Finding Your Way Through the VA Benefits Process
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by: albert.tobega
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There are many veterans in our country that have no idea that they could be receiving benefits. Some veterans feel that they do not have any reason to receive benefits and others upon being discharged would rather leave that life behind. Plus, the laborious, seemingly endless application process can seem too daunting even to give it a try. If you are a veteran and you have a disability or injury this is something you should look into, you have earned these benefits.
Q: How do you know if you could be receiving benefits? Who is qualified to receive benefits?
A: There are three key factors in determining if you might be eligible to obtain VA 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. Second, you must have a current disability, either caused by your time in the service or a disability that you had going into the service and it was aggravated or made worse by your time in the 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.
An example is, if you were on leave from active duty and vacationing with your family and while skiing you fell and broke your leg or injured your knee. Today, even though many years have passed, the problem caused by that old injury is only getting worse, and you will soon need surgery to have the knee replaced. Though it may not seem like it, this injury itself is service connected, as you were on active duty when the accident or illness occurred, even though you were on leave. And in addition to the surgery, the incident has caused other problems that you need taken care of.
Q: But how will receiving benefits from Veteran Affairs really help me?
A: If you are successful in being service connected for your disability you could receive a monthly benefit and you become eligible for medical care at your local VA facility. 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: Veteran Affairs uses a rating schedule that uses the severity of your disability to tell them what percentage service connected disability to award you. Rather than using math to determine these percentages, they use a rating chart to give you a total final percentage, or rating. 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: My cousin has obtained a 65% service connection for the exact same disability I have. Why?
A: This happens because Veteran Affairs determines all service connection percentages individually, based on the severity of a veterans 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: You can. VA service connected disability benefits are not like Social Security Disability benefits in this respect. If you are granted service connection for a disability that is not keeping you from working then you can still work and receive benefits. Your disability benefits are not reduced or annulled if you are earning an income.
Q: Can I obtain benefits from both Social Security Disability and the Dept. of Veteran Affairs? A: Yes, 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 husband/wife was in the service and receiving VA service connected disability benefits but they have passed. Can I receive their benefits?
A: In some cases, yes, benefits are available for children and spouses who survive a deceased veteran. However, every case is different, and you need to be sure to speak to a professional before moving forward.
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 Regional Offices in every state and there are organizations set up to assist the veterans at no cost to you. 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 employ a lawyer to help me?
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 am already receiving VA service connected disability benefits, can I receive anything else?
A: The answer to this question will depend on your situation. If, for instance, your service connected disability has grown in severity since you began receiving benefits, you can apply for an increase in your percentage or rating, which will also increase the amount of your monthly benefits. 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. Veteran Affairs also provides additional benefits to those veterans who, due to their service connected disability, are mostly homebound and cannot care for themselves. This is called homebound compensation. This is an option to consider if you feel you need assistance to care for yourself.
Because each claim is different, getting the benefits that you are entitled to can be a complex and confusing process. 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 you are a veteran and you were injured in any way or your disabilities that you had before going into the service were aggravated in any way please look into your options. You served for our country and you may be entitled to veterans benefits.
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