Question:
Jim, Upon the conclusion of my 30 year Navy career in 2013 I applied and was granted a 90% disability rating.
My question is: When if ever does this rating or a portion of this rating ever become permanent? Is this something that I must apply to change? A potion of my rating if due to two total knee replacements which I am pretty sure are very likely permanent. My state offers a reduced property tax for those VETS whose rating is 100% or have been rated as a permanent disability. Just wanting to maximize the benefit that I have earned.
I am not sure is this is worth chasing or not, which has led me to asking you. Thank you.
Jim's Reply:
The 90% rating is probably considered permanent now. Ratings under 100% usually don't require future exams. Future exams are the signal that VA believes that improvement is likely in a rating and they examine you down the road to see if your rating is appropriate. Mental health rating and cancer ratings are 2 categories that are almost always rated as temporary with future exams scheduled. Property tax breaks (and other benefits like free licenses, etc.) offered by states usually require that the veteran be permanently and totally disabled. That means you need a 100% rating that isn't temporary in nature to be eligible. Some states offer a sort of sliding scale for a tax break that is commensurate with the degree of the disability rating. To sort this all out for your region I'd suggest that you speak with a state or county veterans service officer. You can Google search for someone near to you or have a look at your local VA facility...they often have offices right there for you.
PS from StatesideLegal: Using the "Find Legal Help" feature with your zip code, look for VSA (veteran service agencies) providers. This should give you the name and contact information for your local or state agency that provides free help with VA questions and claims.