VA Pension and Compensation

 A Veteran who served on active duty and received an honorable or general discharge is entitled to monthly, nontaxable benefits.

The United States Department of Veteran’s Affairs has two disability programs:

• Service Connected Disability Compensation-- Disability compensation is for Veterans who have disabilities caused by or aggravated by military service:

1.      The veteran must have a current disability.
2.      The injury or event experienced during service caused or aggravated the disability.
3.      There is a causal connection between the current disability and military service.

• Non-Service Connected Disability Pension—Disability pension is for Veterans who have disabilities not connected to their military service.

Disability Compensation

VA determines service connection and rates the severity of disability using a percent scale from 0% to 100%.  The disability must receive a rating of at least 10% to receive monthly payments and at least 30% to qualify for benefits for dependent spouse, children, or parent.  The amount of compensation depends on the type and rating of disability and the number of dependents.

The Veteran’s disability may affect their ability to work and earn a living, the rating percentage is designed to compensate the Veteran for the average loss of earning capacity caused by the service connected disability.

A Veteran rated at 0% will not receive compensation, but if the injury or disease worsens over time, the Veteran may file a claim to increase the rating.  Compensation benefits are also payable for injuries or illnesses caused or worsened by a Service Connected Disability.  Secondary Service Connections require medical opinions linking the injury or illness to the existing Service Connected Disability.

Special Monthly Compensation for Severely Disabled Veterans

Special Monthly Compensation is a monthly benefit payable in addition to the basic scheduled compensation rate.  The amount depends on the nature and severity of the disability.  Special Monthly benefits are given to Veterans whose Service Connected Disabilities include:

• Loss of hand or foot, or loss of use of extremities
• Immobility of a joint or paralysis
• Blindness in one eye that allows only for light perception
• Loss or loss of use of a reproductive organ
• Loss or loss of use of both buttocks
• Deafness in both ears
• Loss of ability to speak
• Loss of tissue from one or both breasts from mastectomy or radiation therapy
• Complete loss of bowel or bladder control
• Any injuries or illnesses which cause a Veteran to be housebound or in need of regular aid and attendance

Individual Unemployability Benefits

Veteran may qualify for Individual Unemployability Benefits even though the VA has not rated the Service Connected Disability at 100%, if the Veteran is unable to work as a result of the Service Connected Disability.

In order to be eligible for Individual Unemployability, Veterans must be unable to maintain substantially gainful employment as a result of the Service Connected Disability and

·   Have a single service-connected disability rated at 60% or more,

                         OR

      ·  Two or more Service Connected Disabilities rated with one disability rated at 40% or more with a combined rating of 70% or more.

Special consideration may be given to Veterans who are considered unemployable due to the Service Connected Disability but fail to meet the minimum percentage standards when there is evidence of exceptional or unusual circumstances affecting their ability to work due to Service Connected Disability.

VA Survivor Benefits

VA Survivor Benefits include:

• Payment of deceased’s burial costs
• Dependency and Indemnity Compensation (DIC) if the death was service-related
• Veteran’s death pension, a need-based pension
• Survivors Group Life Insurance (SGLI)
• Financial Counseling Services (BFCS)
• Home loans
• Education benefits, if Veteran’s death was service-connected
• Bereavement counseling

Survivors must apply for Survivor Benefits.  Need-based benefits require applicants to determine their assets and income.  Spouse benefits are usually limited to husbands and wives who have not remarried and are under a specific age.

Claim Denial

When a claim is denied, an appeal is better for the Veteran than filing a new application.  An appeal ensures retroactive benefits date back to the filing of the initial claim for benefit.  Whereas retroactive benefits will date back to the filing of the second application if a new application is filed after the initial claim is denied.

Appeals

Attorney’s fees are one-fifth contingency of past due benefits and only payable if claims are awarded. Veterans may file appeals for:

• Denial of Service Connection
• Request for higher ratings
• Request for earlier effective date
• For clear and unmistakable error
• Individual Unemployability
• Section 1151 claims for Veterans who have suffered additional disability because of VA hospital error

Presumptive List

VA automatically presumes certain health problems are linked to certain deployments and exposures to certain toxins, poisons, and gases.  The VA will grant automatic Service Connection in these cases.

The information provided should in no way be considered legal advice.  The accuracy of any legal information provided is not guaranteed.  Please seek professional help if there are concerns about specific legal issues.

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