A veteran may have a “total” disability if they have a service-connected condition rated at 100 percent or qualify for Total Disability based on Individual Unemployability (TDIU). However, some veterans who have received a total disability rating may have their condition deemed a “permanent and total” disability by the VA. But what extra benefits can veterans with permanent and total disability receive compared to other veterans? Knowing the specific benefits that permanent and total disability may make you eligible for can help you secure the support and resources you need and deserve.
What Does “Permanent and Total” Disability Mean?
A veteran has a “permanent and total” disability when their service-connected condition meets the criteria of total and permanent. Under VA regulations, a veteran has a “total” disability if they have a service-connected condition rated at 100 percent or if they qualify for TDIU. A veteran qualifies for TDIU if they have one condition rated at 60 percent or more, or two or more conditions with at least one rated at 40 percent or more with a combined disability rating of 70 percent or more, and the veteran cannot maintain employment that earns more than the federal poverty threshold due to their condition(s).
A veteran’s condition becomes “permanent” when the VA determines that it will not likely improve with further treatment or rehabilitation or improve over time. Even though a veteran may receive a 100 percent disability rating, that does not necessarily mean that the VA considers their condition “permanent.” However, having a condition that qualifies as both permanent and total may make a veteran eligible for certain benefits.
Dependents’ Educational Assistance (Chapter 35)
Eligible spouses and children (ages 18 through 26) of veterans with permanent and total service-connected conditions can also obtain educational benefits through the Dependents’ Educational Assistance program (Chapter 35). Chapter 35 can provide monthly stipends to family members enrolled in qualifying educational programs to cover tuition, prep courses, and test fees. Qualifying programs include degree programs at colleges and universities, trade or vocational schools, apprenticeships, on-the-job training, and correspondence training.
CHAMPVA Healthcare for Family Members
A veteran’s permanent and total disability can also qualify their spouse or dependent child for healthcare through the Civilian Health and Medical Program of the Department of Veterans Affairs (CHAMPVA). CHAMPVA provides healthcare coverage similar to the coverage available through TRICARE or Medicare.
State-Level Benefits
Most states also offer various benefits to veterans with a total and permanent service-connected disability. For example, Georgia law entitles permanently and totally disabled veterans to a homestead exemption from property taxes on their primary residence, which continues after the veteran’s death for their unremarried surviving spouse or minor children who continue to occupy the residence. Disabled veterans who receive VA grants to purchase or adapt a vehicle for disabilities can also obtain an exemption from state sales taxes in Georgia and a free Eligible special disabled veteran’s license plate.
Protection from Future Rating Reductions
When the VA deems a veteran’s service-connected condition “permanent,” the department typically will not schedule future examinations to evaluate potential changes in the veteran’s condition and will not reduce the veteran’s disability rating unless the veteran committed fraud in obtaining their rating.
Contact Our Firm Today for Assistance
After the VA determines that you have a permanent and total disability, you may become eligible for certain additional veterans’ benefits. Contact Coskrey Law today for a free, no-obligation consultation with a VA disability attorney to learn more about what it can mean to have a permanent and total disability from a medical condition connected to your military service.