Total disability ratings, or 100 percent disability ratings, from the Department of Veterans Affairs (VA) are often confusing to veterans, particularly because they are unsure if they can work after receiving this rating.
The Savannah veterans’ disability attorneys of The Nye Law Group have put together a helpful guide to 100 percent VA disability ratings. The guide explains the different types of total disability ratings and when you can work if you have received one of these ratings.
If you are struggling to obtain the benefits you are entitled, our experienced VA disability lawyers may be able to help you. Contact us today for a free, no obligation legal consultation.
WHAT IS A 100 PERCENT VA DISABILITY RATING?
Your disability rating is the percentage the VA assigns to your disability when determining eligibility for various VA benefits. Your rating can range from 0 to 100 percent in 10 percent increments.
There are several different types of 100 percent VA disability ratings, according to Department of Veterans Affairs Code § 3.340:
These are disabilities caused by injuries that occurred or were aggravated during your service.
If you receive a 100 percent disability rating for one service-connected disability, or a combination of these disabilities, you are still able to work full time without disrupting your benefits.
TOTAL DISABILITY/INDIVIDUAL UNEMPLOYABILITY
Total disability/individual unemployability (TDIU) is a disability rating that may be granted if a veteran’s claim asserts that he or she be paid benefits at the 100 percent disabled rates, even though the disability or disabilities rate below 100 percent.
These claims can be made by a veteran if a service-connected disability prevents him or her from maintaining gainful employment.
To qualify, a veteran must:
- Have a single disability with a rating of 60 percent or a single disability with a rating of 40 percent, paired with additional disabilities equaling a rating of 70 percent or more
- Medical documentation establishing why the veteran cannot work in physical and sedentary jobs
In some cases, a veteran may receive a TDIU rating when the percentage criteria are not met. This would occur when the veteran’s disabilities create an obvious hindrance to his or her ability to hold gainful employment.
If a veteran is granted 100 percent TDUI disability rating, he or she is not permitted to work full time. Marginal or part-time employment is permitted, but there is a limit to how much income can be earned each year without affecting benefits.
TEMPORARY 100 PERCENT DISABILITY RATING
Veterans may qualify for a temporary 100 percent disability rating if:
They have been hospitalized for a service-connected disability for 21 days or more
They have undergone surgery for a service-connected disability that requires a recovery period of at least 30 days
When the temporary 100 percent disability rating is granted, the VA pays benefits at the 100 percent rate for the period the veteran is hospitalized or throughout the recovery period.
PERMANENT AND TOTAL
When a veteran’s service-connected disabilities show no likelihood of improvement and the veteran is expected to stay at a 100 percent disability rating without future reevaluation, the VA may grant the permanent and total disability rating.
Veterans often request this rating because it provides education benefits for their dependents, including fees for tests, licenses, certifications and on-the-job training.
CONTACT OUR SAVANNAH VETERANS’ DISABILITY LAWYERS NOW
The veterans’ disability attorneys at The Nye Law Group can help manage every aspect of your disability claim to help ensure you receive the benefits you deserve.
Contact us to schedule a free, no-obligation consultation with our team of lawyers today. We work on contingency, so you will owe legal fees only if we are able to recover compensation.
Call 855-856-4212 or fill out a Free Case Evaluation form today to set up your free consultation.