When it comes to the Veterans Affairs 100 percent disability ratings, things can be confusing. Veterans can find it difficult to determine if they can work if they are rated at 100%. Additionally, there are many benefits that are exclusive to veterans with 100 percent. To better understand which 100% rating is best for you, let’s consider the types of 100 percent disability ratings that the VA uses to determine if a Veteran can return to work or not.
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Five Types of 100 Percent Disability Ratings
Service-Connected Disabilities – This is when a Veteran’s a single service-connected disability or alternatively, the Veteran’s combined service-connected disabilities total to 100 percent. Even if the Veteran reaches 100 percent service-connected disability this way, full-time employment is still permitted and will not have a negative impact towards their rating. However, Veterans under this rating could be subject to future examinations.
Total Disability/Individual Unemployability (TDIU or IU) –This type of disability rating is a bit more complicated than a regular service-connected disability. It suggests that a Veteran should be paid the full 100 percent rate, even though the total rating does not combine to 100 percent. A Veteran may make a claim for the rating when he or she is unable to maintain what the VA considers “gainful employment” because the service connected disability keeps them from doing so. Veterans granted 100% disability under IU are not allowed to work full-time due to the nature of his or her service-connected disabilities.
To qualify for TDIU or IU, the Veteran must have one disability rating at 60 percent or one at 40 percent with enough additional disabilities that create a rating of 70 percent or above. However, even if the basic criteria for IU are met, this does not mean that 100 percent disability rating will be awarded. The Veteran must provide medical evidence which shows that he or she is unable to work in both physical and sedentary settings. Though the qualifications may seem stringent, IU can still be awarded to those Veterans who do not meet the percentage criteria if the disabilities present a distinctive hindrance to gainful employment.
Receiving an IU 100 percent rating does not apply to all employment types. You can still work “marginal” or part time employment with a certain amount that can be earned annually.
Temporary 100 Percent Disability Rating– This rating is given to Veterans that have been hospitalized for 21 days or longer or had surgery for a service-connected disability that requires at least a 30-day convalescence period. The VA will pay the Veteran at the 100 percent rate for the extent of the hospital stay or convalescence period.
Permanent and Total Rating– The Permanent and Total rating is when the VA recognizes that the Veteran’s service-connected disabilities have no probability of improvement and that the Veteran will remain at the 100 percent rating permanently without the need for future examinations. The P&T rating will also provide additional benefits including the Chapter 35 education benefits and CHAMPVA for dependents.
Keep in mind that when requesting P&T, all service-connected records will be re-evaluated and if improvement is found in subsequent evaluations, the VA could subject the 100 percent rating to be reduced. Fraud, Clear and Unmistakable Error (CUE), and applying for Special Monthly Compensation (SMC) could carry the same levels of risk.
Service-Connected Cancer – Veterans diagnosed with service-connected cancer will receive a 100 percent rating immediately. The Veteran must, however, receive treatment programs such as chemotherapy for six months. The 100 percent rating will remain effective during this duration.
After these six months, the VA will conduct a C&P Examination to determine if symptoms have improved or worsened, and the rating will adjust in conjunction with the symptoms.
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Benefits Exclusive to 100 Percent Disability
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CHAMPVA for eligible dependents
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Free dental and vision care at the VA
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VA Home Loan Funding Fee Waiver
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State property tax exemptions (Limited to some states)
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Chapter 35 Educational Benefits (Exclusive to P&T Rating)
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Space-A Travel
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Burial & Plot Allowance
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Base Access
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Expedited processing for Social Security Benefits
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Free National Park Access
The navigation through the VA’s 100 percent disability rating options can be tricky and overwhelming. This is why it is important to have a knowledgeable and experienced VA attorney on your side that can help guide you through the process and get you the benefits that you deserve.
For more information download our free e-book, Veterans Disability Claims, Strategies for a Winning Campaign.
Original blog link: https://disabilitydenials.com/blog/va-100-percent-disability-ratings/
