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Types of Compensation

VA disability compensation provides monthly benefits to Veterans in recognition of the effects of disabilities, diseases, or injuries incurred or aggravated during active military service. The program also provides monthly payments to surviving spouses, dependent children, and dependent parents in recognition of the economic loss caused by a Veteran’s death during military service or, after discharge from military service, as a result of a service-connected disability. A summary of VA’s disability compensation programs is below.

Disability Compensation

A tax-free monetary benefit paid to Veterans with disabilities that are the result of a disease or injury incurred or aggravated during active military service. The benefit amount is graduated according to the degree of the Veteran’s disability on a scale from 10 percent to 100 percent (in increments of 10 percent). Compensation may also be paid for disabilities that are considered related or secondary to disabilities occurring in service and for disabilities presumed to be related to circumstances of military service, even though they may arise after service. Generally, the degrees of disability specified are also designed to compensate for considerable loss of working time from exacerbations or illnesses.

Dependency and Indemnity Compensation (DIC)

DIC is a tax-free monetary benefit generally payable to a surviving spouse, child, or parent of Servicemembers who died while on active duty, active duty for training, or inactive duty training, or to survivors of Veterans who died from their service-connected disabilities. Parents DIC is an income-based benefit for parents who were financially dependent on of a Servicemember or Veteran who died from a service-related cause.

Special Monthly Compensation (SMC)

SMC is an additional tax-free benefit that can be paid to Veterans, their spouses, surviving spouses and parents. For Veterans, Special Monthly Compensation is a higher rate of compensation paid due to special circumstances such as the need of aid and attendance by another person or by specific disability, such as loss of use of one hand or leg. For spouses and surviving spouses, this benefit is commonly referred to as aid and attendance and is paid based on the need of aid and attendance by another person.

Claims Based on Special Circumstances

Veterans may be eligible for other types of disability compensation once a disability has been determined to be service connected. Special VA disability compensation programs include: individual unemployability (TDIU), automobile allowance, clothing allowance, prestabilization, hospitalization, convalescence, dental, and birth defects.

For Veterans who meet certain qualifications identified below, the VA can pay Veteran Disability Compensation Benefits and/or Veteran Pension Benefits.

Call us NOW @ 1-855-282-7243 to see if you qualify.

Disability compensation is a benefit paid to a veteran because of injuries or diseases that happened while on active duty, or were made worse by active military service. It is also paid to certain veterans disabled from VA health care. The benefits are tax-free.

You may qualify for VA disability benefits for physical conditions (like a chronic illness or injury) and mental health conditions (like PTSD) that developed before, during, or after service.

The benefit amount is graduated according to the degree of the Veteran’s disability on a scale from 10 percent to 100 percent (in increments of 10 percent). Compensation may also be paid for disabilities that are considered related or secondary to disabilities occurring in service and for disabilities presumed to be related to circumstances of military service, even though they may arise after service. Generally, the degrees of disability specified are also designed to compensate for considerable loss of working time from exacerbations or illnesses.

A veteran may be eligible for disability compensation if the veteran has a service connected disability and was discharged under other than dishonorable conditions. Under certain circumstances a veteran’s dependent, surviving spouse, or child or parent of a deceased veteran may also be eligible for compensation. Call us NOW @ 1-855-282-7243.

A veteran must prove three things to demonstrate a service connected disability.

First, the veteran must have a disability at the present time that has been diagnosed medically.

Second, there must have been a disease, injury or event in the service.

Third, there must be a nexus between the current medical disability and the disease, injury or event in the service.

This means that the current medical condition must be proven to be related to or caused by the in service medical condition. The nexus may also be satisfied by disabilities that are secondary conditions, due to a disability that is service connected. 

Proving service connected disability claims with the VA is a complex, legalistic process which requires specific medical and vocational evidence and the VA’s regulations and laws are constantly changing and being updated.

Call us NOW @ 1-855-282-7243 to see if we can help you get the service connected disability benefits you deserve.

No. Disability Compensation covers any conditions that came about while the individual was on active duty, so long as the conditions are not a result of the misconduct of the individual. Veterans can be eligible who hurt themselves in normal auto or home accidents, while exercising, or while engaging in other usual activities while on active duty, even on leave. Serving in the military is a 24 hour a day job, and Disability Compensation covers all those hours.

Posttraumatic stress disorder (PTSD) is serious mental illness characterized by symptoms of avoidance and nervous system arousal after experiencing or witnessing a traumatic event.  The VA does recognize PTSD as a possible source of service connected veterans disability benefits.

However, even under the VA’s expanded regulations, it is still not sufficient to just have a diagnosis of PTSD.   Rather the Veteran must demonstrate a particular event that happened in service which has caused the veteran’s PTSD.  All veterans filing a PTSD VA disability benefits claim need to have a combat or non-combat PTSD stressor.  Lack of a service-connected PTSD stressor (either combat or non-combat) is the most common reason service connected claims for PTSD are denied by the VA.

The veteran must also demonstrate the limitations that the PTSD is imposing on the veterans life.  The amount of benefits you receive on your PTSD claim is related to what percentage rating your service connected rating is given based on the severity of your PTSD. If you are considered service-connected, you will receive a VA disability PTSD rating of 0%, 10%, 30%, 50%, 70%, or 100%.

Current, regular mental health treatment by a mental health provider for PTSD is essential to proving the legal elements of a disability claim for PTSD.  Strong medical evidence is more likely to win a PTSD VA disability benefits claim.

Call us today at 855-282-7243 for a free initial consultation to find out how we can help you with your VA disability PTSD claim.

Yes. Many veterans receiving Disability Compensation continue to work, as there are no prohibitions on obtaining and/or maintaining employment. Some difficulties may possibly arise in those relatively few cases where veterans assert they should receive the higher “Unemployable” rating and do continue to work. Call us NOW @ 1-855-282-7243.

The amount of basic benefit paid ranges, depending on how disabled the veteran is. For example, a veteran who is proven to have an 50% service connected disability would be entitled to compensation higher benefit amount that a veteran whose service connected disability was 10%. A veteran may be eligible for additional compensation amounts if the veteran has: very severe disabilities or loss of limb(s); has a spouse child(ren), or dependent parent(s); or has a seriously disabled spouse.

A war time veteran with limited income who is permanently and totally disabled or is at least 65 years old may receive a monthly pension. The disability does not have to be “service connected.” The pension benefits are needs based, and the veteran must have limited income. These pension benefits are available only to those who served during a period of war. Call us NOW @ 1-855-282-7243.

The VA application and appeal process can be long and technical, and may involve many appeals and long time delays. It is important for a veteran not to give up when denied, and to seek help immediately when denied.

FIRST – You must file a file a claim at the regional VA Office (https://www.benefits.va.gov/Roanoke/).

The address of the Virginia Regional VA office is:

Department of Veterans Affairs
Roanoke Regional Office
210 Franklin Road, S.W.
Roanoke, VA 24011

SECOND – If you receive a denial or unfavorable VA decision on your claim then you can file an appeal.

Beginning in February 2019, the VA’s Veterans Appeals Improvement and Modernization Act of 2017 (Appeals Modernization Act) came into effect.

Decision Review Process

The VA provides three options or “lanes” for review in your appeal:

Option 1: Higher-level Review

Your claim is reviewed by a more senior claims adjudicator and involves:

A higher-level de novo review (new look) of the decision

No submission of new evidence allowed

The possibility of overturning the decision based on:

A difference of opinion

A clear and unmistakable error

The reviewer, who identifies or learns of a duty to assist error, can return the claim to the regional office for correction. You or your representative can request an informal phone call to identify specific issues.

Option 2: A Supplemental Claim Lane

You can submit or identify new and relevant evidence to support your claim. VA will provide assistance in developing the evidence.

Option 3: Appeal Lane for Appeals to the Board of Veterans’ Appeals

This option allows you to appeal directly to the Board of Veterans’ Appeals. You can choose between three options:

  • Direct review: You have no new evidence and do not want a hearing.
  • Evidence submission: You have new evidence, but do not want a hearing.
  • Hearing: You have new evidence and want to testify before a Veterans Law Judge.

THIRD: If the veteran continues to disagree with the Board decision, the veteran can file an appeal with Court of Appeals for Veterans Claims.

The new appeal structure implemented by the VA is complex and not user friendly. We can help you navigate this system to help you increase your chances to getting the VA service connected benefits which you deserve. Call us NOW @ 1-855-282-7243 for a free consultation.

The VA appeal process is long, complicated, and legally technical. The Veterans Appeals Improvement and Modernization Act of 2017 (Appeals Modernization Act) which went into effect in February 2019 involves a complex, confusing array of new appeal options and regulations which have significant, lasting impact on your ability to prove your claim. 

https://benefits.va.gov/benefits/appeals.asp

Often veterans are surprised and dismayed when the VA turns down their claims. Our veteran clients are often struggling with debilitating health problems, and dealing with the legal requirements for VA disability claim appeals proves to be overwhelming. As soon a veteran receives a denial from the VA, it makes sense for the veteran to contact an attorney familiar with the technical VA appeal process to obtain a legal consultation and representation.

The law firm of Geraty, Holub & MacQueen, PLC does not charge for such a consultation. Also, when the firm represents a veteran, here are no upfront costs. If the case is not successful, the veteran does not owe an attorney fee to the firm. If the case is successful, the attorney fee typically amounts to a percentage of retroactive or past due benefits. Don’t go it alone! Call us today to see if we can help you! 1-855-282-7243

Yes. Disabled veterans found to be eligible for compensation may also be eligible for a range of other benefits.

The VA provides free medical care for every service connected condition. For example, if the veteran with a bad knee above needs to have knee replacement surgery, the VA pays for it. In many cases veterans receiving either Disability Compensation or Non-Service Connected Pension can also use the VA to receive care for conditions not related to their military service.

The surviving spouses and children of deceased disabled veterans may be eligible for various pensions and educational benefits.

Many veteran benefits have been created to care specifically for disabled veterans. Ha service connected conditions recognized by the VA may grant eligibility to other more robust benefits, such as:

  • VA Vocational Rehabilitation to retrain into a new career
  • The VA Guaranteed Home Loan Program has many benefits over traditional home loans, including usually a lower fee
  • Increased options for long term care for veterans and surviving spouses
  • Preference in government hiring
  • Additional support in starting a business

Preference for disabled veteran business owners in obtaining government services.

Call us NOW @ 1-855-282-7243 to get expert advise on your benefits claim.

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