If you served in the Armed Forces and are living with disabilities connected with your service, you may be entitled to receive certain benefits through the U.S. Department of Veterans Affairs (VA). The types and amounts of benefits you can receive depends on a disability rating assigned to you by the VA, which looks at the severity of your condition and how it impacts your life. The higher your rating, the greater the benefits you will receive.
Unfortunately, even if you firmly believe that you are fully disabled due to your service, you can find yourself facing serious hurdles to secure a 100 percent VA disability rating.
When you are a fully disabled veteran, getting appropriate disability compensation and benefits may be the most critical challenge you are facing. Improve your chances of securing a 100 percent rating by turning to the Mississippi disability lawyers at Derek L. Hall, PC
Our law firm provides exceptional legal representation to our nation’s dedicated service members. You can count on our lawyers to give you an honest, realistic expectation of your case’s outcome while constantly fighting for the best possible results for you.
Obtaining a 100 percent VA disability rating can ensure that you receive the best possible support, both now and in the future. Call or contact us today for a free consultation.
100 Percent VA Disability Benefits
A current or former service member who served in active duty, active duty for training, or inactive duty training may be entitled to VA disability benefits if they have an injury or illness that affects their body or mind.
The injury or illness must have:
- Occurred during military service
- Existed before joining the military but was made worse during service
- Appeared after leaving the armed forces but is service-connected
One of the primary VA disability benefits includes monthly cash payments. The payment amount will depend on your disability rating and whether you have any dependent family members.
Cash payments are intended to make up for the veteran’s impaired earning ability due to his or her military service. Veterans whose disabilities prevent them from working altogether should be entitled to a 100 percent disability rating. When you are fully disabled, the correct cash payments can make all the difference in supporting yourself financially.
The amount of 100 percent disability payments changes annually to account for a cost-of-living adjustment determined by the Social Security Administration. To learn the current year’s amounts, visit here.
How to Get 100 Percent Disability From VA
A veteran can receive a 100 percent disability rating from the VA if they have a single disability that satisfies the requirements for a 100 percent rating or two or more disabilities that, when combined, add up to 100 percent.
A veteran may also qualify for a 100 percent disability rating from the VA under the Total Disability/Individual Unemployability (TDIU) rating when they meet the following criteria:
- There is evidence of suffering from at least one service-connected disability.
- They can prove that their disabilities prevent them from performing the tasks required for gainful employment.
- One disability is rated at 60 percent or more, or;
- If a veteran has two or more disabilities, at least one disability is rated at 40 percent or more, with a combined rating of 70 percent or more.
Combining the ratings from two or more disabilities is more complicated than simply adding up the two ratings. Instead, the VA uses a combined ratings table to calculate the final combined rating. Under the combined ratings table, two ratings correspond to a separate combined rating. This combined rating can then put into the table again to be combined with the ratings for a veteran’s additional disabilities.
The table reaches a maximum combined rating of 99. Final combined ratings are then rounded up or down to the nearest number divisible by 10, so the highest possible rating of 99 would be rounded up to 100.
In most cases, the VA will not automatically assign a 100 percent disability rating under TDIU unless the veteran specifically requests it. This can make the process of obtaining a 100 percent disability rating complicated and time-consuming if the veteran must go through the VA’s claims and appeals process. A knowledgeable disability benefits attorney from Derek L. Hall, PC can assist you so that you don’t have to fight for benefits alone.
Can I Still Work With a 100 Percent Disability Rating?
It depends. If your disabilities receive an individual or combined 100 percent VA disability rating, you can still legally work unless you obtained the rating through TDIU. If the rating came through TDIU, you cannot legally perform “substantial gainful employment” since one of the conditions of TDIU includes showing that your disabilities prevent you from performing the physical or mental tasks required of gainful employment.
If a veteran who has received TDIU earns an annual income that does not exceed the poverty threshold for an individual person, such employment is considered “marginal” and does not violate the prohibition on performing substantial gainful employment under TDIU. Employment in a family business or sheltered workshop is also typically excluded from the definition of substantial gainful employment.
If You Are a Disabled Veteran, Get Help Today
If you are a veteran and believe you qualify for a 100 percent disability rating, let a disability benefits attorney at Derek L. Hall, PC push for the resources you need to lead a more comfortable life. Call or fill out our convenient online contact form for a free consultation. There’s no obligation.