Red Alert to Veterans Rated 100%

If you are a veteran rated 100% Permanent and Total (P&T) or just 100% disabled through the VA, there are important considerations to keep in mind when filing additional claims. It’s crucial to ensure that any claims you submit are compliant with Title 38, Part 4 of the Code of Federal Regulations, which governs VA disability ratings. Failing to do so can lead to unintended consequences, including a reevaluation of your entire disability status.

Some veterans have submitted claims that they thought would increase their compensation, only to find that the VA reevaluated their case and actually reduced their benefits. In some instances, this has resulted in the loss of key benefits, such as the 100% property tax exemption and educational benefits for their children. These are significant losses, and they can have long-term financial and personal impacts.

Before filing a new claim, it’s important to consult with a service organization or claims specialist who is well-versed in VA regulations and fully understands the potential risks. Make sure they are compliant with Title 38, Part 4, and that they provide accurate advice regarding the outcome of your claim.

If you are already rated at 100%, you should carefully weigh whether it’s worth filing for additional benefits unless it will meaningfully increase your compensation. For example, some claims, such as those for Special Monthly Compensation (SMC), can provide substantial additional benefits. However, other claims, like those for erectile dysfunction, are unlikely to change your disability rating and might only provide a minimal benefit—around $120 per month.

It’s worth considering the broader picture. If you are already receiving $45,000 to $46,000 a year in tax-free income, it might not be wise to risk that stable, passive income for a relatively small additional amount. Filing claims that have no chance of increasing your rating could trigger a reevaluation by the VA, and that’s a gamble you may not want to take.

In conclusion, proceed with caution and make sure you’re well-informed before submitting any new claims. Always consult with a professional to ensure you’re making the best decision for your financial security and well-being.

Hope this information helps. Take care, and we’ll chat again soon.

Disclaimer:

This article is a commentary which means opinionated, so do your own research and find the conclusions that best meets your situation, goals, etc.