Should I Appeal My 90 Percent VA Disability Rating?

This article covers all the pros and cons of appealing a 90 percent VA disability rating for a 100% rating. We’ll also cover an alternative to appealing for a 100% rating, Individual Unemployability benefits. Veterans with a 90 percent VA disability rating have options to increase their ratings.

If you have more questions after reading through the information below, feel free to reach out to Woods & Woods. Our VA disability benefits lawyers offer free legal consultations. Click here to get help!

 

Pros: Appealing a 90 Percent VA Disability Rating

• If your 90 percent VA disability rating appeal is successful, your pay will be increased by over $1,000 per month.
• Veterans that obtain a 100% VA disability rating obtain special benefits like college benefits for their children.
• Veterans have two ways to get a rating higher than 90% VA disability rating: TDIU benefits or a 100% rating.
• While appealing can be complex, with proper evidence you can win.

 

Cons: Appealing a 90 Percent VA Disability Rating

• The VA disability appeal timeline is lengthy and veterans get frustrated by the time a claim takes.
• The VA disability appeals process is complex and confusing to veterans.
• The VA can reduce your rating if you appeal. But don’t worry, you can appeal that decision too.
• Getting the right evidence can be hard for disabled veterans. Doctors reports, psychologists reports, vocational expert reports, oncologists reports, and more are often needed to win an appeal.
• Finding experienced and competent free veterans legal services is nearly impossible.

 

Frequently Asked Questions: 90 Percent VA Disability Ratings

What does a 90 percent VA Disability rating pay monthly?
The Veterans Administration will pay $1,783.68 monthly to veterans who are eligible. There is also extra monthly compensation available to veterans who have dependent children and parents. If you are approved at a 90% rating, you may also be eligible to receive backpay.

Is it hard to get a 90 percent VA Disability rating?
Some veterans have a clear cut case where there is no question they deserve a 90% rating. For other veterans, you are going to have to jump through hoops to obtain a 90% rating from the VA. There is no quota of 90% ratings the VA must handout. Each VA claim is decided on a case-by-case basis. Your case will be decided solely upon the merits of your claim.

What are my chances of getting a 90 percent VA Disability rating?
If you provide relevant medical evidence, meet the numerous deadlines, do excellent legal research, and correctly fill out all the paper work you chances will increase. Many veterans lose their claim because they did not provide evidence to prove they deserve a 90% rating.

What if I think I deserve a 90 percent VA Disability rating and was denied?
If you were denied a 90% rating within the last one year, you may be able to appeal the VA’s bad decision. If you denied over a year ago, you can re-apply for your 90% rating. You can apply for VA Disability benefits as many times as you like; there is no limit.

What if I was denied a rating increase over a year ago?
If you were denied a VA rating increase over one year ago and your disabilities have worsened, you can file an Increased Rating claim. These claims are different from appeals. You file an appeal when you disagree with a decision that was issued within the last one year. An Increased Rating claim’s goal is to prove to the VA that your disabilities are worse than they were when your last Rating Decision letter was issued.

Can I afford a lawyer to help my appeal my 90% rating?
Woods and Woods never charges a penny unless we win your claim. Our fee is a percentage of your backpay and case expenses. If you lose your  VA disability claim, you owe us nothing. Woods and Woods veterans disability lawyers never bills by the hour or asks for money upfront. We never charge for phone calls.

 

Should I Really be Receiving a 100 Percent Rating?

Here’s one of the biggest secrets in VA law: many veterans with a 90% rating should actually be receiving a 100% VA disability rating. The VA may have incorrectly rated many veterans with a 90% rating. Did you know the difference between a 90% rating and a 100% rating is over $1,000 a month?

Veterans that are rated 90 percent may consider submitting a new application or appealing their rating decision. The difference between 90% and 100% disability ratings is over $1,000 a month. However, you should only re-apply or appeal if you are truly deserve the increase in VA disability ratings.

 

Can I Get TDIU Benefits With a 90% VA Disability Rating?

Yes! Veterans who are receiving 90% VA disability rating may be entitled to Total Disability Individual Unemployability (TDIU) benefits.TDIU benefits are for veterans that can no longer work from service-connected disabilities. If you have trouble keeping a job or finding one, you could receive TDIU benefits from the Veterans Administration.

There is a difference between a 100 percent rating and Individual Unemployability benefits even though they pay the same. Veterans can receive only one payment at a time.

Many veterans with 90% VA disability ratings are going to have trouble with the jump to a 100% VA rating. Even though it is only 10%, it is the hardest 10% to get in VA disability benefits. However, the VA recognizes that even though some veterans can’t obtain a 100% rating, their conditions do prevent them from working. In other words, your conditions don’t reach a 100% rating on the Combined Ratings Table, but you are just as unemployable as someone with a 100% rating.

Veterans with a 90% VA disability rating are eligible under the VA unemployability requirements. TDIU benefits are available for both mental and physical impairments. The VA is going to consider how your mental and physical impairments prevent you from working. Some veterans can even work while receiving TDIU benefits if they make under the VA unemployability income requirements.

Attorney Neil Woods explains the difference between a 100% rating and TDIU benefits:

 

Should I Appeal My 90 Percent VA Disability Rating?

Maybe. Many veterans who are receiving a 90 percent VA disability rating should be receiving a 100 percent VA disability rating. The Veterans Administration often incorrectly rates veterans.  Veterans with a 90 percent VA disability rating will receive $1,783.68 while vets with a 100% rating will receive $2,978.86. If you were incorrectly rated years ago, you could have lots of missing backpay you are owed. Some veterans find they have many years of missing backpay and it could amount to a substantial amount. We highly suggest you contact a veterans disability attorney to find out if you have years of missing backpay.

You may also want to see if any laws have changed since your last Rating Decision. Occasionally the VA will update the way it rates certain impairments. Sometimes those law changes can benefit veterans.

If you do appeal your 90 percent VA disability rating for a 100 percent rating or TDIU, be prepared for a lengthy appeal. The VA is currently celebrating because the backlog of appeals dipped by 28,000 claims to nearly 450,000 outstanding appeals. The VA also has been ordering unwarranted examinations, so be prepared for that possibility.

 

Get the VA Disability Benefits Help You Deserve

Woods and Woods has teams of lawyers, doctors, paralegals, psychologists, experts, and case managers ready to help you win your VA disability benefits claim. We were founded in 1985 to fight for injured and disabled people. Today, our VA-certified disability attorneys have helped thousands of veterans appeal bad VA decisions.

Woods and Woods law firm is dedicated to representing disabled veterans nationwide. It doesn’t matter where you live, we can fight the VA for you.

Woods & Woods offers help with your application at no cost. Our law firm has helped thousands of veterans receive VA disability benefits for free during the application process alone. If your application is denied, you have the option to hire us for your appeal.

You can start the process of appealing your 90 percent VA disability rating by giving us a call. Our VA disability compensation lawyers offer free legal consultations to any veteran, spouse, or caretaker that needs assistance. We can take a look at your claim and figure out what is the next step you should take. Ask all the questions you have and we’ll answer them. Learn your rights as a disabled veteran.

Click here to start your free VA claim evaluation.