Veteran Disability

Veteran Disability 2017-10-12T05:56:46+00:00

VETERAN DISABILITY BENEFITS/COMPENSATION

We offer the services of a Veterans Administration Accredited attorney to help you get Veteran Disability Benefits at no cost to you.

If you are military veteran with a service-related disability or injury, you may be eligible for Veteran Disability Benefits if you have a service-related disability and you were discharged under other than dishonorable conditions.

These benefits are paid to veterans who have injuries or diseases that happened while on active duty, or were made worse by active military service. It is also paid to certain veterans disabled from VA health care. These benefits are tax-free.

Benefit Description:

Disability Compensation (commonly referred to as Veteran Disability Benefits) is tax free financial compensation paid to Veterans with disabilities that resulted from disease or injury that happened while on active duty, or were made worse by active military service. Compensation may also be paid for post-service disabilities that are considered related or secondary to disabilities occurring in service and for disabilities presumed to be related to circumstances of military service, even though they may arise after service. Generally, the degrees of disability specified are also designed to compensate for considerable loss of working time from exacerbations or illnesses.

Veterans can receive both Social Security Disability and Veteran Disability benefits.

Eligibility:

To be eligible for this type of Veteran Disability Compensation,

  1. Your disability or injury must be service-connected.
  2. You must also have separated or been discharged from service under other than dishonorable conditions.
  3. Your disability must be the result of an injury or disease that was caused or made worse while on active duty or active duty for training; or from injury, heart attack, or stroke that occurred during inactive duty training.

A disability can be physical such as chronic back pain or mental such as PTSD (post- traumatic stress disorder).

The benefit amount is determined by the degree of the Veteran’s disability on a scale from 10 percent to 100 percent (in increments of 10 percent). The amount of basic benefit paid ranges from $133 to over $3,300 per month, depending on the level of disability and number of dependents.

Application Process:

You can apply for benefits:

  • Online using eBenefits, OR
  • Work with an accredited representative or agent, OR
  • Go to a VA regional office

For either process, you must provide:

  • Discharge or separation papers (DD214 or equivalent)
  • Medical evidence (doctor and hospital reports)
  • Dependency records (marriage and children’s birth certificates)

Types of Benefits Available:

  1. Disability Compensation is a tax free monetary benefit paid to Veterans with disabilities resulting from a disease or injury caused or aggravated during active military service.
  2. Dependency and Indemnity Compensation (DIC) is a tax free monetary benefit generally payable to a surviving spouse, child, or parent of Servicemembers who died while on active duty, active duty for training, or inactive duty training or survivors of Veterans who died from their service-connected disabilities. DIC for parents is based on income.
  3. Special Monthly Compensation (SMC) is an additional tax-free benefit that can be paid to Veterans, their spouses, surviving spouses and parents.

VETERAN RETIREMENT and PENSION BENEFITS:

Retirement Benefit:

A military retirement is a benefit provided to military service members that start from the day you retire, no matter how old you are. Twenty years on active duty — or equivalent time spent in what is known as “qualifying service” as a reservist — is the basic eligibility requirement for military retirement. Service members who reach 20 years of active or qualifying reserve service can receive retired pay that increases each year through a cost-of-living adjustment.

The Uniformed Services Former Spouse Protection Act (USFSPA) permits state courts to apply the family law principles of their particular state when deciding how to divide military pensions in divorce. In South Carolina, family courts will typically give the spouse of a military veteran half of military retirement benefits earned during the time that the spouses were married and the veteran served in the military. For example, if the veteran served for 20 years and was married to the spouse for 8 years of service, the spouse is entitled to 50% of the benefits accumulated for the 8 year period that the spouses were married and the veteran served in the military.

Pension Benefit:

VA offers two general Pension benefit programs:

  1. Veterans Pension: Tax-free monetary benefit payable to low-income wartime Veterans.
  2. Survivors Pension: Tax-free monetary benefit payable to a low-income, un- remarried surviving spouse and/or unmarried child(ren) of a deceased Veteran with wartime service.

Pension benefits are needs-based and your “countable” family income must fall below the yearly limit set by law. Veterans must have at least 90 days of active duty, including one day during a wartime period. If the active duty occurred after September 7, 1980, you must have served at least 24 months or the full period that you were called up (with some exceptions).

You must also be:

  • Age 65 or older with limited or no income, OR
  • Totally and permanently disabled, OR
  • A patient in a nursing home receiving skilled nursing care, OR
  • Receiving Social Security Disability Insurance, OR
  • Receiving Supplemental Security Income

The Veteran must have met the service requirements above for surviving spouses and children applying for the Survivors Pension.

Call today for a FREE consultation with a VA accredited representative. While the process can take years for approval, we will work with you through the entire process and will not stop fighting for your benefits.