To be assigned a 100% disability rating from the VA and receive the maximum benefits available to veterans, it is necessary to prove that your injury or illness was sustained during your military service (including not only active duty but also inactive duty training) and that you are mentally and/or physically impaired to such an extent that you cannot maintain gainful employment.
A lower rating could result in less than the true value of your claim, which is why it’s crucial to provide all the evidence possible showing the full extent of your impairment as part of your VA benefits application. A veterans benefits attorney can help guide you through the complex claim process to get you the largest payment available. While success is never guaranteed, there are proven steps you can take to give yourself the best chance at the rating you deserve.
What is a 100% rating and why does it matter?
When assessing disability claims, the VA assigns veterans a rating in the form of a percentage. This rating reflects the VA’s view on how serious the disability is. A rating of 100 percent is the highest level of disability available. It is a sign that the condition in question is extremely debilitating.
The amount of monthly benefits paid by the VA is connected to your rating. If your rating is less than 100 percent, the benefits you receive will be less than the maximum allowed by the VA.
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What is a TDIU?
There is another way to receive disability benefits from the VA outside of securing a 100% rating. This is possible through something referred to as TDIU. TDIU—or Total Disability based on Individual Employability—is another standard the VA uses to determine whether benefits are necessary. TDIU takes into account your disability rating, but it provides an avenue for benefits even if your rating is less than 100%.
To qualify, you have to be a veteran. You also have to have a service-connected disability rated 60 percent. Alternatively, you could have a combination of disabilities that are rated at 40 each or 70 percent combined. Finally, there is an aspect of TDIU that is related to your ability to work.
In order to qualify under TDIU, it must be impossible for you to maintain substantially gainful employment due to your disabilities. That means you cannot meaningfully support yourself through full-time work. You are not disqualified if you are able to take on marginal employment, like odd jobs that are not on a regular schedule.
Talk to an attorney about your disability rating
Securing a rating of 100 percent is an important part of obtaining disability benefits from the VA. However, it is not your only path forward. If your ability to earn a living has been lost due to your disability, you could be entitled to benefits through TDIU.
These issues are complex and often difficult to resolve on your own. To ensure you have the best chance of securing benefits through the VA, let an attorney assist you with this process. You deserve benefits for your disability after serving your country. Reach out today to see how Marc Whitehead & Associates can help.
Call or text 800-562-9830 or complete a Free Case Evaluation form
