How To Increase Your VA Disability Rating From 70% To 100%
If you currently have a 70% VA disability rating, you may already understand how VA ratings work.
A 100% VA disability rating is the maximum allowed by law and with some diligent work and, the help of a disability advocate the road to a 100% rating is accomplishable.
Single Disability Rated at 70%
If your 70% VA disability rating is for a single disability and you’re looking to raise it to 100%, your first step is to find the ratings criteria for that single disability you are rated for.
The Schedule of Ratings contains the ratings criteria for all disabilities in various categories. Each category contains groups of medical problems, each group contains a list of disabilities, and each disability has its own diagnostic code.
Every diagnostic code specifies the symptoms required for various ratings. For example, the 9411 code applies to post-traumatic stress disorder (PTSD). VA rates PTSD –along with many other mental health conditions – under the General Rating Formula for Mental Disorders. Depending on the symptoms, a veteran may receive either 0%, 10%, 30%, 50%, 70% or 100%.
Develop Medical Evidence to Increase Your VA Disability Rating
You must develop the evidence to match the criteria for a 100% rating. The rating criteria lays out what it takes to get a higher rating.
For example, let’s say you have a 70% rating for PTSD. According to the Schedule, the only PTSD rating higher than 70% is 100%. A 100% rating for PTSD is warranted when the veteran is totally impaired both occupationally and socially.
One or more of the following symptoms would yield a 100% VA disability rating:
Gross impairment in thought processes or communication
Persistent delusions or hallucinations; grossly inappropriate behavior
Persistent danger of hurting self or others
Intermittent inability to perform activities of daily living (including maintenance of minimal personal hygiene)
Disorientation to time or place
Memory loss for names of close relatives’ own occupation, or own name.
The Best Evidence To Increase Your Rating From 70% To 100%
To increase your VA disability Rating from 70% to 100% it is vital that you provide medical records to the VA that show your symptoms.
Not all doctors will provide records to show your symptoms. Fortunately, the VA provides rating tools such as Disability Benefits Questionnaires (DBQs) on their website. Doctors can check boxes off that apply to your symptoms and submit this form to the VA.
The DBQ forms apply to every kind of disability. For example, the VA provides a DBQ for PTSD that simplifies rating decisions. If the symptoms noted in a DBQ satisfy the criteria for a higher rating, then VA will likely grant that rating.
70% Combined Rating with Multiple Disabilities
If you have a 70% overall rating for a combination of conditions, then getting to 100% is much tougher. This is mostly because of the VA Combined Ratings table.
VA Combined Ratings Table
The VA Combined Ratings table provides that, after individual conditions are separately rated, the disabilities are then all combined using a specific formula. See 38 C.F.R. § 4.25(b). VA first considers the most disabling condition – that is, the one with the highest rating – then less disabling conditions in order of severity. This method captures the residual efficiency of a veteran with more than one service-connected condition. The purpose is to prevent an overall rating higher than 100%.
When the combined value ends in a number from 5 through 9, VA rounds up to the next highest multiple of 10. If the combined value ends in 1 through 4, VA rounds down to the lower multiple of 10. Or, if the combined value ends in 0, then rounding is unnecessary.
To get higher ratings for each disability, follow these steps:
Read the specific rating criteria,
Ask your doctor whether you meet the criteria for higher ratings, and
Develop medical evidence to support your request for higher ratings.
Although, it is not as simple as getting an additional 30% rating. This is because VA does not add your ratings; it combines them.
For example, a veteran with only PTSD at 50% and asthma at 30% has a combined value of 65%. A 65% value rounds up to a 70% combined rating. To get to 100% overall, this veteran must either (1) win a 100% rating for PTSD or asthma, or (2) win at least a 90% rating for an additional disability (or group of disabilities) rated at 90%.
Contact A Disability Advocate
If you have more questions about how to increase your VA disability rating from 70% to 100%, please reach out to us at (800) 800-3332 or contact us here. We will provide a 100% free VA case review and are always happy to answer any questions you may have.
Sleep is required to function. Sleep Apnea is a condition where someone briefly and repeatedly stops and starts breathing. This can severely disrupt someone’s sleeping patterns affecting their mental, emotional, and physical health.
Service Connection
For the VA to assign a 100% rating for Sleep Apnea, the VA must first determine that the condition is related to service.
Generally, VA will grant service connection if the following are met:
Proof of a current diagnosis,
Proof of an in-service event, disease, or injury, and
Proof of a medical nexus between the first 2
elements.
VA Schedule of Rating
After the VA grants service connection, it must determine the correct rating. To do so, VA consults the Schedule of Ratings. The ratings should reflect how much that specific disability impairs your ability to work.
To get a 100% rating for sleep apnea, it must be so severe that it prevents gainful employment.
Requirements Specific to Sleep Apnea
The Schedule of Ratings breaks down disabilities into different categories. Each category contains groups of medical problems. For example, Sleep Apnea is found in the Respiratory System category. Each group contains a list of disabilities, each with its own diagnostic code. In turn, each diagnostic code specifies the symptoms required for various ratings. For example, the 6847 code applies to Sleep Apnea. See 38 C.F.R. § 4.97.
A 100% VA rating for Sleep Apnea requires:
Chronic respiratory failure with carbon dioxide
retention or cor pulmonale, or
The condition requires a tracheostomy.
Chronic Respiratory Failure
Chronic respiratory failure usually happens when the airways that carry air to your lungs become narrow and damaged. In other words, less oxygen gets in and less carbon dioxide goes out. A tracheostomy is a surgically made hole in the front of your neck where a breathing tube is connected to your windpipe to help you breathe. Naturally, a veteran with these extreme symptoms deserves a 100% VA rating for Sleep Apnea.
Medical Evidence
Only medical evidence can satisfy these requirements. It is not enough for the veteran to say “I cannot work because of my sleep apnea.” Fortunately, the VA provides rating tools such as Disability Benefits Questionnaires (“DBQs”) on their website. Specifically, VA provides a Sleep Apnea DBQ that focuses on the symptoms described in the Schedule. Veterans seeking a higher rating for sleep apnea should have their doctors complete the DBQ. The VA will likely grant the rating if the DBQ includes the criteria for a 100% rating for Sleep Apnea.
Disability Benefits Questionnaire
A doctor who treats the disability in question should fill out a Disability Benefits Questionnaire. For example, an orthopedic specialist who is treating a foot condition should not complete a DBQ for PTSD.
Watch out for Pyramiding
When seeking a 100% rating for Sleep Apnea, one must consider every rule and exception related to VA ratings. Under the VA rating system, a veteran should be compensated for each service-connected disability. However, there is one big exception. VA cannot pay a veteran more than once for the same disability or same manifestation. For example, Asthma and Sleep Apnea have nearly identical manifestations. They both involve airway impairment, share symptoms such as daytime fatigue and are under the same category in the Schedule of Ratings. A veteran who is service connected for both will only receive a rating for one of them. In that circumstance, the VA must assign the higher of the 2 possible ratings.
How We Can Help
Many variables come into play when trying to get 100% VA disability for Sleep Apnea. The first step is to not give up. Our team of experts are here to support you the entire way through. Whether you are struggling to secure your VA disability or need help with your denied SSD claims, we’re only a phone call away. To learn more about how our team can help you call us today at (800) 800-3332 or contact us here now for a FREE consultation.
Social Security has two types of benefits for disabled people. The first is for people who have worked for a certain number of years. These are disability insurance benefits or SSDI benefits. The second is a needs-based benefit. It is for people who meet certain financial requirements. These are Supplemental Security Income or SSI benefits.
Social Security Disability Interview Questions
First, your medical conditions must keep you from working. Second, you must be unable to work for at least twelve months. To file, you must provide certain information.
What Happens During the Social Security Disability Interview?
The claims representative asks you a series of questions. Your interview can take place in person or over the telephone. It generally lasts for about an hour.
Call Disability Help Group, We Can Complete Your Interview.
Specifically, a claims representative will ask you:
Your current name and any past names you have used
Your social security number
About your education
Names and dates of birth of your children under the age of 18 and your spouse
Dates of marriages and divorces
Bank information for Direct Deposit
An alternate contact person in case they can’t reach you
Worker’s compensation information, if applicable
In addition, you must provide your work history. Only the last 15 years are important.
This work history should include:
Last worked Date
The name of your previous employers
Your job title
The dates that you approximately worked for each employer
Your medical information should include:
All of your medical conditions
Your doctor’s information
Emergency Room or Hospitalizations
A list of your medications
Naturally, disability applications require a lot of information. It is best to get this information before your interview. Social Security may send you a form to fill out before your interview. This form helps you put the information together. In any case, it is always best to write this information out clearly.
Applying For SSI? You May Be Asked Additional Questions
These questions could include:
Where you live and who lives with you
Your household expenses
All sources of income for you and your spouse
The amount of your resources
Be Prepared With Documentation
You will also have to provide Social Security with some documents. These are in addition to the information you have given.
The documents include:
Birth certificate
A government-issued picture ID
A medical release Form SSA-827 (Authorization to Disclose Information to the Social Security Administration)
Why You Should Be Prepared
The Social Security disability interview process is crucial to your application. Therefore, providing complete information gives you a better chance of winning your case. Also, you can avoid problems or delays in your application. Missing information can often lead to being denied.
Getting Help with Your Claim
The process for applying for SSDI or SSI can be overwhelming. Hiring an experienced SSDI disability advocate can improve your chances of a successful claim.
An SSDI advocate can:
Help you prepare for your interview
Understand the Social Security disability process
Keep in contact with Social Security to make sure your claim is moving forward
Make sure you start your claim the right way and apply for all the benefits you deserve. Contact us now for a free consultation.
What is the Criteria for 70% TBI Disability Rating?
What is the Criteria for 70% TBI Disability Rating? After VA grants service connection for Traumatic Brain Injury (TBI disability), VA must determine the correct rating percentage. As a result, the rating percentage determines how much money VA must pay to the veteran. Rather than assign percentages subjectively, VA uses criteria in the Schedule of Ratings.
VA Schedule of Rating Criteria for 70% TBI Disability Rating
The VA Schedule of Ratings breaks down disabilities into different categories. Firstly, each category contains groups of medical problems. Secondly, each group contains a list of disabilities, and each disability has its own diagnostic code. Thirdly, every diagnostic code specifies the symptoms required for various ratings. For example, the 8045 diagnostic code covers residuals of Traumatic Brain Injury (TBI).
How is a TBI disability rated?
The VA divides the rating criteria for TBI disability into 10 categories.
Veterans are rated based on the level of severity and impairment in each of these areas:
1. Memory, attention, concentration, and executive functions, including goal setting, planning, self-monitoring, and flexibility in changing actions when they are not productive.
2. Judgment: a veteran’s ability to make reasonable decisions.
3. Social interaction: how often a veteran acts appropriately in social situations.
4. Orientation: a veteran’s awareness of who, where, and when he is.
5. Motor activities: a veteran’s ability to perform previously learned motor activities (such as riding a bike).
6. Visual-spatial orientation: A veteran gets lost, even in familiar surroundings, or cannot point at or name their own body parts.
7. Subjective symptoms: symptoms that cannot be measured with objective tests, such as panic attacks and thoughts of suicide.
8. Neurobehavioral effects: examples include lack of motivation, verbal aggression, physical aggression, and lack of empathy.
9. Ability to communicate: Can the veteran communicate either by spoken or written language or communicate basic needs?
10. Consciousness: Is the veteran in a coma or a vegetative state?
Traumatic Brain Injury (TBI) residual scale
VA rates TBI residuals on a scale of 0, 1, 2, 3, or total. Each increment corresponds to a disability rating:
0 = 0% (normal functioning)
1 = 10% (mild)
2 = 40% (moderate)
3 = 70% (severe)
Total = 100%
The VA will award a 100% TBI disability rating if any residuals of TBI are rated “total”. Conversely, the VA will assign a percentage based on the highest-rated residual if no residual is rated “total”. For example, let’s say a veteran has TBI residuals in 3 out of the 10 categories. Therefore, he has a 1 for Judgment, a 3 for the ability to communicate, and a 2 for orientation. In this example, VA will award 70% because 3 is the highest residual rating.
70% TBI Disability Rating Varies
Across the 10 residual categories, the criteria for a 70% rating varies. For example, a Neurobehavioral residual must interfere with or preclude workplace interaction, social interaction, or both on most days. By contrast, VA assigns a 3 if Motor activities are moderately decreased due to apraxia. When in doubt, one should consult diagnostic code 8045 and the associated tables.
The following examples would yield a 70% disability rating for TBI:
A 50 year-old veteran who is often disoriented in time and place.
A 35 year-old veteran whose social interaction is inappropriate most of the time.
A 70 year-old veteran who is unable to communicate either by spoken or written language about half of the time.
Special Monthly Compensation
A veteran may receive special monthly compensation, in addition to a 70% rating, for Traumatic Brain Injury (TBI). As a result, the question is simple: Does your 70% rated TBI disability render you so helpless that you require the regular aid and attendance of another person?
Disability Help Group Case Study
Disability Help Group represented a veteran of the Army who had TBI at 10%. After increasing his rating to 70% for Traumatic Brain Injury, we continued fighting for him to receive special monthly compensation. We were able to prove that he could not care for himself, because the local VA hospital appointed his mother as his VA caregiver. Among other duties, she assisted with medication management, personal hygiene, reminding him of and taking him to appointments, and paying his bill. Therefore, we proved the veteran had a permanent need for regular aid and attendance due to his TBI.
As a result, VA granted Special Monthly Compensation at the (r)(2) rate, increasing monthly payment from $264.02 to $8,343.91.
Do you believe you meet the criteria for a 70% rating for TBI disability? Be sure you start your claim the right way and apply for all the benefits you deserve. Call our team of experts today at (800) 800-3332 or contact us here for your FREE consultation!
Does your anxiety prevent you from working? Anxiety can cause feelings of worry or nervousness. These disorders are the most common emotional disorders. If you have an anxiety disorder, you may qualify for Social Security disability benefits.
Anxiety symptoms
Anxiety disorders have many symptoms. Frequently, these disorders can cause excessive worry or fear. They can also cause you to avoid certain places, activities, or people.
For example, symptoms may include:
Restlessness
Difficulty concentrating
Problems sleeping or fatigue
Obsessions or compulsions
Panic attacks, constant thoughts or fears about safety, or physical complaints
Types of Anxiety That Prevent Working
Anxiety disorders include several different types, these include:
Generalized anxiety disorder – six months or more of a constant state of tension or worry, not related to any specific event
Panic disorder – repeated attacks of anxiety that last up to ten minutes without any specific cause
Social anxiety disorder: fear, self-consciousness, and/or embarrassment with everyday social interactions
Agoraphobia: fear of places and situations that might cause panic, helplessness, or embarrassment. Typically, it can cause difficulty leaving your home or a particular location
Obsessive-compulsive disorder: recurrent and persistent thoughts or impulses that may make you feel can be controlled by performing repetitive behaviors
What if my anxiety prevents me from working?
You may qualify for Social Security disability benefits for your anxiety disorder. However, you must show that your symptoms are severe. They must cause problems doing normal, daily activities. Also, they must keep you from working for at least 12 months.
Social Security’s Listing for Anxiety Disorders
Social Security provides a listing of impairments. This is known as the “Blue Book.” The Blue Book provides specific conditions that you must meet to qualify for disability benefits. Social Security looks at anxiety disorders under Listing 12.06.
Meeting the listing for anxiety disorders that prevent work
First, you must have medical records that show three or more anxiety symptoms.
Specifically, you must show:
Restlessness, easily fatigued, or difficulty concentrating
Irritability, muscle tension, or problems sleeping
Second, you must show that your symptoms cause a serious problem in your functioning. Generally, you must have an extreme limitation in at least one area. Alternatively, you can have a marked limitation in at least two areas.
These areas of functioning include:
Understanding, remembering, or applying information (understanding instructions, learning new tasks, applying new knowledge to tasks, and using judgment in decisions)
Interacting with others (the ability to use socially appropriate behaviors)
Concentrating, persisting, or maintaining pace in performing tasks (staying focused and/or completing tasks)
Adapting or managing oneself (the ability to perform daily activities such as paying bills, cooking, shopping, dressing, and keeping good hygiene)
Social Security definitions of marked and extreme
Firstly, “Marked” means having a serious limitation in that area of functioning. Secondly, “Extreme” means not being able to function in that area at all. Thirdly, a Social Security psychiatrist or psychologist looks at your medical records. and decide if your anxiety disorder causes marked or extreme limitations.
Anxiety and the “C” Criteria
On the other hand, you may also meet the criteria under the listing if your anxiety disorder has been:
Medically documented as serious and persistent for at least two years and
Required to keep a highly structured setting to reduce your symptoms, such as an intensive outpatient or partial hospitalization program, or have minimal capacity to adapt to demands that are not already part of your daily life or changes to your environment
Getting disability if you don’t meet the listing
You can still qualify for disability benefits if you do not meet Social Security’s listing because Social Security looks at how your anxiety symptoms impact your ability to work. Particularly, they consider your ability to carry out simple instructions, make simple work-related decisions, respond appropriately to supervision and co-workers, handle changes in a routine, and show up to work consistently, arrive on time, or leave early.
Example 1: Anxiety prevents you from working
As an example, Joan suffers from anxiety and panic attacks, Her panic attacks happen unexpectedly, she receives medication from her psychiatrist and she also sees a therapist regularly. However, she still suffers from panic attacks many times during the day. She has even had to go to the emergency room during her panic attacks. Her panic attacks make it hard for her to finish things she starts. At times, her panic attacks keep her from leaving the house. Social Security finds that Joan would miss work a lot due to her panic attacks. Therefore, Joan qualifies for disability benefits.
What evidence do I need if my anxiety prevents me from working?
Social Security requests medical records from your doctors. As a rule, it is best to get treatment from a psychiatrist or psychologist. It is important to see your doctors regularly. Equally important, you should tell them about all the symptoms you have. Additionally, your doctor can complete a residual functional capacity form.
Getting help with your disability claim for anxiety
It can be difficult to win disability benefits for anxiety disorders. However, an experienced disability advocate can help guide you through the process. An experienced advocate can also help gather your records to help support your case. Additionally, they can provide you with forms for your doctors and answer all your questions.
Be sure you start your claim the right way and apply for all the benefits you deserve. If you have already applied for SSI or SSDI, contact our team immediately to make sure your case is still pending and was filed correctly. You may be entitled to significant compensation. Call us today at (800) 800-3332 or contact us here for your free consultation.
