Navigating the Tricky Seas of VA Benefits
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by: albert.tobega
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Date: Sun, 24 Aug 2008 Time: 4:17 AM
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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. 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. 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. 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. Because of the injury you now need a knee replacement or surgery, even if its years later. This can be service connected because while you were in the service you had an accident, incident, or illness. 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: 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 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 is due to the fact that the VA rates everyone separately depending on the severity of their 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 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 obtain benefits from both Social Security Disability and the Dept. of Veteran Affairs? 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 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: 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." 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: 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. You should contact a local attorneys 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: This depends on your situation. If you have a service connected disability and it has gotten worse, you can request for an increase in your rating which would result in higher benefits if a higher rating is granted. 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 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. 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 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.
Every veterans 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. 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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