VETERAN'S DISABILITY BENEFITS
The United States of Veteran Affairs offers
benefits for those with disabilities as a result of their
military service. They also offer a pension for disabled wartime
veterans but only if they have limited income and are disabled
or over 65 years of age. The U.S. Department of Veteran Affairs
offers many other benefits for veterans, service members and
their families. Visit the VA website to see all of the benefits
available, you.
Eligibility
Who Is Eligible You may be eligible for VA benefits if you
are: ? a veteran ? a veteran's dependent ? a surviving spouse,
child or parent of a deceased veteran ? an active duty military
servicemember ? a member of the Reserve or National Guard.
Also you may be eligible if: · you were discharged from service
under conditions other than dishonorable, AND · you served
at least 90 days of active military service 1 day of which
was during a war time period. If you entered active duty after
September 7, 1980, generally you must have served at least
24 months or the full period for which called or ordered to
active duty (There are exceptions to this rule), AND · your
countable family income is below a yearly limit set by law
(The yearly limit on income is set by Congress), AND · you
are age 65 or older, OR, you are permanently and totally disabled,
not due to your own willful misconduct.
Veteran Compensation Benefits
VA can pay you monthly compensation if you are at
least 10% disabled as a result of your military service.
Three Part Test
Three Part Test To get VA compensation benefits for service
connected disability, there is a three part test:
1. You must have a disability at the present time that has
been diagnosed medically;
2. There must have been a disease, injury or event in the
service.
3. There must be a nexus, which means the current medical
condition is related to the in-service medical condition.
This includes any medical condition that was caused by the
present medical condition.
Veteran Pension Benefits
Pension is a benefit paid to wartime veterans who have limited
or no income, and who are age 65 or older, or, if under 65,
who are permanently and totally disabled. Veterans who are
more seriously disabled may qualify for Aid and Attendance
or Housebound benefits.
Veterans Administration Process
1. File a VA claim at a regional VA Office.
2. If the results of the Rating Decision are not acceptable
then,
3. Notice of Disagreement can be filed. After the VA receives
the Notice of Disagreement, the VA may ask the veteran if
he/she would like the case re-reviewed.
4.The veteran can now request a hearing. This hearing would
be held by a hearing officer.
5. If the decision is still unacceptable, he/she can file
an appeal with the Board of Veteran Appeals before an Administrative
Law Judge. This may take up to two years.
6. The next step is to file an appeal with the Court of Appeals
for Veterans Claims.
7. The Court of Appeals for the Federal Circuit is the last
appeal.
Attorneys and Veterans Disability Benefits
As of May 4, 2006, Senator Craig and NVLSP agreed
that veterans should have the right to hire their own attorney
to represent them for benefits before the Veterans Administration.
Prior to this recently legislation, attorney's have been prohibited
from charging a fee to represent veterans at the administrative
level.
How The Attorney Is Paid
An attorney cannot charge a fee for representing a disabled
Veteran unless approved by the DVA or Court of Appeals for Veterans
Claims. Contingency fees are limited to 20% of past due benefits
by the US Code and DVA regulations. Most attorneys charge a
percentage or "contingency" fee of 20 percent because
most disabled Veterans cannot afford an attorney until benefits
are awarded. A contingency fee means no attorney fee is owed
if benefits are not awarded, however, most attorneys charge
actual office expenses (such as doctor charges for medical records)
even if the case is lost. The DVA may withhold 20% of past due
benefits for the attorney is disability cases. The claimant
is expected to pay the attorney 20% if the DVA fails to withhold
benefits. After winning benefits, the attorney is not entitled
to further fees for future benefits. Veterans Administration
Web Site.
Why should a disabled Veteran
hire an attorney for a Veteran's disability case?
