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VETERANS' AFFAIRS
The Department of Veterans Affairs has two major functions: (1) To provide medical care for veterans and some of their dependents, and (2) To pay money benefits to veterans, including compensation to veterans for service related disabilities, compensation to widows and families of veterans, and pensions to needy, disabled veterans or their widows. We handle claims involving the latter. That is, the VA’s duty to pay money benefits.
For the purpose of entitlement to Veterans’ Benefits, the definition of a veteran is “a person who served in the active military, naval or air services, and who was discharged or released under conditions other than dishonorable.” If you meet this definition, you may be entitled to Veterans Benefits. There are two major types of VA Disability Benefits: service-connected disability compensation and needs-based, non service-connected disability pension.
Service-Connected Disability Compensation
There are three determinations that the VA will make in deciding a veteran’s claim for disability compensation: (1) whether the veteran is entitled to disability compensation, and if the veteran is so entitled; (2) the degree of the veteran’s disability (0%-100%); and (3) the effective date of the award.
In order to be entitled to service-connected disability, the veteran must show that he or she currently suffers from a disability, that there was an incident, injury, or event during the period of the veteran’s military service, and a link between the current disabiltity and the incident, injury, or event during service.
There are five ways to show service connection:
- Direct service connection:
Showing through military or service medical records that the condition was manifested or diagnosed during military service, or demonstrating, via a medical opinion, that an incident in service caused the veteran eventually to suffer from a disability.
- Service Connection Via Aggravation:
If a veteran is able to show worsening in service of a condition that preexisted service, a presumption of aggravation applies.
- Service Connection Via Statutory Presumption:
This includes chronic diseases such as arteriosclerosis, arthritis, brain hemorrhage, cirrhosis of the liver, diabetes, epilepsy, leukemia, psychosis manifesting within one year of discharge; tuberculosis and leprosy manifesting within three years of discharge; multiple sclerosis manifesting within seven years of discharge; tropical diseases such as cholera, dysentery, malaria, of filariasis manifesting within one year of separation of service; for POWs, manifestation at any time diseases common among prisoner’s of war; for Persian Gulf Veterans who exhibit either a medically unexplained chronic multi-symptom illness or an objective indication of a chronic undiagnosed disability manifested by one or more signs or symptoms; Radiation exposed veterans; Vietnam Veterans who have conditions linked to exposure to Agent Orange.
- Secondary Service Connection:
Where a service-connected condition causes or aggravates a second condition, not otherwise service connected. It is not relevant how long after service the secondary disorder manifested itself.
- Disability Caused By VA Medical Treatment or Vocational Rehabilitation:
Disability caused by VA medical care or vocational rehabilitation may be treated “as if” it is connected to service.
Once service connection is established, the VA must determine the appropriate percentage of disability using the VA disability rating schedule. Determining the appropriate percentage of disability involves determining the correct diagnosis and assignment of the correct diagnostic code; determining symptomatology; comparing symptomatology of the service connected condition against the appropriate diagnostic code in the VA rating schedule; percentage of disability is designed to reflect the average impairment in earning capacity caused by the disability; and in case of multiple disabilities, percentages are not added arithmetically, but combined via the rating schedule. The percentage of disability determines the monthly benefit.
The effective date of the award of disability compensation is usually, but not always, the date the claim is received by the VA.
Needs-Based, Non-Service-Connected Disability Pension
A pension is money paid as the result of any total disability which renders a veteran in financial need. The disability need not be service connected. Pensions are needs based welfare and are substantially less than compensation. Pensions are only available to veterans who served during a period of war. A pension is paid in a flat amount, less offsets for any other income, including Social Security. Veterans whose income is below the national poverty level generally qualify.
How do I apply for VA Benefits?
You may apply for benefits online click here or you may call your VA Regional Office at 1-800-827-1000. Additionally, you may obtain necessary forms in which to file an application at http://www.va.gov/vaforms/.
If you have been denied, call us.
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