VA Disability Benefits

HARDISON AND ASSOCIATES

OPERATION: HELPING HAND

THE BENEFITS

Compensation Benefits

What are Compensation Benefits?

Compensation benefits are benefits paid to veterans by the U.S. Department of Veteran’s Affairs to compensate for ongoing physical or mental injuries that began or were made worse in connection with service in the United States Armed Services.

Do I Qualify for Compensation Benefits?

You may be entitled to veteran’s compensations benefits if all of the following apply to you:

1. You are a veteran of a branch of the United States Armed Services.
2. You are currently suffering from a physical or mental impairment.
3. Your impairment began while you were on active duty OR the impairment was aggravated while you were on active duty.
4. 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:

1. You are a veteran of a branch of the United States Armed Services
2. You served during a period of war
3. You are currently suffering from a physical or mental impairment
4. Your impairment is or is expected to be total and permanent
5. 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.