Finding Your Way Through the VA Benefits Process
Posted 08/03/09
Many American veterans are unaware of the fact that they might be eligible to receive benefits. Some veterans feel that they do not have any reason to receive benefits and others upon being discharged would rather leave that life behind. 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 is qualified to receive benefits?
A: There are three key factors in determining if you might be eligible to obtain VA 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. 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: 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 currently service connected and I have hearing loss at 10% and PTSD at 30% why am I only considered 30% service connected?
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. 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 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. VA service connected disability benefits are not like Social Security Disability benefits in this respect. 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 obtain benefits from both Social security disability and the Dept. of Veteran Affairs? 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 spouse, who was in the service and getting benefits from the VA for a service connected disability, has passed away. Can I receive their benefits?
A: There are benefits for surviving spouses and dependent children. 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: Veteran Affairs has laws to follow called "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 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. You should contact a local attorney's office for more information and specifics regarding your claim.
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. 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. These benefits are a homebound compensation. This is an option to consider if you feel you need assistance to care for yourself.
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 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. You served for our country and you may be entitled to veterans benefits.
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