Some Basics About Veterans’ Benefits

If you are one of over 25 million veterans in the United States, and you have a disabling medical condition, you may be entitled to benefits through the Veterans Administration.

Am I a “Veteran?”

If you served full-time in the active military, naval, or air services (including the Coast Guard), and you were discharged or released under conditions other than dishonorable, you are a veteran.

What benefits are available to disabled veterans?

The two most common benefits available to disabled veterans are:

1.   VA Pension Benefits (Non-service connected)
2.   VA Compensation Benefits

However, there are several other benefits available to veterans including:

Priority Medical Care
Vocational Rehabilitation
Clothing Allowance
Grants for Specially Adapted Housing
Automobile Grants & Adaptive Equipment
Service-Disabled Veterans Insurance
Federal Employment Preference
State/Local Veterans Benefits
Military Exchange & Commissary Privileges

About Non-Service Connected Pension benefits:

Non-Service ConnectedPension benefits are needs-based – to be eligible, the veteran must show a relatively low level of income and assets.  In addition, the veteran must have served during wartime.  To receive pension benefits, the veteran’s disability need not be connected or related to the veteran’s military service.

About VA Service-connected Compensation benefits:

As of 2008, veterans with a service-connected disability are eligible to receive anywhere from $117.00 per month to $2,527.00 per month, depending on the degree of disability.

A disabled veteran is entitled to receive these compensation benefits if the disability can be shown to have been caused by or aggravated by an in-service event.

Proving that a current disability was caused by or aggravated by an in-service event can be a difficult proposition.  Having an attorney familiar with the requirements of the Veterans Administration is crucial to establishing this “nexus” between your disability and your military service.

Certain medical conditions are presumed to have been caused by military service.  For example, if a veteran served in Vietnam, and later develops certain types of cancer, or diabetes mellitus, these conditions are presumed to have been caused by exposure to Agent Orange.  The veteran does not need to prove actual exposure to Agent Orange – proof of service in Vietnam anytime between August 1964 and May 1975 is sufficient.  These same presumptions exist for veterans who can prove exposure to ionizing radiation while serving in the Pacific theater during WWII.

Also, any disabling condition that occurs within 12 months of discharge is presumed to be service-connected.

Further, if you have a condition that was treated during service, and you have evidence of continuing treatment for that condition through the present, this condition can also be presumed to be service-connected, despite the lack of any specific “incident” during service.

My medical condition has not stopped me from working.  Can I be eligible to receive VA compensation benefits?

Yes.  Service-connected compensation benefits are payable to veterans based on the fact that the disabling condition has negatively impacted the veterans earnings potential.  Even if you are working, a service-connected disability can be presumed to have impacted the actual work you are able to do, and negatively affected your earnings potential.

I am already receiving compensation benefits through the VA, but I believe I should be receiving more money.  What should I do?

If your condition has grown worse since you were awarded benefits, you may be entitled to an increase.  Filing a claim for an “increased rating” requires only a “good faith” belief that your condition has become more disabling.  If you believe your condition has worsened, you should obtain a current medical evaluation, and apply for an increased rating.

I applied for VA benefits previously and was denied.  Should I try again?

The deadline to appeal your claim differs depending on the level at which your claim was denied.  If your application for benefits was denied and you filed no further appeals, you have one year from the date of the denial to file a “notice of disagreement.”  However, even if a deadline has passed, you can still reopen your claim based on “new and material evidence,” or based on the fact that there was “clear and unmistakable error” in the VA’s decision.  In these two circumstances, there is no deadline for requesting review of the unfavorable decision.  Again, it is crucial to have an attorney evaluate the nature of the “new and material” evidence, and review the VA decision to determine whether there has been “clear and unmistakable error.”

How can an attorney help me with my claim?

Until very recently, attorneys were unable to receive a fee of more than $10.00 for representing a claimant before the Veterans Administration.  As one might imagine, this seriously hindered the veteran’s ability to secure legal representation.  Recent legislation was passed, however, which enables the Veterans Administration to withhold 20% of a veterans past-due benefits for direct payment of attorney fees when lawyers are successful in getting additional benefits for their clients..  This has made it much easier for veterans to secure the attorney representation they frequently need and desire.

As discussed, having an attorney’s representation can be crucial to receiving the benefits you are entitled to.  Claims before the Veterans Administration are very often decided “on the papers” – meaning, on the strength of the claim as presented in filings to the Veterans Administration.  An attorney’s expertise is essential to ensuring that your claim is developed and presented in the most effective possible way.

At FUSCO, BRANDENSTEIN & RADA, P.C., we are in our thirtieth year of representing disabled workers before the United States government. Our role is to ensure that your claim is properly developed to increase your likelihood of a successful outcome. No lawyer can ever guarantee results. What we can guarantee is the benefit of our many years of experience in proving all types of disability cases. We will glad to assist veterans in evaluating their cases and representing those with meritorious claims in navigating the procedural maze of the Veterans Administration.  There is no charge for a consultation in VA claims and we will only get paid if and when we obtain an award or increase in benefits.

We are honored to represent those who have already sacrificed for their country.