Guide To Veterans Disability Litigation: The Intermediate Guide In Veterans Disability Litigation

What Is Veterans Disability Compensation?

The Department of Veterans Affairs awards compensation based upon the degree of your service-related disability or impairment. VA Regional Offices examine the results of records from service treatment, private medical records, and other relevant information.

Certain serious injuries, such as losing a leg, becoming blind in both eyes, or hospitalized, merit higher compensation. These are known as Special Monthly Compensation (SMC).

Eligibility

VA disability compensation is a tax-free financial benefit given to eligible Veterans spouses, spouses, and children. The amount of the benefits is determined by the condition of the Veteran, and their degree of disability based on the guidelines set by Congress.

To be eligible for benefits, you must suffer an injury while in service, illness or event that caused or made worse medical condition that is within the definition of being service-connected. Disability compensation is available even if you already have a condition, but it must be established that the injury, illness, or event occurred in service.

The severity of a person's illness is rated by a percentage which is used to calculate the amount they can receive in monthly benefits. This rating is determined by an internal review that analyzes an array of treatment records, VA and private medical records that are related to the condition.

The rating system also considers whether the person is not able to perform "substantially gainful" work. It is important that you remain in contact with the VA regarding any tests they require, and also that you take the exams promptly. In the event of not doing so, it could have a negative impact on your case.

Benefits

Typically veterans who are connected for conditions that affect their daily activities can be eligible for compensation payments to help offset their loss. These are tax-free benefits for monetary compensation.

The amount of your compensation will be determined by the severity of your disability. You may be eligible for compensation if you have one disability or multiple disabilities. If you suffer from more than one disability, your rates are combined using formulas that take into consideration the specific condition.

You may be entitled to additional benefits like Dependency and Indemnity Compensation (DIC) or Special Monthly Compensation. DIC is paid to spouses, children, or parents of deceased veterans who have died during active duty or training, or as a result of an injury related to service. SMC is paid based on the need for assistance and attendance to disabled veterans, their spouses and children.

The SHA grant program offers financial aid to assist disabled veterans to modify their homes for continued treatment and accessibility. This can include modifying their existing home or purchasing a new house specially made to accommodate their disability. This is a federally regulated program that does not require a VA decision or an SSI/SSDI decision.

Rates

The VA will pay between 0% to 100% of the disability compensation you receive based on the severity and duration of your illness or accident. This compensation is intended to compensate you for the time when your disability prevents you working. It does not include dependent's allowance or other benefits.

The VA will review your current medical condition and any evidence that suggests any connection between your illness or injury during service and your current condition. The VA employs a scale for rating disabilities. Each disability is assigned a percent of how healthy you'd be if you didn't have the disabling condition. For instance, if your medical condition is judged to be 10 percent disabling, then your combined rating would be 10% of 100% (the "healthy" percentage).

The rate of compensation is reviewed each year. The VA increases its payments each year to reflect the rise in Social Security cost of living adjustments. These annual adjustments are correlated to the amount that veterans receive for a certain service-connected disability. These adjustments are tax-free. The 2023 disability rate chart shows the monthly compensation payments depending on your disability score and household size, including the breakdown for dependents.

Requirements

You could be eligible for compensation for disability if you were injured or became sick while on active service. This includes conditions such as tinnitus, which developed after exposure to gunfire, or loss of limb caused by an IED explosion. Children and spouses of veterans disability law firms could also be eligible for Dependency and Indemnity Compensation (DIC) when they die from service-connected causes.

You must satisfy the medical nexus requirement in order to be eligible for these benefits. If you've been affected by a bent ankle since boot camp, for instance you could be deemed to be having a disability.

You must also be a veteran and possess a valid discharge that was not dishonorable. You won't be qualified for benefits if your discharge included willful infractions. However, most other discharges will qualify you for compensation for veterans. In addition, you must have an impairment that hinders the ability of you to sustain a profitable employment.

Timeframe

The VA must determine the medical condition of a claimant meets the criteria of disability benefits that are connected to service before it can pay compensation. The process can take time, as the VA collects and examines evidence from a variety of sources. This includes statements from friends and relatives about the impact disability has on the claimant's ability work and live as well as opinions from medical experts.

Based on the severity of the medical condition is it could take VA months to determine whether there is a connection between the disability and military service. It may take longer to schedule and conduct a physical evaluation, or Compensation and Pension (C&P) examination in the event that the claim is complicated.

It's essential that claimants provide all requested evidence as soon as possible. This will speed up the decision-making process. If the VA determines that a claimant is eligible for disability benefits, the Rating Decision will be sent to them. This includes a list of their service-connected disabilities and a rating, and also an effective date. Veterans will not receive monthly disability checks for a period of months.