Obtaining VA Benefits
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Posted on August 18, 2008 by Albert Tobega | Posted under Legal
Q: How does a veteran know if he or she should be getting benefits? Who, exactly, is qualified to receive them?
A: Three main components make up a veterans possible eligibility for service connected disability benefits. First, you had to have served in the Army, Coast Guard, Navy, Marines, or Air Force. Second, you must have a current disability, either caused by your time in the service or a disability that you had going into the service and it was aggravated or made worse by your time in the service. There is a wide range of these sorts of disabilities, to some types of cancer, to breathing problems, to other disabilities that originated from or were affected by your service. Lastly, you need to show evidence that your current disability is connected to your military service.
An example is, if you were on leave from active duty and vacationing with your family and while skiing you fell and broke your leg or injured your knee. Because of the injury you now need a knee replacement or surgery, even if its years later. Though it may not seem like it, this injury itself is service connected, as you were on active duty when the accident or illness occurred, even though you were on leave. Secondly, now that problem is causing pain as well as other problems which you have to be treated for.
Q: Why should I obtain VA service connected disability benefits, how will it help me?
A: Like this: if you do obtain benefits, you can receive monthly monetary benefits, as well as eligibility to use the VA hospital and medical facilities. The amount of your monthly benefit will depend on your percentage of service connection granted.
Q: If I am eligible for service connected benefits, and have 10% hearing loss and 30% PTSD, why are my disabilities considered only 30% connected to my military service?
A: Veteran Affairs uses a rating schedule that uses the severity of your disability to tell them what percentage service connected disability to award you. Rather than using math to determine these percentages, they use a rating chart to give you a total final percentage, or rating. Because determining a percentage of service connection is quite complex, if you feel that the percentage awarded you is insufficient for your disability, you should speak to a professional about your options.
Q: My cousin has obtained a 65% service connection for the exact same disability I have. Why?
A: This happens because Veteran Affairs determines all service connection percentages individually, based on the severity of a veterans disability. It is important to remember that the VA uses a rating schedule to determining the percentage and, therefore, the amount of benefits an individual receives.
Q: Can I still work and receive VA service connected disability benefits?
A: Yes. Unlike with Social Security Disability, the disability benefits you obtain from Veteran Affairs are not affected by working. If you are granted service connection for a disability that is not keeping you from working then you can still work and receive benefits. Your disability benefits are not reduced or annulled if you are earning an income.
Q: Can I obtain benefits from both Social Security Disability and the Dept. of Veteran Affairs? A: You can. Social Security Disability does look at earned income but VA service connected disability benefits are not earned income so these benefits do not interfere with one another.
Q: My husband/wife was in the service and receiving VA service connected disability benefits but they have passed. Am I eligible to get his or her VA benefits?
A: In some cases, yes, benefits are available for children and spouses who survive a deceased veteran. Each situation is different so this is something that you should consult with a professional about.
Q: How do I file a claim?
A:The VA has laws that are considered veteran friendly laws. It is the responsibility of Veteran Affairs to help you apply and file a disability claim, as well as take you through the benefits application process. There are many independent organizations to help, and every U.S. state has a Regional Office where you will receive assistance free of charge. You can find your local VA Regional Office as well as Veterans Service Organizations on the VA website at www.va.gov.
Q: Can I hire an attorney?
A: The VA does have laws that tell attorneys when they can represent a client for a fee and when they can not. You can find some lawyers who will represent you for free, or Pro Bono, and others who will require you to sign a contract promising payment for their services. If you are considering contracting a lawyer to help with your claim, it is important to contact one locally for more information about your particular case.
Q: I am already receiving VA service connected disability benefits, can I receive anything else?
A: This depends on your situation. If, for instance, your service connected disability has grown in severity since you began receiving benefits, you can apply for an increase in your percentage or rating, which will also increase the amount of your monthly benefits. Veteran Affairs also provides expanded benefits to those veterans who cannot work due to their service connected disability. If this is your situation, there is a second application that you need to fill out in order to apply. If you feel that your disability makes it impossible for you to work, and should therefore receive more benefits from the VA, you should either contact a VSO or a lawyer to answer your questions and help you through the process. The VA also has benefits for those individuals that are unable to care for themselves on a regular basis or those that are unable to leave their home most of the time. This type of extra benefit is called homebound compensation. If you need assistance in caring for yourself but are having trouble paying for the care you should look into this option.
Because each claim is different, getting the benefits that you are entitled to can be a complex and confusing process. The VAs website has a lot of information on what kind of benefits there are beyond disability benefits and what you can do to receive these benefits. If you are a veteran and you were injured in any way or your disabilities that you had before going into the service were aggravated in any way please look into your options. After all, you served your country in the past, and may very well be entitled to receive benefits for it today.
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