Duel 100% rating

[MMM0723]

Hello all. I have a question. Can two married military veterans with 2 dependents both receive 100% disability?

[brokensoldier244th]

Of course. Why couldn't they? The ratings are individual to the person.

[pacmanx1]

Yes, I agree that benefits are rated and based on an individual's symptoms, and it is possible. Just like in service a soldier married to another soldier would be entitled to and both get separate rations and BAH. 

Edited March 13 by pacmanx1

[broncovet]

Yes, I looked it up.  According to this VA document, married Veterans can both claim each other and children as dependents.

https://www.benefits.va.gov/COMPENSATION/docs/bas-dependency-faq-final-508.pdf

I was shocked, as IRS does not allow 2 taxpayers to both claim children as dependents.  In divorces, only one parent can claim the child as a dependent.  It suprised me that VA permits both married Veterans to both claim each other and children as dependents.  Read the above. 

Naturally, in the above link, VA is quoted as saying both can claim depnedents "but it takes longer".  It proves my hypothesis that "everything" creates a delay for VA..even the quite natural act that all of our parents went through..having children.  

Quote

Q: What if my spouse is also a Veteran with a 30% or higher disability rating? Can we claim each other and our children? Or should only one of us add them as dependents? Both you and your spouse can claim each other and your children if you are both Veterans with a 30% or higher disability rating. However, claiming a dependent spouse who is also a Veteran will take longer for VA to process. You should still submit your claim online through eBenefits to get the fastest decision possible. Filing online will also ensure you get paid back to the date you submitted your claim, if awarded.

Do not trust VA with the last sentence.  I filed my dependent claim online, got a confirmation, and, of course, VA lost that too.  When I complained I had filed for dependents earlier, and supplied the confirmation number, the VA responded, "we have no record of that".  

THE VA HAS A presumptive:  They presume the Veteran is a liar, and the VA employee is telling the truth.  

While this is possible, I can attest the opposite should be true.  The Veteran risked 4 years, and, often his/her life, while the VA employee simply committed his time.  Being a Veteran "should" mean something.  However, unfortunately, some Veterans have messed that up and lied or committed fraud for the rest of us.  This said, VA employees, too, have committed fraud and lied.  Being a VA employee does not guarantee you will speak the truth, and being a Veteran does not mean you are telling a lie.    All this said, I do get there is often an incentive for Veterans to lie.  Well, not exactly, tho, because lying to the VA most often backfires and gets you into deep doo-doo.  Dont try it.  Sleep well at night by telling VA (and others!) the truth, "even if" you could lie and get away with it.  

People who lied to VA sometimes relentlessly worry about reductions.  I dont worry about them.  Remember, after reading many BVA decisions, the Board usually finds there is evidence which supports, and evidence which is unfavorable to the claim.  The decision maker renders a decision.  If the evidence is equal, the claim is in equipose, and the Veteran is to be awarded benefits.  This is what my board decision said.  

There is unfavorable evidence in almost every decision.  Did you drink alcohol?  I sure did.  Was the injury due to that?  Well, my doc said the injury was "not" willful misconduct.  And, no, I was not drinking when the injury occurred, but, I certainly had been drunk while in the military.  Most Vets have.  If you get drunk and injure yourself, the VA may well not pay you for your stupidity.  Usually this is a call made by the doctor.  And, my doctor notated it was not willful misconduct.  The VA cant really change that..they were not there, and the doctor was.  Its a "finding of fact".  

The BVA also makes "findings of facts" and often lists those in decisions.  

And, mostly, findings of facts are not appealable to the CAVC.  

Edited March 13 by broncovet