Receiving Dod Disability Retirement And Va Disability Benefits Concurrently
Under previous legislation and/or government program guidelines, veterans were not permitted to double dip by receiving full VA disability benefits and full military retirement pay. However, changes in the law and program guidelines have made the following applicable at the time of this writing:
- Military retirees who have 20 years of active military service and a 100% service-connected rating are entitled to full VA disability benefits and full military retirement.
- Retirees with at least 20 years of service and totally disabled with individual unemployability are allowed full VA disability benefits and full military retirement pay.
- Retirees with 20 years of service and a service-connected disability rating between 50-90% are eligible for full VA disability benefits and full military retirement pay.
- Veterans with 20 years of service OR a disability incurred in the line of duty AND a VA disability rating of at least 10% may be eligible to collect both.
Joe Wallace is a 13-year veteran of the United States Air Force and a former reporter for Air Force Television News.
Va Waiver Of Retirement
Traditionally, federal law prohibited concurrent receipt of both VA Disability and military retirement payments, which meant a retiree had to waive military retirement, dollar for dollar, to receive VA disability.
This waiver is now gone for a normal military retiree with a disability rating of 50% or higher., as a result of a 2003 federal law. 10 U.S. Code § 1414. This program is also known as Concurrent Retirement & Disability Pay, or CRDP, and the amount of retirement restored to retirees to negate the waiver is still reflected as CRDP on the Retiree Account Statement
NOTE – this relaxation of concurrent receipt only applies to retirees with at least 20 years of creditable service, pursuant to 10 U.S. Code § 1414. A military member who is medically retired with fewer than 20 years of service still waives retirement in return for disability.
How Special Monthly Compensation Can Supplement Your Va Disability Rating
We havent talked about Special Monthly Compensation yet. For veterans with severe disabilities, SMC supplements or replaces your monthly disability rating altogether. So if your disability qualified you for SMC-K, you will receive an additional $111 monthly payment. If you qualify for SMC-L through SMC-S, the Special Monthly Compensation rate will replace your regular payment. Dont worry, the new SMC amount will be a higher amount than what you were previously receiving. To learn more about eligibility, have a look at our extensive guide to Special Monthly Compensation.
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How To Get A 100% Va Rating The Three Ways To Reach 100%
There are three main paths to get a 100% combined VA rating:
- If the VAs fuzzy math calculation puts you at or above 95.00% or higher, the VA will round you up to 100%.
- One of your conditions might be rated at 100% out of the gate.
- If your disability renders you unable to maintain substantial gainful employment, you may receive the pay and benefits of a 100% VA ratingeven if your combined VA rating is below 100%. For example, a Vietnam veteran might have a 70% rating because they suffer from cancer due to Agent Orange. But if the chemotherapy treatments and hospitalizations make substantially gainful employment impossible, they may instead be deemed Unemployable, which is also known as Total Disability Individual Unemployability .
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The VA assigns a percentage rating in 10% increments to each medical claim. For example, if you have a knee injury, the VA will determine the severity of that injury . Your condition may render you 10% disabled all the way up to 100% disabled.
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How Does The Va Rate Disabilities
When it comes to service connected compensation claims, the VA takes the view that it should not add whole numbers together to get your rating but, instead, the VA takes percentages of percentages. It is as if the VA says if you are 10% disabled then you are 90% healthy. Therefore, the next rating is not added but is used to take a percentage of the healthy 90%. So for a veteran with two 10 ratings the first ten percent rating would be 10% of 100, which is 10%. The second ten percent rating would be 10% of the 90% , which is 9%. So the combined rating would be 19%. The percentages are all rounded up or down to the nearest ten percent. Here, the rating would be rounded to 20%.
The combined rating system starts to work against a veteran when he gets closer to 100%. It gets harder and harder to get that higher rating, especially once a veteran is over 50%. For instance, if a veteran has a ratings of 50% for PTSD, 50% for Sleep Apnea, a rating of 20% for diabetes and 20% for a back problem the combined rating is 80%. So even though 50+50+20+20 equals 140 in real math it is only 80 in VA math.
How Do I Determine My Va Disability Compensation
To determine your disability compensation, you need to file a claim with VA. The VA rates your disability by severity after reviewing every piece of evidence in your claim.
You may only receive compensation for a single diagnostic code per condition, even if that condition satisfies more than one diagnostic code. However, those with more than one condition may receive additional compensation based on the combined rating system.
You may receive additional compensation if:
- You have very severe disabilities or loss of limb
- you have a spouse, children, or dependent parents
- you have a seriously disabled spouse
Note: If you have more than one child or your spouse receives Aid and Attendance benefits , be sure to include the figures from the “Add” row.
Did you know: Veterans can use their disability income in conjunction with their VA loan benefits. Speak with a home loan specialist to see how much you can afford.
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How To Determine Your Monthly Va Disability Payment
To determine your monthly disability payment, navigate to the table below that fits your disability rating, marital and dependent status. Once you’re on the correct table, follow your rating across to your specific marital and dependent status.
If you have additional children or a spouse receiving Aid and Attendance benefits, you should include these figures from the added amounts table.
Jump directly to the tables here:
You may qualify for more depending on if your spouse receives Aid and Attendance benefits and the number of children you have. View the added amounts table here and how to calculate.
Have Additional Questions Contact The Legal Team At Chisholm Chisholm & Kilpatrick Ltd Today For A Free Consultation
The VA is not always correct when calculating disability ratings. If you believe your service-connected condition warrants a higher rating, speak with a veterans advocate at Chisholm Chisholm & Kilpatrick LTD. Our consultations are always free to determine if we are able to assist you with your VA disability case. Call us today: .
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How To Apply For Va Disability
- Discharge or separation papers such as DD214 or Guard/Reserve equivalent.
- Medical evidence including military medical records, civilian treatment records, etc.
- Vital records such as marriage and dependent birth certificates.
You can also apply via regular mail by filling out VA Form 21-526EZ, Application for Disability Compensation and Related Compensation Benefits. Call VA at 1-800-827-1000 to have the form sent to you.
Wondering How To Calculate Your Combined Va Rating
Find out for FREE using the BEST VA Disability Calculator around! Disabled veterans can use our #1 ranked VA Rating Calculator to instantly calculate their combined VA disability rating in a few simple steps. You’ll also be able to calculate your estimated monthly VA disability pay with dependents.
Your combined VA disability rating number is incredibly important.
It could be the difference between receiving thousands of dollars and millions of dollars.
Every service-connected disability will receive a rating of 0%, 10%, 20%, 30%, 40%, 50%, 60%, 70%, 80%, 90%, or 100%.
The higher your VA rating, the more benefits youll receive.
For example, a 10% VA rating is worth just under $150 per month, while a 100% VA rating can be worth more than $3,000 per month.
Your final rating depends on the severity of your disability: the impact it has on your work and life.
However, some disabilities by nature impact you more than others and therefore might garner higher ratings.
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Q2: I Have Moved Since The Last Time I Communicated With Vac How Can I Change My Address
If you are a registered user of My VAC Account, you can access your file and update your address as needed. If you are not a registered user of My VAC Account, you can register by going to veterans.gc.ca and accessing My VAC Account.
You can call 1-866-522-2122 to update your address information.
If you wish to submit your changes in writing, please send a letter, ensuring to include your name and signature, file or service number, your old and new addresses, and the effective date to:
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I Am Rated 40% By The Va For One Disability And 10% For Another Why Isnt My Overall Rating 50%
If a VA compensation claim results in a benefit approval, the VA will assign a disability rating. A VA benefit award can result in a combination of several disabilities, which are rated at different percentages.
For example, a veteran can have one rating of 40% for a back injury, a rating of 10% for tinnitus, and a rating of 20% for a knee injury. The combined rating is not the sum of the individual ratings. In this example, the combined rating is not 70% . Rather the combined rating is 60%.
The combined rating is based upon a series of calculations, which the VA describes as the efficiency to perform work factor. The calculations begin with sorting the individual rating percentages descending from the highest to the lowest rating. In the example under consideration, you sort the percentages descending from 40% to 20% to 10%. Then, subtract the highest from 100% .
When the VA establishes that the veteran is 40% disabled for the back injury, that veteran has a remaining efficiency to perform work at a 60% level. Then, looking at the example, the veteran is 20% disabled from the knee injury. The next calculation takes this efficiency into account. According to the VA, the veteran can only perform 20% times the 60% of the remaining efficiency, which is 12%. The VA adds this remaining efficiency rating to the first rating of 40%, which results in a combined rating of 52%.
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Va Disability Counts As Income For Child Support & Alimony
VA disability payments count as income for purposes of calculating child support and maintenance – the fact that they are tax-free payments means they are invisible to the IRS, but not invisible to other agencies or for other purposes.
In Rose v. Rose, 481 U.S. 619 , the U.S. Supreme Court found that VA disability payments were intended not just for the veteran, but as the law stated, to provide reasonable and adequate compensation for disabled veterans and their families.
From this, the Court concluded: “Congress clearly intended veterans’ disability benefits to be used, in part, for the support of veterans’ dependents. Although Rose concerned garnishment of VA disability payments, in that case the disability benefits comprised most of the obligor’s income considered by the state court. While the decision did not explicitly address the fact that the state court counted the disability as income, had the Court taken issue with counting it, the justices certainly had the opportunity to correct the state court.
In a 1991 decision, the Colorado Court of Appeals rejected a husbands argument that counting VA disability payments as income was effectively a backdoor, improper division of the disability payments themselves. In re: Marriage of Nevil, 809 P.2d 1122, 1123 . The Courts reasoning was:
How Do You Prove Service Connection For Back Pain
Documentation of an explosion, exposure to enemy fire, or even the date when you first complained of the pain to a medic or doctor can establish an event in service which may lead to qualifying for entitlement to service connection. Follow-up care in the VA after discharge can also help prove this connection.
What Does A 10 Disability Rating Mean
A 10% VA disability rating means your earning ability is only 90% of what it would be without the disability. However, 10% is the lowest compensable rating the VA assigns. Service-connected disability: By rating your disability, even at 10%, the VA has acknowledged that your disability is service connected.
What Factors Does The Va Take Into Account For Disability
To be eligible for VA disability benefits or compensation, you must:
- Have served on active duty, active duty for training or inactive duty training and have a current illness or injury that affects your mind or body.
Additionally, at least one of the following situations must be true:
- You got sick or injured while serving in the military and can link this condition to your illness or injury
- You had an illness or injury before you joined the militaryand serving made it worse
- You have a disability related to your active-duty service that didnt appear until after you separated from the military
- You have one of the VAs presumed disabilities:
- Chronic illness that appeared within one year of your discharge
- Illness caused by contact with contaminants or other hazardous materials
- Illness caused by time spent as a prisoner of war
When deciding on a disability claim, the VA considers the above eligibility requirements, as well as how your condition affects your daily life, activities and employability.
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Example Using The Bilateral Factor
Lets stick with the example profile from above, but lets add another knee disability, one on each leg. So, in total, were working with:
- 10% rating for right knee
- 10% for left knee
- 30% rating for a back injury
- 20% rating for right shoulder injury
- 10% for hearing loss.
The two knee injures would qualify for the bilateral factor.
The disability rating for each knee was 10%, but when combined, they equal 21%, according to the VAs Combined Rating Table. Here is how it works:
Q1: What Do I Need To Do To Get My Payment As Soon As Possible
If you received a Disability Award and are receiving other monthly Veterans Affairs Canada program benefits, or if you received a Disability Award payment within the last two years, you will automatically get a letter confirming the amount of your additional lump sum payment.
If you are a Canadian Armed Forces member/Veteran and received a Disability Award more than two years ago and are not currently receiving other monthly Veterans Affairs Canada program benefits, please update your address and banking information now by calling 1-866-522-2122 or through My VAC account.
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How Can I Be Sure They Rate My Disability Accurately
The best way to ensure that you receive the proper rating for your disability is to file a well-detailed claim backed up with solid evidence. Experts advise that when you apply, focus less on naming your condition than on listing all of your symptoms. The VA is obligated to follow-up on each symptom listed, and those symptoms may point to more or different conditions than you were aware of. This will help them assign the most accurate rating for your disability.
Also, be aware that if you are receiving compensation for a disability and that condition worsens, you can apply to have your claim evaluated for an increase in the disability rate. The VA emphasizes the importance of fully developing your claim.
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How To Increase Your Va Disability Rating
If you feel your VA rating does not accurately reflect the impact your service-connected disability has on your life, you can try to get the VA to increase your disability rating.
One way to do this is to file an appeal.
If youre still within a year of the VAs decision on your initial claim, you can file a Notice of Disagreement to kick off the formal appeal process. Youll use the Notice of Disagreement form to declare what you disagree with and indicate how youd like your appeal to proceed.
If you are outside of the one-year period for a notice of disagreement, you can file a new claim for an increased rating. Be sure to include any new evidence, medical opinions or documentation showing that your condition has worsened or is worse than the VA previously rated it
If your condition has worsened to the point that you can not work, you can file for TDIU, or total disability based on individual unemployability. When in doubt, you can always reach out to a Veterans Service Officer at a Veterans Service Organization. VSOs will help you with your claim free of charge.