The VA disability rating system determines your benefits based on your service connected disabilities. You can work with a VA disability rating of 100% permanent and total disability. Some employed disabled veterans may risk bumping into income restrictions or jeopardizing their status.
If you have questions about your VA disability benefits, contact the Disability Law Group. We fight for the rights of those in need. Call us today for a free consultation.
How Is My Disability Rating Determined?
The VA assigns disability ratings based on the severity of service connected disabilities. Here’s a breakdown of how it works:
- The VA carefully reviews medical evidence and service records to determine if the rating accurately reflects the extent of the disability’s effect on the veteran.
- After examining the evidence, the VA quantifies the severity of the disability on a percentage scale from zero to 100, with higher percentages for more severe impairments.
- Veterans with higher VA disability ratings receive more substantial VA disability benefits to provide financial support commensurate with the severity of the disability.
- Certain disabilities receive protected VA ratings, which prevent their downgrade after a specific period to ensure that veterans with permanent impairments receive consistent financial assistance over time.
Collecting the necessary documentation for a VA disability rating evaluation is time-consuming and requires meticulous attention to detail. The more information you provide, the more accurate the VA’s picture of your limitations from a service connected disability will be.
A disability lawyer can compile this documentation, which includes:
- Comprehensive medical records detailing the diagnosis, treatment history, and current status of the disability are crucial.
- The veteran’s military service, including service treatment and personnel records, can establish the connection between the disability and the veteran’s time in service. It provides crucial evidence of when and how the disability occurred or worsened during military duty.
- Compensation and Pension (C&P) medical examinations by VA healthcare professionals can evaluate the individual to determine the current severity of the disability, its impact on daily functioning, and any related symptoms.
- Statements from family members, friends, or fellow service members (known as buddy statements) can provide additional insight into the veteran’s condition, especially when corroborating details not fully captured in medical records.
What Is a 100% Permanent and Total Disability Rating?
A 100% permanent and total disability rating means that the veteran’s disability is completely disabling and not expected to improve. It is the highest level of disability and qualifies for the maximum amount of VA disability benefits. Here are some examples of what the VA considers a 100% permanent and total disability rating (this is not an exhaustive list):
- Total and irreversible blindness caused by military service
- Loss of both legs or inability to use them effectively
- Extensive burns covering a large portion of the individual and resulting in disfigurement and impairment
- Becoming permanently bedridden
- Complete paralysis of both legs and one arm or other severe loss of motor function
No Income Restriction
Knowing how the VA considers employment can help veterans make informed employment decisions. Despite a 100% permanent and total disability rating, the VA recognizes that some 100% permanent and total (or “P&T”) veterans may still choose or be able to work. Many employers seek veterans because of their specialized skill set and proven work ethic. In return, veterans with a 100% permanent and total disability receive certain benefits if they choose to work, including:
- No Income Limits – Veterans with a 100% permanent and total disability rating can earn any amount of income from employment. There are no restrictions on how much they can earn without affecting their VA disability benefits.
- Benefits Unaffected – Veterans with a 100% permanent and total disability rating will continue to receive their full VA regardless of their earnings from employment.
- Flexible Employment – Veterans may pursue any type of job, whether full-time, part-time, or self-employment, without risking their total disability rating. This flexibility allows veterans to explore work opportunities that align with their interests and abilities.
Exception to the No-Income Restriction: TDIU
While many 100% permanent and total disabled veterans may work without income restrictions, some may not. Total Disability Individual Unemployability (TDIU) is an exception to the no-income rule. The VA grants TDIU status for veterans unable to maintain substantial gainful employment due to service connected disabilities in situations such as:
- A veteran with a spinal injury that limits their ability to stand or sit for extended periods, affecting their capacity to perform physically demanding jobs, and cannot work full-time
- A veteran has a traumatic brain injury (TBI), and their cognitive impairments make it difficult to concentrate and maintain consistent employment
- A veteran with severe PTSD has anxiety and flashback symptoms that significantly limit their ability to earn a living wage
Veterans eligible for TDIU can engage in marginal employment, such as part-time work or jobs that pay below the federal poverty level. This allows veterans to contribute to the workforce within their physical and cognitive limitations without risking their TDIU benefits.
Veterans with a TDIU status benefit from a protected work environment that provides accommodations for their disabilities. These accommodations include specialized equipment, modified duties, or jobs with flexible hours or remote capabilities.
Contact a Veterans Disability Lawyer for Help with Your Disability Rating
At the Disability Law Group, we focus on disability benefits cases, passionately advocating for our clients’ rights. Each of our partners has been named Super Lawyers Rising Stars for four consecutive years, ranking them among Michigan’s top 2.5 percent of attorneys. We hold a five-star rating across all platforms and have earned recognition from esteemed organizations like the American Bar Association. Our accolades, including features in Crain’s Detroit Notable Women in the Law and multiple Partners receiving Oakland Together 40 Under 40 awards, highlight our dedication to serving clients with integrity and compassion.
If you or a loved one has a 100% permanent and total disability VA rating but wants to work, contact the Disability Law Group. We are here to help. Call today for your free consultation.
