As a veteran with a 100% disability rating from the Department of Veterans Affairs (VA), you may assume that you automatically qualify for Social Security disability benefits. However, having a 100% rating from the VA does not guarantee approval for Social Security disability benefits. In this article, we will discuss the differences between the two programs and why a 100% rating from the VA does not necessarily mean that you are considered disabled under Social Security.
The VA assigns disability as a percentage, ranging from 0% to 100%, based on service connection (it is also possible for a veteran to have both service-connected and non-service connected disabilities). To qualify for VA disability compensation, a disability must have been incurred or aggravated as a result of military service. VA disability ratings are not arbitrarily assigned, as a medical examination must be completed to evaluate and assess the severity of disability before a rating can be determined based on the VA's Disability Rating Schedule. In contrast, Social Security uses a different set of criteria that assesses an individual's ability to perform any type of work on a full-time basis, not just the work they previously performed.
A 100% rating from the VA may indicate severe impairments, but it does not necessarily mean that an individual meets the criteria for disability under Social Security. For example, a veteran may have a 30% rating for PTSD, a 20% rating for a back injury, and a 10% rating for tinnitus, which would result in a combined rating of 50%. However, the VA rounds up to 60%. This means that a veteran can have several impairments that, when combined, equal a 100% rating, even though they may not have a single impairment that alone would warrant a 100% rating.
Social Security does not use percentages of disability, but instead determines if an individual is unable to do substantial work because of their medical condition(s), and whether their condition(s) have lasted, or are expected to last, at least one year or result in death.
While Social Security is required to give "great weight" to a VA rating, they are not bound by it. This means that even if an individual has a 100% rating from the VA, Social Security may still find that they are not disabled under their criteria. It is important to note that the VA and Social Security also have different disability determination processes, timelines, and appeals procedures. This can lead to confusion and frustration for veterans who are navigating both systems simultaneously.
In conclusion, a 100% disability rating from the VA is a significant indicator of a veteran's impairment, but it does not guarantee approval for Social Security disability benefits. The two programs have different criteria, processes, and timelines, and it is important for veterans to understand these differences and seek guidance from an experienced disability attorney to navigate both systems. At di Lorenzo and Wilcox, we are here to help veterans and their families access the benefits from Social Security they need and deserve
At di Lorenzo and Wilcox, we understand how overwhelming the disability process can be, especially for veterans. We can guide you through the process and help you gather the necessary medical evidence to support your disability claim. We are proud to serve clients in Southeast Georgia and the surrounding areas, including Savannah, Waycross, Brunswick, Kingsland/St. Marys, and we are committed to helping individuals and families access the benefits they need and deserve.
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