2020 VA Disability Rates

June 24, 2020 by

The VA has increased the disability rates for veterans in 2020, but not by a considerable amount. The 1.6% increase is smaller than the one given in 2019 of 2.8%. The rate is a cost-of-living adjustment (COLA), and designed to keep up with inflation. The new disability rates went into effect on December 1, 2019.

2020 VA Disability Rates

The VA is required to keep up with and match the COLA adjustments that are made to Social Security benefits.

From 10% to 20%

Veterans at these ratings will receive:

  • At 10% disability, $142.29
  • At 20% disability, $281.27

Veterans with these ratings don’t receive additional compensation for children, parents, or a spouse who receives aid and assistance.

Veterans In Other Rating Brackets

The rest of the VA’s new disability payment schedule is available on their website.

For veterans over 30%, disability payments are calculated according to:

  • Status
  • Dependents, including:
    • Spouse
    • Children
    • Parents
  • More than one child under 18 or in a qualifying school program if over 18
  • A spouse who receives benefits for Aid & Assistance for daily activities, or “housebound” benefits

How Much Will I Receive?

The VA’s website offers a complete breakdown of the updated rates.

Determine your individual payment by starting with the basic rate for your status and rating, i.e., a veteran with no spouse or children. For instance, if you’re rated at 50%, without any qualifying dependents, i.e., spouse or children, your basic monthly payment is $893.43. Scroll down to the table with dependents, and a veteran with a spouse and 1 child that amount increases to $1,043.43 monthly. For a veteran with a child, a spouse, and two parents, the amount increases to $1,181.43.

Qualifying dependents include:

  • Minors, children under 18
  • Children who are still in school and between age 18 and 23
  • A Spouse
  • Parents who are also dependents

Once you’ve found the amount for your current living situation, you’ll be able to add up the amounts that you should receive and have an idea of what you’ll receive in monthly benefits.

Remember that your VA disability benefits are always tax-free.

What If I’m Under-Rated?

It’s possible that you are. If your condition has worsened, or you believe weren’t taken seriously the first time you were given a rating, maybe it’s time to consider requesting a review of your case. With the right documentation, you may be able to have your rating raised favorably.

If you are under-rated, it means you could be missing out on thousands of dollars in benefits that you’ve earned and are entitled to receive.

If you’re interested in a re-rating, seek assistance from a disability lawyer who understands the VA’s processes who will let you know what your chances are of an increase.

Get Help From A Houston VA Disability Attorney

Whether you’re ready to start your application, need help with an appeal, or want to investigate a case review, don’t try to face the VA alone. You do have the right to legal representation whether you’re starting your application, facing a hearing, or dealing with an appeal.

Call The Herren Law Firm in Houston at 713-682-8194 (or use our online contact form) to schedule your free consultation for VA disability benefits. Our contingency fee basis means you won’t owe a fee until we win your case, and there’s no obligation.

Filed Under: Veterans Disability Tagged With: , ,

Can I Receive Both SSDI And VA Benefits?

February 3, 2020 by

The short answer: yes, it is possible to have both. Neither SSDI nor VA disability is need-based, so you may be able to receive both. But there are a few things you need to know before you begin your application, and before you begin receiving benefits.

Can I Receive Both SSDI And VA Benefits?

Social Security Disability Insurance

This is a program that provides monthly disability payments to workers under 65 who have sufficient work credits and qualifying disabilities that prevent you from working.

Additionally, you can’t receive retirement and/or SSI benefits at the same time as SSDI. Once you reach retirement age and begin collecting Social Security, your SSDI will be discontinued.

However, SSDI is not affected by VA or DoD disability benefits.

VA Benefits

There is a difference between VA benefits and VA disability benefits.

VA disability benefits are based on the VA’s schedule of ratings that determine your amount of disability. You do not have to be totally disabled, you can also be partially disabled. Even a 0% rating acknowledges the presence of a service-connected condition that could later manifest and cause you to be at least partially disabled.

If you receive a VA pension, which is income and needs based, it can affect the amount you receive from SSDI, and vice-versa.

The Difference

One thing to remember is that Social Security and the VA are two separate governmental entities. Qualifying for VA disability benefits is not an automatic qualification for SSDI—you must apply for it separately.

Receiving VA disability benefits has no effect on an application for SSDI, and the SSA does not give weight to VA approvals for consideration of its own decisions. But since the SSA shares the medical database with both the VA and the DoD, they will have access to military and veteran medical records. These records may be used to expedite claims processing for vets with a 100% disability rating or “Wounded Warriors,” those who were injured on active duty after October 1, 2001.

However, if you are on SSDI, the VA is required to consider records that are used for approval of SSDA, and those medical records can provide valuable information for your VA claim.

You can apply for SSDI whenever your disability prevents you from working. You must be totally disabled in order to receive SSDI benefits.

However, for VA disability, you should apply as soon as you begin dealing with a service-connected disability condition. The VA awards benefits based on either partial or total disability.

The VA’s “Fast Track” Application Program

The unfortunate part of applying for any kind of governmental benefits is the time it takes before you begin receiving them. The VA has taken notice, and introduced the Fully Developed Claims (FDC) program, commonly called the “Fast Track.” The VA developed this program to help cut down on the backlog of applications that take years to complete.

The difference is that submitting an FDC will require you to do more of the preparation and “legwork” than you would if you were submitting a standard application. But submitting an FDC also qualifies you for retroactive benefits if you were disabled for a year before you submitted the application, and if it’s your first application.

The new application forms are all available at the VA’s website. You’ll need the VA Form 21-526EZ, Fully Developed Claim (Compensation) for disability compensation claims, which is a simpler, shorter application.

Legal Representation And Help For Disability Claims

If you’re applying for either SSDI or VA disability benefits, the process can be confusing. An incorrectly prepared claim for either or both can result in a denial. The time to get help is at the outset, to ensure that the application process is done correctly.

The Herren Law Firm has helped over 4,000 Houstonians get the benefits they deserve. Call us at (713) 682-8194 or (800) 529-7707 for a free consultation (or use our online contact form.) We’ll talk with you about your case and let you know how we can help. Our contingency fee arrangement means you won’t owe us anything unless we win your case.

Filed Under: Long Term Disability Tagged With: , ,

Organic Mental Disorders and Disability Benefits

December 20, 2019 by

You may be under the impression that if you have a mental disorder, you won’t be qualified for disability benefits. However, in many cases, you can. We’ve previously discussed disability for mental disorders. Most people think of mental disorders as depression, anxiety, bipolar, PTSD, OCD, and other mood disorders.

But an organic brain disorder is different, and unless you’ve been diagnosed with one, you might not understand what that means. Here, we’ll offer some understanding on the subject.

Organic Mental Disorders and Disability Benefits

What Is An Organic Mental Disorder?

This is a condition that’s differentiated from other mental health conditions due to the causes. While other mental disorders are considered to be chemical in nature, or a result of a person’s circumstances (such as the loss of a spouse or a job), organic mental disorders have a direct, physical cause. These can include:

  • Heredity
  • Traumatic brain injury
    • Concussion
    • Bleeding in the brain or into the space around the brain
    • Blood clot inside the skull that puts pressure on the brain
  • Strokes that cause dementia
  • Hypertension that causes a brain injury
  • Low oxygen or high carbon dioxide levels in the body
  • Withdrawal from alcohol and/or drugs
  • Effects from drugs and/or alcohol inebriation (however, not from the use of alcohol and/or drugs)
  • Infections, such as blood poisoning, encephalitis, meningitis
  • Other medical conditions such as cancer, kidney/liver disease, hypo or hyperthyroidism
  • Vitamin B deficiency (B1, B12, or folate)

Symptoms include:

  • Difficulty understanding spoken language, such as the inability to speak
  • Behavioral changes
  • Cognitive impairment
  • Confusion/disorientation
  • Dementia
  • Delirium
  • Amnesia
  • Personality changes
  • Hallucinations

Filing For Disability Benefits

It is possible to receive disability for organic mental disorders (also called Organic Brain Dysfunction) by submitting a complete listing of medical records, evidence, test results, and the date of the diagnosis. Additional testing that shows the rate of cognitive decline may also be required, such as an IQ test. While a low IQ doesn’t necessarily mean the patient has it, a drop in IQ from one test to the next is usually an indicator of an organic mental disorder.

Individuals with severe neurocognitive impairments may require assistance from a spouse or other family members who care for the individual. They should inform the patient’s attending physician about their problems and conditions so that everything is added to the medical records. The SSA may request information from the spouse or other family members about the patient’s condition.

The “Blue Book”

The SSA’s Disability Evaluation Schedule considers organic mental disorders to be neurocognitive disorders, and the criteria can be found under Section 12.02.

To prove your claim, you will need to satisfy the SSA requirements in A and B, or A and C:

    1. Provide medical documentation of a significant cognitive decline from a prior level of functioning in one or more of the cognitive areas:
      • Complex attention
      • Executive function
      • Learning and memory
      • Language
      • Perceptual-motor or
      • Social cognition

And:

    1. Extreme limitation of one, or marked limitation of two, of the following areas of mental functioning:
      • Understand remember or apply information
      • Interact with others
      • Concentrate persist or maintain pace
      • Adapt or manage oneself

OR

    1. Your mental disorder in this listing category is “serious and persistent;” that is, you have a medically documented history of the existence of the disorder over a period of at least 2 years, and there is evidence of both:
      • Medical treatment, mental health therapy, psychosocial support(s), or a highly structured setting(s) that is ongoing and that diminishes the symptoms and signs of your mental disorder and
      • Marginal adjustment, that is, you have minimal capacity to adapt to changes in your environment or to demands that are not already part of your daily life

If you need help filling out your application and compiling the records, get help from a Houston disability attorney with the knowledge and experience in disability law. Early assistance can save you time, money, and frustration in the long run.

Houston’s Disability Attorney For Mental Illness And Disorders

If you or a loved one have been denied disability payments for an organic mental disorder, we’re ready to help. Don’t give up on your claim—call us today.

The Herren Law Firm in Houston, TX can assist with your application, appeals and records gathering to prove your case, and win your claim. Contact us today at 713-682-8194 (or user our online contact form) to schedule your free consultation. There’s no obligation, and no up-front fees, and we only collect a fee if we win your case.

Filed Under: Long Term Disability Tagged With: , ,

What Is The VA Service-Connected Disability Rating System?

November 27, 2019 by

During the process of applying for your VA disability benefits, you may have heard about the VA’s rating system.  The VA Schedule of Ratings Disabilities (VASRD) is a system that the VA uses to determine a veteran’s percentage of disability. The percentage determines how much a disability decreases your ability to function as well as your overall health. It’s a fair and consistent system for compensating disabled veterans for the same condition.

What Is The VA Service-Connected Disability Rating System?

How It Works

Your first step is to assemble your claim and submit it to the VA. Once the VA determines that your disability is service-connected, they assign you a rating.  These ratings are based on the impact of your earning capacity in civilian occupations. The rating is used to determine the amount of disability compensation paid to you monthly to compensate you for the loss of earning capacity due to your service.

The VA uses medical information you supply in your claim. This can include military and civilian medical records, as well as things like test results. Also used are findings from a VA Claim Exam (also called “compensation and pension” or “C&P” exam) and any other information the VA gathers, such as from federal agencies. The VA issues ratings in even, 10% increments from 0% to 100%. Multiple ratings are added and rounded to the nearest 10% (up or down) using the criteria set out in the VASRD.

Different conditions have different ratings, based on their severity. If you have more than one disabling condition, the VA uses their Combined Ratings Table to help determine your percentage of disability. This means that if your different conditions have percentages that add up to 100% or more, your final, rounded percentage will not be equal to 100% or more.

What If I’m Rated At 0%?

This means that although you have a condition, it doesn’t affect your ability to function. You won’t receive any disability payments, but you may still qualify for priority health care as well as other VA benefits. More than one 0% disability rating for different conditions may give you a 10% rating.

However, even with a 0% rating, you have established that your condition exists, and that it’s service connected. It is a “foot in the door” for later.  Should your condition worsen to the point of disability, you can file a claim to increase your rating.

You may also be eligible for outpatient dental care and more affordable life insurance within the first two years of your rating. There may also be state benefits available for veterans at 0%.

Confused About The VA’s Rating System? Herren Law Understands It

If you’re not sure what the rating system means to you, don’t try to decipher it yourself. William Herren is a Houston disability attorney who has been helping veterans through the VA’s system for more than 30 years. We understand how the VA works, the VASRD, and how to get your claim through their process as efficiently as possible to give you the best chance of approval.

Call The Herren Law Firm today at 713-682-8194 (or use our online contact form) to schedule your free consultation. There’s no obligation, and we’ll take your case on a contingency fee basis, with no up-front charges.

Filed Under: Veterans Disability Tagged With: ,
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