amount . For example, lets say a first-time veteran home buyer purchases a $300,000 home and makes a down payment of $15,000 . Youll pay a VA funding fee of $4,702.50, or 1.65% of the $285,000 loan amount. Note the funding fee applies only to the VA loan amount, not the purchase price of the home. So, if youre a disabled veteran with a service-connected disability rating of 10% or higher, you are exempt from the VA home loan funding fee! Disabled veterans can check eligibility requirements HERE.Pro Tip: Veterans can download their VA Certificate of Eligibility form online, which shows the amount of benefit available to you.
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Veteran Readiness And Employment Program
The VR& E Program assists veterans with service-connected disabilities to prepare for, find and keep suitable jobs. For veterans with service-connected disabilities so severe that they cannot immediately consider work, this program offers services to improve their ability to live as independently as possible.The VR& E Program includes the following services:
What Is A 100 Percent Disability Rating
When signing up for the armed forces, no one can predict that they may require a 100 percent disability rating from the VA in the future. Unfortunately, this is the case for almost 5 million veterans.
VA benefits help disabled veterans afford living expenses when unable to work. A veterans compensation rate is dependent upon their disability rating, and these ratings range from zero to 100 percent.
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% Permanent And Total Va Disability Ratings
Permanent and total disability ratings mean that VA has determined the veteran is both permanently and totally disabled. It is a classification that means veterans no longer need to attend Compensation & Pension exams. In addition, veterans with permanent and total disability ratings are typically no longer subject to rating reductions. If you believe you are entitled to a permanent and total disability rating, you should apply through VA.
Additional Va Disability Compensation For Dependents
Disabled veterans with a current VA disability rating of 30% or higher are eligible for an increase in monthly VA disability compensation to help support your family. Disabled veterans can apply online for free and add/remove dependents at any time on the VA.gov website inside their VA disability claim online application. The application typically takes 30 days or less to add or remove dependents. Sometimes the VA will call or write to verify your dependent status.
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What Benefits Do You Get With A 100% Disability Rating
A 100% disability rating for PTSD allows you to receive various benefits. These are:
- Inpatient and outpatient care
- Education benefits for your kids
- Property tax exemptions
Another benefit you get with a 100% disability rating is free private counseling in a VA facility. You may also undergo other treatments like group and family therapies with no charges.
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What To Do After 100% Disability
Kinda curious about the hypothetical but say youre me, 22 years old. Possibly about to get 100% disability. For a lot of people its a REALLY good amount of money. Hopefully for a lot of people, they dont plan to spend ALL of it each time they get it. Ive had some experience in stocks before and I still do plan to work on a non physical job to never get injured again
What should I do with the money? I have no car payments and I just moved back in with parents after i got out the military a month ago. I do plan to help them pay with their mortgage cause F it why not help my parents retire early
Should I talk to a lawyer or an accountant or both? I have a family member I trust whos an accountant if I need to go to one.
All in all, I hope no one is just buying guns, cars, and new materialistic things they dont need as soon as they get their $3,332.06.
Discuss whatever ideas you guys have im very curious.
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Expedited Processing Of Social Security Disability Benefits
Disabled veterans with a 100% permanent and total VA disability rating may receive expedited processing of applications for Social Security Disability Benefits. The Social Security Administration automatically identifies most veterans that meet the VA 100% Permanent and Total disability compensation rating. Although in rare instances a veteran may have to self-identify as meeting the rating and provide the VA notification letter as proof. You can apply online by clicking HERE.
Why Would Someone Want A 100% Rating Versus Unemployability
The biggest difference between unemployability and a 100% disability rating comes down to the work restriction imposed by unemployability. There is a myth that a veteran cannot hold any employment while receiving unemployability, and while that is not the case, there are restrictions on what employment a veteran can hold.
The VA may grant unemployability when a veteran is unable to secure or maintain a substantially gainful occupation due to their service-connected disabilities. The courts have determined that substantially gainful occupation means employment where a veteran earns more than what the current federal poverty level is for an individual. Right now, the current poverty level is around $12,000. This means that an employed veteran who earns $12,000 or less per year can still be eligible for unemployability even though they are employed.
There are no restrictions on a veterans ability to work with a 100% disability rating.
However, with unemployability, the VA can and will revoke unemployability if a veteran becomes employable again.
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How Do You Know If Your Rating Is Permanent
If a veteran is rated permanent and total for a service-connected condition, there are a number of ways in which they will be notified. In most cases, it will be indicated in the decision letter. On some Rating Decisions, there is a Permanent and Total box that will be checked. On others, there may be language like eligibility to Dependents Chapter 35 DEA/CHAMPVA are established or no future exams are scheduled both of which indicate permanence. The exact language may vary between different VA Regional Offices.
What If My Claim Is Denied
If your claim for a 100% VA disability rating is denied, you have the right to appeal the decision. You should contact the VA office that issued the denial to discuss your options. If you can still not receive a higher rating, you can file a Notice of Disagreement with the Board of Veterans Appeals.
The Board of Veterans Appeals is the final step in the VA appeals process. You can represent yourself before the Board, but it is recommended that you constitute legal advice through a disabled veterans attorney to help with your case.
An experienced Veterans disability attorney can help you navigate the claims and higher rating appeals process. The attorney or law firm can also gather and submit evidence to support your claim and represent you before the Board of Veterans Appeals.
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What Are Va Disability Ratings And Who Assigns Them
VA assigns disability ratings to veterans with service-connected conditions. A disability rating is based on how severe the veterans condition is and how the disability impairs their earning capacity. VA disability ratings range from 0 to 100 percent using VAs Schedule for Rating Disabilities . When a veteran has multiple service-connected conditions, each with its own disability rating, VA combines them together using VA Math. Importantly, a veterans combined disability rating determines the amount of monthly compensation they will receive.
As of December 1st, 2021 the VA disability rate benefit amounts are as follows:
- 0 percent disability rating: $0.00 per month
- 10 percent disability rating: $152.64 per month
- 20 percent disability rating: $301.74 per month
- 30 percent disability rating: $467.39 per month
- 40 percent disability rating: $673.28 per month
- 50 percent disability rating: $958.44 per month
- 60 percent disability rating: $1,214.03 per month
- 70 percent disability rating: $1,529.95 per month
- 80 percent disability rating: $1,778.43 per month
- 90 percent disability rating: $1,998.52 per month
- 100 percent disability rating: $3,332.06 per month
Many veterans pursue 100% disability ratings because of the amount of compensation and additional benefits associated with it. Therefore, it is important to note that there are multiple types of 100% VA disability ratings that veterans can obtain.
What Does A Va Disability Rating Of 100% Really Mean
The words 100% disabled often conjure up images of totally incapacitated people, vets with traumatic brain injuries, and those who have lost limbs. However, a 100% VA disability can be determined in more than one way.
The first is through a catastrophic injury or illness, such as those described above. Also, any veteran being treated for an active cancer receives a 100% determination
A large number of veterans are rated as 100% disabled through an accumulation of other less serious conditions.
For example, a Vietnam veteran may have cardiovascular disease presumptively related to Agent Orange. Perhaps the VA determines that condition to be 40% disabling. He also has ankle issues stemming from a parachute jump for another 20% tinnitus and a small piece of shrapnel lodged in his knee that begins causing him trouble as he ages.
Together, the cumulative rating for those issues may add up to more than 100%, but the veteran may still be leading an active and relatively mobile life.
The VA has a program for just about anything a disabled veteran might need. There is a complete array of health care programs including full dental.
VA benefits can also help with education, employment, and housing. VA counselors constantly remind veterans If you need help with something, the VA most likely has a program to assist you.
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How The Va Decides Your Ptsd Rating
According to 38 CFR PTSD §4.126, evaluation ofdisability from mental disorders, the RVSR is required to consider these tworules:
1. When evaluating PTSD, the rating agencyshall consider the frequency, severity, and duration of psychiatric symptoms,the length of remissions, and the veterans capacity for adjustment duringperiods of remission.
The rating agency shall assign an evaluationbased on all the evidence of record that bears on occupational and socialimpairment rather than solely on the examiners assessment of the level ofdisability now of the examination.
2. When evaluating the level of disabilityfor PTSD, the rating agency will consider the extent of social impairment butshall not assign an evaluation solely based on social impairment.
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Filing A Va Disability Claim Based On A Service Connected Disability
If you are a veteran who is disabled due to your military service, you may be eligible for disability benefits from the Veterans Affairs Department. To be considered for benefits, you must file a VA disability claim.
You need to know a few things about filing a VA disability claim. First, to be eligible for benefits, you must be unable to maintain substantially gainful employment due to your service-connected disabilities. Marginal employment, such as odd jobs, is not considered substantial gainful employment for VA service-connected compensation purposes.
You must also provide evidence of your disability to the VA. This evidence can include medical records, military records, and any other documentation that can support your claim.
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A Claim For Increase Is Also A Claim For Tdiu When There Is Evidence Of Unemployability
In the Rice v. Shinseki case ), the Federal Circuit held that a Veterans request for a higher disability rating, coupled with evidence indicating that the Veterans ability to work was significantly impaired by his or her service connected conditions reasonably raises the issue of entitlement to TDIU as an alternative basis for increased compensation.
This type of claim is an inferred claim and should be considered by the VA Regional Office whether the Veteran specifically asks for it or not.
What does that mean in practical terms? Depends on where you are in your case.
When FILING a claim for increase, if you are unemployable because of the service-connected condition regardless of the percentage, include VA Form 21-8940 and specify that you are seeking TDIU in addition to the claim for increase for that condition .
When arguing that the VA wrongly denied a claim, look in your C-File for claims for increase where you also alleged you are unemployable or unable to get employment because of that condition, and then you could argue that the TDIU claim is reasonably raised by the record.
We are arguing the opposite in a case currently before the Board of Veterans Appeals that a claim for TDIU, being a claim for increase, necessitates that the Board adjudicate the increased compensation claim as well as the TDIU claim.
Survivors And Dependents Educational Assistance Program
The Chapter 35 benefits program, also known as the Dependents Educational Assistance program, offers benefits to eligible dependents of disabled veterans who are permanently and totally disabled due to a service-connected condition, and who are currently receiving TDIU benefits or died while on active duty.
These dependents can receive up to 45 months of full-time or equivalent benefits for:
The Folds of Honor foundation offers two scholarship programs for dependents of disabled veterans.
- The Childrens Fund Scholarship serves K-12 students
- Higher Education Scholarship
Both of these scholarships are based on unmet need and can be valued up to $5,000. The scholarship can be used to fund any educational expenses, from tuition to books and other fees.
Veteran Readiness and Employment , provides job training and other services to eligible veterans with service-connected disabilities to help prepare them for and maintain employment or achieve independent daily living.
An eligible veteran is one with a service-connected disability rating of at least 20 percent with an employment handicap, or rated at 10 percent with a serious employment handicap.
Disabled Veterans with a VA disability rating of 10 percent or higher, qualify for a waiver of the VA home loan funding fee.
The VA funding fee applies to the VA loan amount, NOT the purchase price of the home.
But, if you have a service-connected disability rating of 10% or higher, you are exempt from the VA home loan funding fee.
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