- You are a veteran of a branch of the
United States Armed Services.
- You are currently suffering from a
physical or mental impairment.
- Your impairment began while you were on
active duty OR the impairment was aggravated while you were on active duty.
- You were discharged under conditions other
than dishonorable.
How Much Would I Be Entitled To?
Veterans’ compensation benefits are paid based
on the percentage of disability caused by one or more impairments. Percentages
of impairments range from 0% to 100% in increments of 10. Not all impairments
carry the full range of percentage of disability. As your percentage of
disability increases, the amount of your monthly benefit increases also. If you
have more than one impairment and each impairment has a separate percentage,
these will be combined for a total percentage of impairment, they are not simply
added together.
If the Veterans Administration determines that
you have 100% disability or that you are unemployable, you will be entitled to
the current maximum benefit rate.
If I’m Receiving Military Retirement, Can
I Receive Compensation Benefits Too?
Generally, no. There may be certain
circumstances in which you would be entitled to both. However, this varies on a
case to case basis.
If I’m Receiving Social Security
Disability Insurance, Can I Receive Compensation Benefits Too?
Yes. If you have been declared disabled by the
Social Security Administration and are receiving disability insurance benefits
based on your earnings record, you can received veterans’ compensation benefits
at the same time. You will probably not be eligible for both Supplemental
Security Income and compensation benefits because the amount of your
compensation benefits will probably disqualify you for Supplemental Security
Income.
Pension Benefits
What Are Pension Benefits?
Pension benefits are paid to veterans who have
impairments that are NOT related to their service in the United States Armed
Services. These benefits are paid to veterans who have served in periods of war
and have very low income and very little assets.
Do I Qualify for Pension Benefits?
You may be eligible for Pension Benefits if all
of the following apply to you:
- You are a veteran of a branch of the
United States Armed Services
- You served during a period of war
- You are currently suffering from a
physical or mental impairment
- Your impairment is or is expected to be
total and permanent
- You are in financial need
How Much Would I Be Entitled To?
Your monthly payment would be based on how much
income you currently have. If you your income is too high or the value of your
assets is too high, you may not be eligible.
Dependent and Indemnity Compensation
What Is Dependent and Indemnity
Compensation?
If you are a qualifying family member of a
deceased veteran, you may be entitled to on-going benefits if the veteran died
as a result of a service-connected condition.
Other VA Provided Benefits
- Educational Loans
- Health Care
- Burial-Related Benefits
- Vocational Rehabilitation
- Home Loan Guaranty
- Life Insurance
THE PROCESS
Step 1: File a claim for benefits with your
regional VA office. In North Carolina, the regional office is located in
Winston-Salem and can be reached toll-free at 800-827-1000. You can also file an
application
online.
Step 2: If you are denied you must submit a
letter stating that you disagree with the decision made by the VA. VA will then
prepare a statement of your case in which they will explain the basis for the
decision.
Step 3: Once you’ve received your statement of
the case, you must file a formal appeal form with your regional office within 60
days of receiving the statement of the case and within one year of receiving
your initial denial.
Step 4: Once you’ve appealed your denial, your
case is transferred from your regional office to the Board of Veteran’s Appeals
(BVA) in Washington, D.C. This board will decide whether the regional office
made the right decision or not, or whether more development is needed to reach a
proper decision.
Step 5: If the BVA affirms the decision of the
regional office, you have the option to request a reconsideration of the Board’s
decision. You should request this within 120 days of the denial date. You also
have the option to go ahead and appeal your case to the Court of Appeals for
Veteran’s Claims (CAVC). You must submit this appeal within 120 days of the date
of the BVA’s decision.
Step 6 and onward: If the CVAC denies your
claim, you have the option to appeal to the Federal Circuit Court. It is
difficult, though possible, to win a claim once it has reached this level of
appeal.
THE ATTORNEY
You should consult an attorney before moving
forward in your claims process. There are many provisions and requirements
within the regulations set forth by the Department of Veteran’s Affairs that you
may not be aware of. An attorney can help you receive the maximum benefits to
which you are entitled and that you have well-prepared arguments when fighting
for your benefits. It also assures that you do not miss any important deadlines.
Currently, an attorney cannot charge a fee to
represent a veteran until the veteran receives a denial from the Board of
Veteran’s Appeals. However, our firm is currently willing to represent veterans
who have been denied at the initial level for no fee. All cases will be
individually evaluated for possible representation.
Please Note: The information provided here is
solely for informational purposes and should not be taken as legal advice. If
you have questions regarding a claim, you should contact an attorney as soon as
possible to avoid losing your right to appeal or your right to benefits. | 
