If your service-connected conditions are not expected to improve, you may be eligible for Permanent and Total Disability VA Benefits. This page give veterans tips, tricks, and advice for veterans wishing to obtain Permanent and Total Disability VA Benefits.
About Permanent and Total Disability VA Benefits
If you are approved for VA Benefits, the Veterans Administration is going to give you a disability rating. If the Veterans Administration finds that your mental and physical conditions have no way of improving, they will give you a permanent rating. If you do not have a permanent rating, the VA has the ability to review your rating from time-to-time and could possibly lower your rating.
However, just because you don’t have the “permanent” rating, doesn’t mean the VA will automatically review your VA Disability rating – the VA is inconsistent. That probably doesn’t come as a shock to you.
FAQ: Permanent and Total Disability VA Benefits
How long does it take to get a Permanent and Total Disability VA Benefits rating? That depends. Some veterans get their Permanent and Total rating fairly quickly. Other veterans may wait years to get their Permanent and Total rating. The veterans disability timeline can be inconsistent. Disabled veterans who are applying or appealing need to be patient – the VA system is slow. Even if you get your claim expedited, the process does not happen quickly.
Can I get a Permanent and Total Disability VA Benefits rating for mental conditions? Yes. Veterans can receive a Permanent and Total rating for mental conditions. Many veterans receive a Permanent and Total rating for PTSD, schizophrenia, anxiety, depression, and more. If you are able to show your service-connected mental condition will not improve, you may be eligible for a Permanent and Total rating.
Can I get a Permanent and Total Disability VA Benefits rating for physical conditions? Yes. Many veterans receive Permanent and Total ratings for physical conditions. Some of the most common service-connected physical conditions are back pain, cancer, diabetes, fibromyalgia, heart disease, hypertension, mesothelioma, prostate cancer, sleep apnea, thyroid disorders, and traumatic brain injuries. You will need to show the Veterans Administration that your service-connected physical disability is not going to improve.
How much do Permanent and Total Disability VA Benefits pay monthly? Veterans who obtain a Permanent and Total 100% VA Disability rating will receive over $2,900 a month from the VA. You may also be eligible for Special Monthly Compensation. That is money for living assistance. Some veterans can also receive monthly payments for dependent children and parents. When claims are approved, some veterans will also receive a VA Disability retroactive payment as well.
What if I applied for my Permanent and Total Disability VA Benefits rating years ago and never heard back? Believe it or not, sometimes the VA does forget to issue veterans their VA Disability Rating Decision letter and they never adjudicate the claim. That could mean you have an open claim that potentially could be accruing benefits. There have been veterans that end up having years of missing back pay.
What if I receive my Permanent and Total Disability VA Benefits rating but I disagree with my effective date? If you are happy with your rating but think you are owed more back pay, you may want to consider filing an earlier effective date claim. Veterans who file successful earlier effective date claims can recoup missing back pay. These types of claims should only be filed if your solely disagree with your effective date.
About Individual Unemployability Benefits
Lots of veterans cannot work from service-connected disabilities – you are not alone. Veterans who have both mental and physical conditions from service are particularly unemployable. The combination of both mental and physical conditions can prevent you from obtaining meaningful employment. Total Disability Individual Unemployability (TDIU) Benefits are specifically designed to help veterans who can no longer work.
We warn you: trying to get TDIU Benefits on your own can be very difficult. The Veterans Administration has very strict laws on eligibility and process. That means you cannot miss deadlines and you are going to have to know VA Disability law. The VA is not going to offer much assistance when you are applying for Individual Unemployability benefits.
FAQ: Permanent and Total Disability VA Benefits Appeals and Denials
How long do I have to appeal my Permanent and Total Disability VA Benefits claim? Veterans can file a VA Benefits appeal for one year after the date the VA made your decision. Your appeal period will be on the Rating Decision you receive from the VA. If you let your appeal period collapse, you can file a new claim and start the initial application process over from the beginning.
What if my Permanent and Total Disability VA Benefits claim was denied years ago? Here’s a little veterans benefits secret: you can file as many claims as you want. For example, suppose you filed your Permanent and Total rating claim three years ago and were denied two years ago. You can now file a new Permanent and Total rating claim.
What should I do if I my Permanent and Total Disability VA Benefits rating was recently denied? If you were denied with the twelve month appeal period, it is time to begin the VA Benefits appeal process. Some veterans are also able to file Clear and Unmistakable Error (CUE) claims if there was a glaring error with your decision. However, CUE claims can be hard to win so most veterans want to go through the traditional appeal process.
What about my missing Permanent and Total Disability VA Benefits payments? If your Permanent and Total rating appeal is successful, you should receive your VA Disability back pay. You should receive your back pay in a lump sum check and it should recoup all your missing benefits. Some veterans will receive a substantial amount of back pay. For example, just two years of missing back pay at a 100% VA disability rating is a whopping $69,763.92.
Steps To Take For Permanent and Total Disability VA Benefits Denials
Step One: File your Notice of Disagreement. Filing a Notice of Disagreement lets the VA know you intend to appeal their decision. This is the very first step of the appeal process and will end the one year limit to filing your appeal – your appeal has now begun.
Step Two: Get evidence to bolster your claim. Many veterans have their VA Disability denied because they didn’t submit great evidence. Evidence of your mental and physical conditions is crucial to your Permanent and Total rating claim. As with any area of law, evidence is the key to winning. The better evidence you provide, the more likely you are to obtain your Permanent and Total rating on your appeal.
Step Three: Get reports from medical professionals. Our VA disability compensation lawyers often work with vocational experts to show how our clients can’t work from service-connected disabilities. We also recommend working with doctors outside the VA to obtain medical reports. Sometimes we even obtain reports from psychologists. These reports and experts can really make or break a Permanent and Total rating claim.
Step Four: Learn about the different phases of an appeal. We want you to know that there are many phases to a Permanent and Total rating appeal. You will need to learn about your Form-9, the Statement of the Case (SOC), and Supplemental Statement of the Case (SSOC). If your Board of Veterans Appeal (BVA) claim is not successful, you may be eligible to take your claim to the CAVC.
Permanent and Total Disability VA Benefits Pay Some Veterans Over $2,900 a Month
Permanent and Total Disability VA Benefits pay lots of veterans over $2,900 a month. If you receive Permanent and Total Disability VA Benefits you may also be able to get monthly compensation for dependent children and parents.
If you have been told by a worker at the VA you are not eligible, you should still apply. If you have been denied, you can file a TDIU Benefit appeal. If you deserve Permanent and Total Disability VA Benefits, don’t give up. Many veterans are denied or wrongly told they don’t deserve Permanent and Total Disability VA Benefits.
Many of the clients of Woods & Woods VA Disability Benefits Attorneys also receive back pay when their claim is approved. This is the money the VA should have been paying you – which dates back to your effective date. That is not necessarily the date you applied. Many veterans find their effective dates were years before they ever applied.
Free Help Applying for Permanent and Total Disability VA Benefits
Not sure where to start the Permanent and Total Disability VA Benefits process? Woods & Woods can help. We never charge for help with the Permanent and Total Disability VA Benefits application process. Give us a call and ask all the questions you have about Permanent and Total Disability VA Benefits – we’ll answer them for free. Get help now by filing out the contact form or call toll-free (866) 232-5777.