A 100 percent VA disability rating can open the door to vital resources for eligible veterans. It can mean thousands of dollars more each month as well as additional benefits that lower-rated veterans cannot get. But it’s not always easy to obtain a 100 percent rating. That’s where we can help.
George Sink, P.A. is a veteran-owned firm that has been in business for more than 40 years. During that time, we have helped thousands of injured and disabled people fight for what’s right. It’s unacceptable to deny people the compensation they need to thrive and survive. Our attorneys approach every case with compassion, strong legal knowledge, and a commitment to standing up for those whose service-connected disabilities are not rated fairly.
We know how difficult it can be to get a 100 percent VA disability rating. The application process is complex and has strict deadlines. The VA also requires substantial evidence to support a claim for disability benefits. Far too many disabled veterans get frustrated by the red tape and simply give up.
Don’t shortchange yourself. There are several paths to getting a 100 percent rating. Reach out to us to learn more.
If you or a loved one is applying for benefits or unhappy with their VA rating, contact our veterans disability attorneys for a free consultation now.
What You Need to Prove 100 Percent VA Disability
A key component impacting the rating is how much the con ditions affect a veteran’s ability to work. Attaining a 100 percent disability rating means that you must prove that you are physically and/or mentally impaired to such a degree that it is impossible for you to maintain a substantially gainful occupation or carry out daily activities. To prove you have this level of disability, you should submit extensive documentation.
Examples of evidence that you may use to prove you are 100 percent disabled include medical diagnoses, lab test results, physicians’ statements, and statements from your supervisors or co-workers, friends and family.
If you are not currently receiving medical treatment for your condition or are not seeing your doctor regularly, you should do this before applying for a 100 percent disability. VA may view the lack of consistent medical care as an indication that your condition is not as severe as you make it out to be. In other words: If you have not been to the doctor in six months or a year, the VA may find it hard to believe your condition is severe enough to warrant a 100 percent rating.
Qualifying for 100 Percent VA Disability
Veterans who have a service-connected illness or injury must meet several requirements in order to receive VA benefits. The most basic prerequisites require that veterans have:
- Sustained their injury or illness during active duty, active duty training, or inactive duty training.
- Been honorably discharged from the military.
- Been given a 10 percent or more VA disability rating for the illness or injury
There are several ways that you may be able to attain 100 percent disability benefits:
- 100 percent rating based on VA formula. The VA processes your application by rating your disability or disabilities using a special schedule. If the combined total of the ratings is 100 percent, then you qualify for 100 percent benefits. It gets tricky if you have multiple disabilities and ratings. It’s not a simple matter of addition. In other words, a 70 percent rating for one injury and a 30 percent injury for another condition will not automatically render you 100 percent disabled. This is especially important to understand if you are considering appealing your VA rating. Our attorneys can explain the VA math to you during our case review.
- Total disability due to individual unemployment (TDIU). In certain cases, veterans who are not rated at 100 percent but are unable to work as a result of their service-connected disability may be paid at the 100 percent rate if they can prove to the VA how impaired they are. You can qualify for TDIU two ways:
Schedular TDIU, which means you must meet the following criteria:
- You have a single disability rated at 60 percent or higher and you are unemployable due to that disability; or
- You have two or more disabilities with a combined rating of 70 percent (with one of your conditions rated at 40 percent or higher on its own) and you are unemployable due to those disabilities
How VA Rates Your Disability
VA gives all veterans a rating on a scale of 0 to 100 percent when it approves for disability:
- A 0 percent rating signifies a mild disability that likely does not impact your ability to work on a regular basis. With this rating, you do not receive monthly compensation but do receive free mental health care and other perks.
- A 100 percent rating indicates total disability and thus makes you eligible for the maximum schedular VA disability benefit. As of December 2022, the monthly amount for a 100 percent rating is $3,621.95 per month.
The VA employee who approves your application is the one who rates your disability based on your medical evidence and other supporting documentation. The VA uses the disability rating system to put a number on what it perceives as your level of disability. The rating schedule runs from 0 to 100 percent in increments of 10. The more supporting evidence you have showing the functional impact of your condition, the more likely you are to receive a higher rating, including 100 percent.
VA Benefits for 100 Percent Disabled Veterans
Disabled vets with a 100% rating get a wide range of benefits from The U.S. Department of Veterans Affairs (VA) to help them adjust to a better life, such as monthly payments, health care benefits, property tax waivers, housing grants, free air travel, and more.
If you are completely disabled but have not received a 100% disability rating, it is vital to file for a decision review process. This step may help you receive rightful compensation from VA.
Some of the benefits available for disabled vets with a 100% rating include:
Health care benefits
A 100 percent disability rating places you in Health Care Priority Group 1. This category allows you to receive free treatment in all VA facilities. If you need emergency care, VA may also compensate the expenses if you let them know within the required time.
In addition to these benefits, and monthly monetary benefits, you may be able to get:
- Preventive care
- Primary care
- Specialty care
- Mental health services
- Home health care
- Dental coverage
- Vision care
- Geriatric/extended care
- Medical equipment, prosthetics and aids
- Nursing home placement
- Medically related travel benefits
- Hearing aids
- Dependent health care (if ineligible for TRICARE)
- Foreign medical care
- Home renovation grants to adapt living areas to accommodate your disability
- Emergency care at a non-VA facility (for certain cases)
Special Monthly Compensation
Veterans with certain medical expenses may be entitled for compensation above the 100 percent rating. This is possible in more extreme cases where a veteran may have suffered from organ damage, a lost limb or is housebound and needs around-the-clock nursing care.
To qualify for special monthly compensation, you must have:
- One disability rated at 100 percent (either by the rating schedule or individual unemployability) and
- Another unrelated disability rated at 60 percent or higher.
Property Tax Waiver
All veterans who are declared permanently and totally disabled are eligible for a property tax waiver. Requirements vary in each state, so you would need to verify what is required in yours. It may also vary based on yearly rates, your property’s size, and net income.
Income Tax Exemption on Retirement Pay
Any retired member of the armed forces or their surviving spouse shall be exempted from the S.C. State Income Tax of $3,000 until age 65. After 65, $10,000 of retirement pay is exempt.
Education Assistance (Chapter 35)
Dependents of 100 percent P&T disabled veterans or those who died during service are eligible for educational and vocational benefits. Benefits are good for up to 45 months and are available for a variety of VA-approved degrees, certificates, trainings and correspondence courses.
Service-Disabled Veterans Life Insurance Waiver
Premiums may be waived for veterans who are totally disabled as a result of military service.
Specially Adapted Housing Grants
A 100% disability rating qualifies you for a specially adapted housing grant. These funds allow you to buy or build a home with features to accommodate your physical and/or mental impairments. You can also use the funding to remodel your home and make it more livable and accessible.
Free Space-A Flights
If you have a 100% disability rating, you qualify for free space-A flights. These allow you to enjoy reliable transportation anywhere in the U.S. with the Air Mobility Command (AMC) network.
These could include free or reduced admission to athletic events and visits to state and national parks. South Carolina provides free hunting and fishing licenses to veterans as well.
How Much Is 100 Percent VA Disability Per Month?
As of December 1, 2022, a 100 percent VA disability for a single veteran with no dependents is $3,621.95 per month. The U.S. Department of Veterans Affairs (VA) adjusts this amount each year, typically raising it to account for increases in the cost of living. In addition to your base monthly compensation, you may also be eligible for additional money on behalf of dependents living in your household. This includes your spouse, children, or dependent parents.
How Much Compensation Can I Receive Without a 100 Percent Disability Rating
The VA disability compensation schedule runs a broad gamut. With a 0 percent rating — which signifies a minor disability that has a minimal impact on your ability to work — you’re not eligible for any monthly compensation. But even with a 0 percent rating, you can receive free VA healthcare for your service-connected condition and other ancillary perks.
The 2023 VA disability compensation schedule for a veteran alone is as follows:
- 10 percent rating: $165.92 per month
- 20 percent rating: $327.99 per month
- 30 percent rating: $508.05 per month
- 40 percent rating: $731.86 per month
- 50 percent rating: $1,041.82.43 per month
- 60 percent rating: $1,319.65 per month
- 70 percent rating: $1,663.06 per month
- 80 percent rating: $1,933.15 per month
- 90 percent rating: $2,172.39 per month
- 100 percent rating: $3,621.95 per month
Your Options if You Apply for a 100 Percent VA Disability Rating but Do Not Get It
If you feel you deserve 100 percent VA disability but receive a lower rating, you have the right to appeal VA’s decision. Keep in mind that when you submit an appeal, VA re-reviews your entire application, which means a chance also exists that it could lower your rating rather than raise it. A VA disability lawyer can review the rating given to you by VA and let you know the risks and potential benefits of appealing.
VA offers three decision review options to revisit your initial claim, including a Supplemental Claim, High-Level Review, and Board Appeal. This review process is time-sensitive, and it’s recommended that you file your request within one year from the date of your decision letter.
If you aren’t satisfied with the results of one review, you can always select another suitable option to escalate your claim.
A supplemental claim allows you to add new and relevant information to your case to be considered for a disability rating increase. This new information can include medical records, physician statements, or anything substantial to your claim. A VA reviewer will analyze the data to see if it changes the decision on your rating.
You can submit a higher-level review of an initial or Supplemental claim. A senior-level VA reviewer conducts this review, and you will not be able to introduce new information. You and your VA disability lawyer can request a call with the reviewer to assist in identifying errors and advocating for your case.
A board appeal is directed to the Board of Veterans’ Appeals in Washington, D.C. This appeal can be conducted by:
- Direct Review: A Veterans Law Judge will review your claim based on existing information. You cannot submit new evidence or request a hearing.
- Submitting new evidence: A judge will review new information that you submit. You must submit this information within 90 days of your request.
- Requesting a hearing: You and your VA disability lawyer can request an in-person or virtual hearing in which you can submit relevant evidence and present your claim before the judge.
You can only submit one Board Appeal for the same claim, so it’s important to select a route that’s right for your claim. A VA disability lawyer can advise you on the best way to proceed and represent you in all aspects of the decision review process.
How a VA Disability Lawyer Can Help
Before you apply for 100 percent VA disability, consider meeting with a lawyer. A VA disability lawyer can let you know what to expect from the application process and help you put together a compelling appeal that gets you the highest rating possible based on your condition.
Providing Knowledge and Resources
VA disability lawyers are specifically trained in disability law and can guide you through the entire process. They know how to build a winning case, advocate on your behalf to VA claims specialists, and advise you on how to proceed with your claim. When you’re trying to get a 100 percent VA disability rating, you shouldn’t leave it up to chance. Instead, recruit the assistance of a seasoned VA disability lawyer.
VA values the facts when it comes to assigning a disability rating. Because this decision is based mainly on your medical information, your doctor’s cooperation is necessary. A VA disability lawyer can meet with your doctor directly to gather evidence to support your claim.
Aiding Decision Review Process
When you enter the decision review process, your claim will be put through more scrutiny than the first time around. This is because VA has already decided on it and will now have to decide whether there are grounds to overturn that decision.
A VA lawyer can help you navigate the decision review process, help you decide on which route to take, and file the necessary paperwork. They will represent you in any hearings or meetings with VA reviewers and advocate for your claim.
How George Sink, P.A. Can Help Disabled Veterans Maximize Their Benefits
Working with a veterans disability attorney at George Sink, P.A. can help you obtain the benefits you earned after a career of military service. We can assist you with every part of the VA application process and consult with medical experts to support your case for a 100 percent disability rating. We also can represent you during the appeals process. At all times, we will be available to answer your questions and find solutions that can help you live a better life.
Call us or contact us online now to arrange a free case evaluation. Learn more about how we’ve helped other disabled veterans!