What is a 100% VA Disability Rating?
Understanding the policies, procedures and terminology of the Department of Veterans Affairs isn’t easy. Even considering filing a benefits claim can feel daunting. Terms like “100 percent VA disability rating” might not mean much to the average person, but for any serviceman or woman hoping to receive benefits, understanding these concepts is important.
The VA rates all disabilities on a scale from zero to 100 percent. The more severe a disability, the higher the score. The VA will then take each individual rating and run it through their chart to determine an overall rating. This is not regular math it is a special chart they use to calculate overall rating. There are two ways to reach an overall 100% rating (1) schedular basis (all your injuries add up to 100% rating when run thru the special chart and (2) you are granted total disability based on individual unemployability (TDIU). This means you don’t have an overall 100% but the VA will pay you at 100% level if you are deemed to be unemployable due to your service connected conditions.
General Criteria to Show Unemployability
In order to be granted TDIU you have to show the VA that you are not able to “maintain gainful employment” due to your service connected disabilities only. Many veterans that are unable to work have additional disabilities not related to service. The VA will ONLY look at those disabilities that are related to your service. Maintaining gainful employment means the veteran, if working, makes below the poverty level.
Application Process
Total disability based on individual unemployability, or TDIU, allows veterans to collect benefits when they are unable to work due to their service connected disabilities. In order to apply, a veteran needs to fill out and submit VA Form 21-8940 to the VA. The VA will then submit a questionnaire (VA Form 21-4192) to your most recent employer. They may also schedule you for an exam and request a doctor discuss your functional impairment in a report. The VA is the ultimate decision maker as to your employability. They take into account the reason you left your last job, your limitations based upon medical evidence etc. This is where a vocational expert opinion may be helpful. We work with many vocational experts who assist in providing expert opinion to the VA with regards to our clients unemployability.
Compensation
Like those receiving benefits for 100 percent disability ratings, veterans who qualify for TDIU benefits receive monthly payments from the VA. The amount can increase depending on the number of dependents a veteran has.
How VLG Can Help
Veterans Law Group is committed to helping the men and women who so selflessly served our country. The VA is notoriously overburdened, making the claim process a challenging one. If you or someone you love needs help understanding your rights, filing a claim, or fighting for an appeal, we can help. There is no commitment or risk involved in our consultation process, and you’ll owe nothing until you successfully receive the benefits you deserve. Fill out this form to get started.
