Home | Legal


Navigating the Tricky Seas of VA Benefits

By: Albert Tobega



Many American veterans are unaware of the fact that they might be eligible to receive benefits. While some feel like leaving the past behind them, so to speak, others do not even realize that there may be reason for them to receive benefits. Plus, the laborious, seemingly endless application process can seem too daunting even to give it a try. But injured or disabled veterans have a right to benefits, and so should look into the process for obtaining them.
Q: How does a veteran know if he or she should be getting benefits? Who, exactly, is qualified to receive them?
A: There are three key factors in determining if you might be eligible to obtain VA service connected disability benefits. The first is that you must have done service with either the Army, the Navy, the Marines, the Air Force, or the US Coast Guard. 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.
A good illustration of this kind of injury is if you injured your knee while hiking with your some friends while on leave from active duty. Today, even though many years have passed, the problem caused by that old injury is only getting worse, and you will soon need surgery to have the knee replaced. This can be service connected because while you were in the service you had an accident, incident, or illness. Secondly, now that problem is causing pain as well as other problems which you have to be treated for.
Q: But how will receiving benefits from Veteran Affairs really 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 benefit amount you will receive each month will be dependent on what percentage of your current disability is determined to be service connected.
Q: If I am currently service connected and I have hearing loss at 10% and PTSD at 30% why am I only considered 30% service connected?
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. They also use a rating chart to total your percentage of service connection, they do not use mathematical terms. 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: If I work at Veteran Affairs, can I still receive disability benefits for my time in service?
A: You can. VA service connected disability benefits are not like Social Security Disability benefits in this respect. If you are granted service connection for a disability that is not keeping you from working then you can still work and receive benefits. The VA does not reduce your VA service connected disability benefits just because you are working and receiving an earned income.
Q: Can I receive Social Security Disability benefits and VA service connected disability benefits? A: You can. While Social Security Disability does gauge your earned income when determining your SSD benefits, your VA benefits are not considered earned income, and so will not get in the way of your SSD benefits.
Q: My husband/wife was in the service and receiving VA service connected disability benefits but they have passed. Can I receive their benefits?
A: In some cases, yes, benefits are available for children and spouses who survive a deceased veteran. However, every case is different, and you need to be sure to speak to a professional before moving forward.
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 Regional Offices in every state and there are organizations set up to assist the veterans at no cost to you. To locate your local Veteran Affairs Regional Office and any local Veteran Service Organizations, visit the Veteran Affairs website at www.va.gov.
Q: Can I employ a lawyer to help me?
A: Veteran Affairs has some laws that help a lawyer to know when he or she can represent you for a fee, and when he or she cannot. Some attorneys will represent you on a Pro Bono basis, meaning they wont charge you, and others will have you sign a Contract with a fee stipulation. 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 already get benefits for a service connected ability. Is there any other benefit I can receive?
A: The answer to this question will depend 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. The VA also has benefits for those veterans that are unemployable 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 you are unemployable and should be receiving higher benefits you should contact a VSO or an Attorney to answer your questions and possibly assist you in obtaining these benefits. Veteran Affairs also provides additional benefits to those veterans who, due to their service connected disability, are mostly homebound and cannot care for themselves. This 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 Dept. of Veteran Affairs website is full of information to help you understand what VA benefits might be available to you, and how to get them. If, as a veteran, you were injured in any way during service, or saw your previous disability or injury exacerbated by your service, it is very important to look into your benefits options. You served for our country and you may be entitled to veterans benefits.

Article Source: http://articlepowerplant.com

More information regarding social security lawyer, goto www.HillAndPonton.com.




Please Rate this Article

 

Not yet Rated

Click the XML Icon Above to Receive Legal Articles Via RSS!

Recommended Webmaster Resource: http://www.linkdirectory.com


Article Powerplant
6280 Matchette, Suite 301
  Windsor, ON, Canada

Site Concept And Images © 2007 - 2008 Article Powerplant
All Rights Reserved
Contact Us


Powered by Article Dashboard