Obtaining VA Benefits

07/26/08

Many American veterans are unaware of the fact that they might be eligible to receive benefits. While some feel like leaving the past behind them, so to speak, others do not even realize that there may be reason for them to receive benefits. Obtaining benefits from the VA can sometimes be a difficult and long process that sometimes does not seem worth the effort. If you are a veteran and you have a disability or injury this is something you should look into, you have earned these benefits.

Q: How does a veteran know if he or she should be getting benefits? Who is qualified to receive benefits?

A: There are three key factors in determining if you might be eligible to obtain VA service connected disability benefits. The first is that you must have done service with either the Army, the Navy, the Marines, the Air Force, or the US Coast Guard. Secondly, you must currently suffer from a disability which began during your years of service, or began before hand and was worsened by doing service. There is a wide range of these sorts of disabilities, to some types of cancer, to breathing problems, to other disabilities that originated from or were affected by your service. Third, you have to be able to connect your current disability to your time in the service.

A good illustration of this kind of injury is if you injured your knee while hiking with your some friends while on leave from active duty. Today, even though many years have passed, the problem caused by that old injury is only getting worse, and you will soon need surgery to have the knee replaced. This can be service connected because while you were in the service you had an accident, incident, or illness. And in addition to the surgery, the incident has caused other problems that you need taken care of.

Q: Why should I obtain VA service connected disability benefits, how will it help me?

A: Like this: if you do obtain benefits, you can receive monthly monetary benefits, as well as eligibility to use the VA hospital and medical facilities. The amount of your monthly benefit will depend on your percentage of service connection granted.

Q: If I am currently service connected and I have hearing loss at 10% and PTSD at 30% why am I only considered 30% service connected?

A: The VA has a rating schedule that they use to determine what percentage is to be granted for each disability depending on the severity of the disability. They also use a rating chart to total your percentage of service connection, they do not use mathematical terms. Because determining a percentage of service connection is quite complex, if you feel that the percentage awarded you is insufficient for your disability, you should speak to a professional about your options.

Q: Why does my neighbor receive 70% for the same disability that I have?

A: This happens because Veteran Affairs determines all service connection percentages individually, based on the severity of a veteran's disability. Again, there is a rating schedule that determines the amount of benefit and the percentage of service connection that each person receives.

Q: If I work at Veteran Affairs, can I still receive disability benefits for my time in service?

A: Yes, you can. Unlike with Social Security Disability, the disability benefits you obtain from Veteran Affairs are not affected by working. If you are granted service connection for a disability that is not keeping you from working then you can still work and receive benefits. The VA does not reduce your VA service connected disability benefits just because you are working and receiving an earned income.

Q: Can I obtain benefits from both Social Security Disability and the Dept. of Veteran Affairs? A: Yes, you can. Social Security Disability does look at earned income but VA service connected disability benefits are not earned income so these benefits do not interfere with one another.

Q: My husband/wife was in the service and receiving VA service connected disability benefits but they have passed. Can I receive their benefits?

A: In some cases, yes, benefits are available for children and spouses who survive a deceased veteran. However, every case is different, and you need to be sure to speak to a professional before moving forward.

Q: How do I apply for benefits?

A:The VA has laws that are considered veteran friendly laws. The VA has the duty to help you file a claim and walk you through the process of obtaining benefits. There are Regional Offices in every state and there are organizations set up to assist the veterans at no cost to you. You can find your local VA Regional Office as well as Veterans Service Organizations on the VA website at www.va.gov.

Q: Can I employ a lawyer to help me?

A: Veteran Affairs has some laws that help a lawyer to know when he or she can represent you for a fee, and when he or she cannot. You can find some lawyers who will represent you for free, or Pro Bono, and others who will require you to sign a contract promising payment for their services. You should contact a local attorney's office for more information and specifics regarding your claim.

Q: I already get benefits for a service connected ability. Is there any other benefit I can receive?

A: This depends on your situation. If you have a service connected disability and it has gotten worse, you can request for an increase in your rating which would result in higher benefits if a higher rating is granted. The VA also has benefits for those veterans that are unemployable due to their service connected disability. To apply for these benefits there is a separate form that needs to be filled out and filed with the VA. If you feel you are unemployable and should be receiving higher benefits you should contact a VSO or an Attorney to answer your questions and possibly assist you in obtaining these benefits. Veteran Affairs also provides additional benefits to those veterans who, due to their service connected disability, are mostly homebound and cannot care for themselves. This is called homebound compensation. If you need assistance in caring for yourself but are having trouble paying for the care you should look into this option.

Every veteran's case is different and obtaining the benefits set aside for you by the VA can be quite confusing to some people. The Dept. of Veteran Affairs website is full of information to help you understand what VA benefits might be available to you, and how to get them. If you are a veteran and you were injured in any way or your disabilities that you had before going into the service were aggravated in any way please look into your options. After all, you served your country in the past, and may very well be entitled to receive benefits for it today.