This article explains how veterans get a 100% Permanent and Total PTSD rating on their VA disability benefits claims. If you are currently unable to obtain a 100% rating or need help applying for a 100% P&T PTSD rating, reach out to us for help. There is never a fee to talk to us about your ability to obtain a 100% Permanent and Total PTSD rating. Our veterans benefits lawyers have helped thousands of veterans with PTSD get the benefits they deserve. Click here to start your free VA claim evaluation.
About 100% PTSD Disability Benefits Ratings
First, we want you to understand that obtaining a 100% VA disability rating for PTSD alone is very hard to do. We see very few veterans obtain a 100% rating for PTSD alone. Generally, the veterans we see obtain a 100% rating for PTSD alone spend large amounts of their time in mental hospitals. Many veterans with PTSD are paid at the 100% rate because of combined ratings or Individual Unemployability benefits, which we cover later in this article. Below are the VA’s requirements to obtain a 100% rating for PTSD.
Total occupational and social impairment, due to such symptoms as:
- gross impairment in thought processes or communication
- persistent delusions or hallucinations
- grossly inappropriate behavior
- persistent danger of hurting self or others
- intermittent inability to perform activities of daily living (including maintenance of minimal personal hygiene)
- disorientation to time or place
- memory loss for names of close relatives, own occupation, or own name
Generally, when we see clients obtain a 100% rating it is for a combination of both mental and physical conditions. When potential clients first contact us, our veterans disability benefits lawyers often see vets obtain ratings that are too low because they don’t understand how to service-connect secondary conditions. PTSD is connected to lots of physical and other mental conditions. The way we generally help veterans obtain a 100% rating is by connecting all their impairments to their service, the same PTSD stressor, or the same injury.
Remember, the VA is going to consider both your mental and physical conditions when you receive a VA disability rating. Those impairment’s ratings are added up under the Combined Ratings Table to give veterans their total rating. The more conditions you have, the more likely you are going to receive a higher VA disability rating. The other factor that improves veterans’ ratings is the severity of their conditions. The more severe your conditions are, the higher the rating you will receive.
How to Obtain Permanent and Total (P&T) Ratings
Once again, we want to start this section with a disclaimer. The VA does not hand out 100% P&T PTSD ratings left and right. You will only earn a 100% P&T PTSD rating if you truly deserve it. Permanent and Total ratings are given to veterans if their medical evidence shows that it is reasonably certain their conditions will not improve during their lifetime.
Younger veterans will find obtaining a 100% Permanent and Total PTSD rating is difficult. If you are under 55, the VA is less likely to grant a 100% Permanent and Total PTSD rating. The VA feels that many veterans with PTSD will heal some with treatment. If you are treating for PTSD, we highly encourage you to save all your medical records. If you treat for PTSD for years and your condition does not improve, you could be considered for a Permanent and Total PTSD rating.
There are certain combinations of injuries that render many veterans eligible to receive a Permanent and Total rating. If a veteran has injuries to both hands or both feet, they are more likely to receive a Permanent and Total rating. Veterans with injuries to one hand and one foot are more likely to obtain a Permanent and Total rating as well. Eye injuries and sight problems are often eligible for a Permanent and Total rating. Veterans that have become bedridden or permanently helpless are also considered for a Permanent and Total rating.
How to Establish Your 100% Permanent and Total PTSD Rating
First, get ready for a long battle with the VA. Your initial application for a 100% Permanent and Total PTSD rating is likely to be denied. The other scenario many veterans face is a low-rating or incorrect VA disability rating for PTSD. All three of these instances will take you into the appeal process. There is a section in this article dedicated to 100% P&T PTSD rating appeals and denials.
Three things you are going to have to prove to the VA for a 100% Permanent and Total PTSD rating:
- That your PTSD is service-connected.
When applying for a 100% P&T PTSD rating, you want to show the VA through evidence that first, you have a service-connected condition. You are going to need to prove that your PTSD is service-connected through a stressor event. This can include events such as a rape in the military, an IED in Iraq, an enemy ambush in Vietnam, seeing a service member killed in basic training, etc. There are lots of different stressors that the VA will accept for your 100% Permanent and Total PTSD rating.
- That your PTSD affects your life at the 100% rating.
You want to prove to the VA through evidence that you are eligible for a 100% P&T PTSD rating. You can do so through statements about your daily life. You can submit lay statements from friends and family to detail your daily activities, breakdowns, unusual habits, fears, etc. If you have a gross impairment in thought processes or communication, persistent delusions or hallucinations, grossly inappropriate behavior, tell the VA about it. If you are ever in persistent danger of hurting yourself or others, talk about that in your brief. To obtain a 100% P&T PTSD rating you should also cover disorientation in time and place and memory loss if you have those issues.
- That your PTSD is not expected to improve during your lifetime.
This is a major hurdle to obtaining a 100% Permanent and Total PTSD rating. Many mental conditions, including PTSD, do improve over time with treatment. If you are a veteran that has treated for PTSD for many years and have not seen any improvement, your chances of obtaining a 100% P&T PTSD rating will increase. If you have years of PTSD medical treatment records, submit those to the VA with your claim. You can submit medical records, treatment records, reports from psychologists and doctors, and other evidence that proves a long history of PTSD treatment.
Frequently Asked Questions: 100% P&T PTSD VA Benefits
Q: What are 100% Permanent and Total (P&T) ratings?
A: 100% Permanent and Total ratings are for veterans with disabilities totaling 100% that have conditions that are not expected to improve.
Who is eligible for a 100% Permanent and Total PTSD rating?
A: Veterans that have severe PTSD that is not expected to improve over the course of their lifetime may be eligible for a 100% Permanent and Total PTSD rating.
Q: What if I was denied a 100% Permanent and Total PTSD rating?
A: If you were denied a 100% P&T PTSD rating you have one year to appeal from the date on your VA disability Rating Decision letter. If you have waited longer than one year to appeal for a 100% P&T PTSD rating, you can file a new claim.
Q: Will I have to take my claim to the BVA to obtain a 100% P&T PTSD rating?
A: If you are denied a 100% P&T PTSD rating, your best bet is to appeal and get your claim headed to the Board of Veterans Appeals (BVA). Our lawyers like the BVA because we find the panel of judges to understand VA law better than bureaucrats during the application process.
Q: If my appeal for a 100% P&T PTSD rating is approved, will I get back pay?
A: If you appeal a 100% P&T PTSD rating denial and win, you should receive a check from the VA covering your missing back pay. These are the benefits you would have been receiving had your 100% P&T PTSD rating claim been approved in the first place.
Q: Should I hire a lawyer to receive my 100%P&T PTSD rating?
A: We can’t stress how important it is to work with a VA disability lawyer if your 100% Permanent and Total PTSD rating was denied. VA law is much more complex than most veterans realize. A large number of our clients come to us after being denied several times. Many of them used free veterans service organizations. At Woods & Woods, we use our firm’s resources to get the evidence veterans need. We often hire doctors, psychologists, vocational experts, and other medical professionals to help clients win their claims.
Q: Can I afford a lawyer to get a 100% Permanent and Total PTSD rating?
A: Yes. Woods & Woods VA disability compensation lawyers will never ask for money upfront. We only charge a fee if you win your appeal. Our fee is 20% of back pay and case expenses. We will never touch your future benefits. If your appeal is not successful, you don’t pay our lawyers a penny.
Q: What roadblocks should I expect when trying to get a 100 P&T PTSD rating?
A: There’s going to be lots of roadblocks. The biggest roadblock is the VA itself. The claims agents are horribly inconsistent. One VARO may approve one veteran and another VARO may deny a veteran with the same conditions and facts. We see Ratings Decisions come from the VA that are missing conditions. We have even seen the VA send veterans someone else’s Rating Decision. Another common mistake we see is the VA will rate the wrong foot or hand in a Rating Decision.
Q: Can I work if I have a 100% Permanent and Total PTSD rating?
A: Yes. Veterans that obtain a 100% Permanent and Total PTSD rating can work while receiving benefits. The confusion over this issue is due to Individual Unemployability benefits, which are covered later in this article. The difference between a 100% rating and Individual Unemployability is the employability factor. Veterans that obtain a 100% P&T PTSD rating get that rating because of their conditions alone. Veterans that obtain Individual Unemployability got their rating partially because of their inability to work. There are VA Unemployability income limits. Veterans with Individual Unemployability can work, but it has to be very limited with accommodations.
100% Permanent and Total PTSD Rating Appeals and Denials
If you are denied only a 100% rating: If you were denied a 100% PTSD rating, our VA benefits appeals lawyers may be able to help. The law allows lawyers to help veterans appeal denials and appeal for ratings increases. Woods & Woods has worked for thousands of veterans with PTSD.
If you are denied only a Permanent and Total rating: If you received a 100% rating but were denied for only your Permanent and Total rating, I regret to inform you our VA disability denial lawyers cannot help. Unfortunately there is no way for our firm to represent veterans for only being denied their Permanent and Total rating. You can appeal the VA’s decision on your own fairly simply if you are only going after the P&T rating.
If you were denied both a P&T rating and a 100% PTSD rating: If you were denied both your P&T rating and your 100% PTSD rating, then our veterans benefits lawyers may be able to help. Once again, the law allows VA disability lawyers to help veterans appeal denials and appeal for ratings increases.
Help For Vets That Can’t Work & Can’t Reach a 100% PTSD Rating
Veterans that can’t work from service-connected disabilities, may be eligible to receive Total Disability Individual Unemployability benefits. Eligible veterans will be paid at the 100% rate but are not required to obtain a 100% rating. If you are continually denied your 100% Permanent and Total PTSD rating and can’t work, this may be an alternative route for your claim.
Veterans that obtain an Individual Unemployability rating instead of a 100% P&T PTSD rating can work, just not much. There are income limits if you obtain Individual Unemployability benefits. Veterans with accommodations at work are often eligible. However, we want to stress if you are working, it can be hard to obtain Individual Unemployability benefits.
The Individual Unemployability lawyers at Woods & Woods can assist if you are not currently working. Our law firm is dedicated to helping those veterans who we feel need immediate assistance. Our law firm often accepts clients based upon a needs basis. Our goal is to help those veterans who can’t put food on the table for their families. We have partner law firms nationwide to help veterans with a wide-array of claims. Woods & Woods wants to help as many veterans as we can.
Talk to Our VA Disability Lawyers About Your 100% P&T PTSD Benefits Claim
Free Legal Consultation
Need help with your 100% P&T PTSD rating claim? Give the PTSD veterans disability benefits lawyers at Woods & Woods a call. There is never a fee for a legal consultation about your 100% P&T PTSD rating claim. We can discuss your 100% P&T PTSD rating claim see what legal avenues are available to you. There is never an obligation to hire Woods & Woods just because you gave us a call about your 100% P&T PTSD rating claim.
Get Help Applying
Not sure where to begin your 100% Permanent and Total PTSD rating application? Give us a call. Woods & Woods will never charge for help with your 100% Permanent and Total PTSD rating application. We’ve helped thousands of veterans apply for benefits at no cost. Some veterans obtain a 100% Permanent and Total PTSD rating on their initial application. If you do, congratulations! You don’t owe us a penny for our help. If you’re unhappy with your rating, you have the option to hire our veterans disability lawyers for the appeal process.
Get Help Appealing
If you are denied your 100% Permanent and Total PTSD rating or rated too low, you have the option to appeal. The veterans disability lawyers at Woods & Woods only charge if your appeal is successful. We have represented many veterans seeking a 100% Permanent and Total PTSD rating.
When you hire Woods & Woods, you’ll get an experienced VA-certified disability attorney. Since 1985, Woods & Woods has successfully represented thousands of disabled veterans. We are nationally recognized as a leader in the VA disability law field. Our lawyers regularly teach at national conferences. We have even taught other law firms how to represent disable veterans.