Veterans Disability Litigation: A Simple Definition

What Is Veterans Disability Compensation?

The Department of Veterans Affairs (VA) provides compensation based on the degree of your disability resulting from service or disabilities. VA Regional Offices review a combination 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 in bed, are worthy of higher compensation. These are referred to as Special Monthly Compensation (SMC).

Eligibility

VA disability compensation is a tax-free financial benefit given to those who are eligible veterans disability attorneys and their spouses and children. The amount of the benefit is determined by the condition of the veteran and the extent of disability, based on the schedule approved by Congress.

To be eligible for benefits, a person must have suffered an in-service injury, illness or event that caused or made worse an illness or condition that falls within the definition of being service-connected. You can get disability compensation if you had a pre-existing condition, but it has to be established that the illness, injury or event took place in service.

The degree of the condition is assigned a percentage that is used to calculate the amount they could receive in monthly benefits. The rating is based on an internal review of treatment records and VA records and private medical records regarding the condition.

The rating system also takes into account whether or if the person is unable perform "substantially profitable" work. It is essential to remain in contact with the VA about any exams they require, and that you attend the exams at the correct time. Failure to do so could affect your case in a negative way.

Benefits

Veterans who have conditions that affect them on a daily basis and are connected to military personnel can receive compensation payments. These are tax-free monetary benefits.

The amount of compensation you receive will be based on the condition you suffer from. You may be eligible for compensation when you have one disability or multiple disabilities. If you have multiple disabilities, your rates are combined according to a formula which is based on each disability.

You could be eligible for additional benefits such as Dependency and veterans disability law firms indemnity Compensation (DIC), or Special Monthly Compensation. DIC is given to the spouses, children or parents of veterans who have passed away in active duty, training or due to a disability related to service. SMC is amount based on the need for assistance and attendance to disabled veterans, their spouses and children.

The SHA grant program provides financial aid to disabled veterans who want to modify their homes to continue treatment and provide accessibility. Modifying their current home or purchasing a new home that is specifically designed to accommodate disabilities, are all possibilities. This is a federally regulated program that does not require an VA decision or an SSI/SSDI decision.

Rates

The VA can pay you anywhere from 100 percent to 0% of your disability compensation depending on the severity and duration of your injury or illness. The purpose of this compensation is to help you pay for the time your disability hinders you from working. It does not include dependent's compensation or other benefits.

The VA will examine your current medical condition and any evidence that suggests any connection between your illness or injury in service and your current medical condition. They use a scale to rate disabilities, and each one is assigned a percentage of how healthy you would be with no disability. If your medical condition was classified as being 10% disabling, your combined rating will be 10% of 100%.

The compensation rates are reviewed annually. Each year, the VA raises its payments to reflect increases in Social Security cost-of-living adjustments. These annual adjustments are linked to the amount veterans receive for a certain service-connected disability. They are tax-free. The 2023 Disability Rate Chart outlines the monthly amount of compensation based on the severity of your disability and the size of your household. It also shows a breakdown of dependents.

Requirements

If you suffered injury or suffered illness during active duty, you could be eligible for disability benefits. This includes conditions like tinnitus that resulted from exposure to gunfire or the loss of a limb due to an IED explosion. Spouses and children of veterans Disability Law Firms could also be eligible for veterans disability law firms Dependency and Indemnity Compensation (DIC) in the event that they die due to service-related causes.

To get these benefits, you must meet the medical nexus requirements. If you've been afflicted by a twisted ankle since boot camp, say, you may qualify as being disabled.

You must also be a veteran with an official discharge that is not dishonorable. A discharge that was based on intentional misconduct will not allow you from receiving benefits, but most other types of discharges will still allow you to receive veterans compensation. You must also be suffering from a disability which affects your ability to remain in a high-paying job.

Timeframe

The VA must determine the medical condition of a claimant is in line with the requirements of disability benefits with a connection to service before it can award compensation. The process takes time, because the VA gathers and analyzes evidence from various sources. This includes testimony from friends and relatives about the impact disability has on the claimant's ability work and their daily life and opinions from medical experts.

Depending on how severe a medical condition is, it could take VA months to determine if there is a connection between the disability and military service. It could also take longer to schedule and conduct a physical assessment or Compensation and Pension (C&P) exam in cases where the claim is complicated.

It's essential that claimants provide all evidence requested as fast as they can. This helps to speed the process of deciding. If the VA decides a claimant is eligible for disability benefits then they will receive an Assessment Decision with a list of their service-connected disabilities as well as a rating and an effective date. It may take few months for veterans to start receiving monthly disability checks.