Navigating the Tricky Seas of VA Benefits
08/27/08
There are many veterans in our country that have no idea that they could be receiving 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. Obtaining benefits from the VA can sometimes be a difficult and long process that sometimes does not seem worth the effort. If you are a veteran and you have a disability or injury this is something you should look into, you have earned these benefits.
Q: How do you know if you could be receiving benefits? Who is qualified to receive benefits?
A: Three main components make up a veteran's possible eligibility for service connected disability benefits. First, you had to have served in the Army, Coast Guard, Navy, Marines, or Air Force. Secondly, you must currently suffer from a disability which began during your years of service, or began before hand and was worsened by doing service. This could be anything from High Blood Pressure to certain types of cancers as well as many other disabilities depending on when and where you served. 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. 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. And in addition to the surgery, the incident has caused other problems that you need taken care of.
Q: Why should I obtain VA service connected disability benefits, how will it help me?
A: If you are successful in being service connected for your disability you could receive a monthly benefit and you become eligible for medical care at your local VA facility. 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 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: The VA has a rating schedule that they use to determine what percentage is to be granted for each disability depending on the severity of the disability. They also use a rating chart to total your percentage of service connection, they do not use mathematical terms. These service connection percentages can be tricky to understand and if you feel that you should be receiving more benefits or a higher percentage then you should look into your disability and the severity or contact a professional that could assist you.
Q: Why does my neighbor receive 70% for the same disability that I have?
A: This happens because Veteran Affairs determines all service connection percentages individually, based on the severity of a veteran's disability. Again, there is a rating schedule that determines the amount of benefit and the percentage of service connection that each person receives.
Q: Can I still work and receive VA service connected disability benefits?
A: Yes, you can. Unlike with Social Security Disability, the disability benefits you obtain from Veteran Affairs are not affected by working. If you obtain benefits for a service connected disability, but are still able to work, then you are entitled to keep working and receiving benefits. Your disability benefits are not reduced or annulled if you are earning an income.
Q: Can I receive Social Security Disability benefits and VA service connected disability benefits? A: Yes, 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. 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: Veteran Affairs has laws to follow called "Veteran Friendly Laws." The VA has the duty to help you file a claim and walk you through the process of obtaining benefits. 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 employ a lawyer to help me?
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 already get benefits for a service connected ability. Is there any other benefit I can receive?
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. The VA also has benefits for those veterans that are unemployable due to their service connected disability. To apply for these benefits there is a separate form that needs to be filled out and filed with the VA. 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 type of extra benefit is called homebound compensation. This is an option to consider if you feel you need assistance to care for yourself.
Every veteran's case is different and obtaining the benefits set aside for you by the VA can be quite confusing to some people. 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.