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 the 100 percent rating. That’s where we can help.
George Sink, P.A. is a veteran-owned firm that has been in business for over 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.
Qualifying for 100 Percent VA Disability in West Virginia
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.
A key component impacting the rating is how much the conditions 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.
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.
- Temporary 100 percent disability.Veterans with conditions that require a hospitalization of at least 21 days or had surgery requiring at least 30 days of convalescence can be paid at the 100 percent rate for the duration of that time.
- Permanent and total (P&T) disability. A veteran qualifies for P&T when the VA recognizes that there is no chance for medical improvement and will require no future examinations. Some injuries automatically qualify as 100 percent permanently and totally disabling. Examples include the irreversible or loss of use of both hands, both feet, one hand and one foot and eyesight. Veterans who are fully unable to care for themselves also qualify for P&T.
West Virginia 100 Disabled Veteran Benefits
There are many benefits available if you have received a 100 percent rating. Among them:
Health care benefits
A 100 percent disability rating places you in Health Care Priority Group 1. In addition to 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.
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.
These could include free or reduced admission to athletic events and visits to state and national parks. Some states provide free hunting and fishing licenses to veterans as well.
How George Sink, P.A. Can Help Disabled Veterans Maximize Their Benefits in West Virginia
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, or help during a PTSD diagnosis. 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!