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General / May 24, 2015

When a 100% Rating is Not 100%

I recently ran across a good article in USA Today regarding VA Benefits and a 100% total disability rating. The USA Article provides some overview into how the VA views 100% disability.

The gist of the article concerns an issue that I have discussed with many clients. The VA considers many disabilities as “temporary.” In other words, the disability has the potential for improvement. I have many Veterans receive above a 70% rating, which puts them in position to obtain TDIU (Total Disability and Individual Unemployability), thereby giving them an effective 100% rating. If you are 70% or above, you are eligible for TDIU if you cannot sustain “gainful” employment. If the VA rates you at 100%, then hang on. They can always request another C&P exam in the future to determine if you are improving.

The best piece of advice that I can give you is to document your condition. Insist that all doctors and medical personnel you see for any type of treatment accurately document your disabilities. Do not assume that the VA examiner will give you the benefit of the doubt. If asked to submit to a C&P exam for a review of your disability, be prepared.

Our office assists many veterans in the preparation and management of their VA disability case, including preparation for C&P examinations.

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