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

What Is Veterans Disability Compensation?

The Department of Veterans Affairs awards compensation based upon the severity of your service connected disabilities or disability. VA Regional Offices review a combination of records from the treatment process, private medical records, and other relevant information.

Some serious injuries, such as loss of a leg, blindness in both eyes or being bedridden and require higher compensation. These are referred to as Special Monthly Compensation (SMC).

Eligibility

VA disability compensation is a tax-free monetary benefit given to eligible Veterans, spouses, and children. The amount of the benefit is determined by the medical condition of the veteran and their level of disability as per the schedule established by Congress.

A person may be eligible for benefits when they have suffered an injury, illness or event that has caused or worsened an illness which is service-related. It's possible to get disability compensation for conditions that preexisted your service, however you must show that there is a direct connection between them and the in-service injury, illness or incident.

The severity of the illness is determined by a percentage. This is used to calculate how much a person can receive each month. This rating is based upon an internal review of treatment records and VA records as well as private medical records related to the condition.

The rating system will also consider whether or not a person is not able to perform "substantially lucrative" employment. It is essential to remain in contact with the VA regarding any examinations they request and to attend the examinations on time, as the absence of doing so could affect your case.

Benefits

Typically, veterans who are service-connected for conditions that affect their daily functioning may be eligible to receive compensation to compensate for their losses. These are tax-free benefits for monetary compensation.

The amount you receive will depend on the severity of your disability. You can receive compensation for one disability or for multiple disabilities. If you suffer from more than one disability, your compensation will be combined by a formula that considers the specific condition.

You could be eligible for additional benefits, such as Dependency and Indemnity Compensation (DIC) or Special Monthly Compensation (SMC). DIC is paid to children, spouses, or parents of deceased veterans who passed away while on active duty or during training, or as a result of an injury related to service. SMC is paid to disabled veterans disability law firm and their children and spouses in accordance with the need for aid and attendance.

The SHA grant program offers financial assistance for disabled veterans who wish to modify their homes in order to continue treatment and provide accessibility. Modifying their current home or purchasing a home that is specifically designed to accommodate disabilities, are all options. This is a federally funded program and does not require an VA decision or an SSI/SSDI affidavit.

Rates

The VA could pay you from zero to 100% of the disability compensation you receive based on the severity and length of your condition or accident. The purpose of this compensation is to compensate you during the time when your disability makes it impossible to work. It does not include dependent's compensation or other benefits.

The VA will examine your current medical condition, as well as any evidence indicating an association between your illness or injury sustained in service and your current medical condition. They use a scale to evaluate disabilities. Each one is assigned a percentage of how healthy you would be if you did not have the handicapping condition. For instance, if your medical condition is rated as 10 percent disabled, then your total rating would be 10% of 100% (the "healthy" percentage).

The rate of compensation is reviewed each year. Each year the VA raises its payments to reflect the increase in Social Security cost-of-living adjustments. These adjustments are tax-free and are tied to the amount veterans receive as a result of an illness that is connected to service. The 2023 Disability Rate Chart outlines the monthly amount of compensation based on your disability and the size of your household. It also includes an overview of dependents.

Requirements

You could be eligible for compensation for disability if you were injured or became sick while on active duty. This includes conditions such as tinnitus that developed from exposure to gunfire or loss of a limb because of an IED explosion. Children and spouses of veterans could also receive Dependency and Indemnity Compensation (DIC) if they die from causes related to their service.

To get these benefits, you must meet the medical nexus criteria. If you've been affected by a twisted ankle after boot camp, say you could be deemed to be having a disability.

You must be a veteran with an original discharge that was not dishonorable. A discharge that reveals willful misconduct can prevent you from getting benefits, but most other types of discharges permit you to claim veterans compensation. You must also be suffering from a disability that affects your ability to keep a job that is substantial and lucrative.

Timeframe

The VA must determine whether a claimant's medical condition is in line with the requirements of disability benefits that are connected to service before it can award compensation. The VA must collect and analyze evidence from various sources. This process can take a long time. This includes statements from family and friends about the impact of a disability on a claimant's life and veterans disability work ability, as well as the opinions of medical experts.

Depending on how serious a medical condition is, it could take VA months to determine whether there is a link between the disability and military service. It could take longer to schedule and conduct a physical assessment, or Compensation and Pension (C&P) examination in cases where the claim is complex.

It's essential that claimants provide all requested evidence as quickly as possible. This will speed up the decision-making process. If the VA decides that a claimant qualifies for disability benefits, a Rating Decision will be mailed to them. This includes the list of their related service disabilities and a rating, along with an effective date. It can then take a few months for veterans to start receiving monthly disability checks.