If you suffered mental or physical injuries from your military service, Veterans Affairs could give you permanent and total disability if evidence proves your condition cannot improve. Qualifying for this category means you also get a 100% disability rating, which entitles you to a wide range of benefits.
Following are more details to help you understand how you can get permanent and total disability from the VA.
What Is Permanent and Total Disability?
Despite receiving medical care, a permanent disability shows little or no signs of improvement. For example, if you suffer paralysis that does not go away with adaptive and physical exercises, you might have a permanent condition.
Another factor that may lead to a permanent disability rating is age. For instance, if you are above 75 years old, your health is less likely to improve. Hence, your probability of getting a permanent disability rating is higher than that of a 35-year-old veteran.
Total disability refers to a situation where you cannot do basic tasks due to service-related injuries. VA will determine how your health issues affect your everyday life when assessing your case. Based on the finding, you may get a permanent and total disability if your condition meets both criteria.
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What Benefits Are Available for Permanently and Totally Disabled Veterans?
If you have a permanent and total disability rating, you may get various benefits from the VA and your state. For example, you receive free healthcare from all VA-health facilities. You can also obtain emergency medical care at non-VA hospitals if you notify Veterans Affairs within the required time.
Some service-related disabilities may make it hard to live on your own. The healthcare benefits available to veterans who are permanently and totally disabled compensate for the cost of paying a licensed caregiver. Moreover, they will cover the expenses of residing in a nursing home.
Additional costs the health care benefits can compensate are:
- Preventative care
- Buying assistive devices like crutches and hearing aids
- Expenses for attending doctor’s appointments
- Rehabilitative therapies
- Specialty care
Another benefit you get with a permanent and total disability rating is monthly compensation. The value of your pay will mainly depend on the number of dependents you have. Such include your parents, children, and spouse. Typically, veterans with more dependents receive higher monthly compensation than those with less.
Other benefits you receive with a permanent and total disability rating are:
- Free parking in some states and municipalities
- Educational benefits for your children
- Property tax waivers
- Free Space-A flights
- Tax waiver on your pension
Some disabilities may make it hard to use some parts of your home. For example, if you live on a premise with no elevator, it might be challenging to use the staircase. VA provides house grants to veterans with a permanent and total disability rating.
This one allows you to get a specially adapted home for easier access and usage. You can also use the grant to renovate your current property. However, the cost of the remodel must not be higher than that of buying a specially adapted home.
Does the VA Consider Mental Health Issues Permanent and Total Disabilities?
VA does not always consider mental health issues related to your military service as permanent and total disabilities. This is based on most of these conditions are likely to improve with therapy and medication.
Still, if you suffered a severe brain injury that permanently affects your mental health, you might get this rating. VA may also consider you totally disabled if your condition worsens over time despite receiving medical care.
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Is it Possible to Get a Permanent and Total Disability if You Have a Lower Rating?
Yes. You can pursue a permanent and total disability rating even if the VA considers you less than 100% disabled. However, you must request a decision review process using the three available options. These are:
- Higher-level review
- A supplemental claim
- Board appeal
Selecting the right decision review option can be tricky since each is suitable for different conditions. Luckily, a veterans disability lawyer can evaluate your case to identify the best solution.
They will also analyze the available evidence to determine if you need more proof to pursue the permanent and totally disabled rating. If yes, the disability attorney will ensure you get a compensation and pension exam from the VA to reevaluate your health condition.
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Get Help Pursuing a Permanent and Total Disability Rating from the VA Today
Getting a permanent and total rating from the VA may be challenging if you do not have enough evidence. However, a veterans disability attorney can represent you and analyze your case to confirm if you have sufficient proof.
Your case’s specifics will determine your eligibility for receiving a permanent and total disability rating from the VA. Contact us today if you need a lawyer to help you navigate VA’s eligibility criteria or the decision review process.
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