A Brief Overview of The Veterans Disability Benefits System

The Law of Veterans Disability  is very complex and a full discussion  of it is way beyond the scope of this brief overview.

There are 2 basic types of Disability Benefits- 1) Service Connected Compensation and 2) Non-Service connected Pension.

Benefits can be for Physical or Mental Disability or for both.

1) Service Connected Compensation basically means the veteran is awarded monthly monetary ( and sometimes non monetary benefits such as a special  vehicle for veterans without the use of their legs ) benefits for disabilities that were connected ( related ) to their time in  the armed services. ( the most obvious example is that the veteran is wounded in war and his wound causes a disability, however  a not so obvious example can be manifestation of symptoms of a disease or condition many months or years after contracting it in service.

In order to establish a service connected disability the veteran ( usually through a Veterans Service Officer (VSO) of a Veterans Service Agency such as The Disabled American Veterans, or other Agency ) must show that he has a current disability that was either caused by or aggravated ( in the case of a pre-existing condition-a condition the veteran had before entering service ) by service. This is usually done through service medical records, military records, and civilian medical records.

If a veteran is able to establish a service connected disability, the next step is for the VA to assign a percentage of disability ( in 10% increments ) under the VA rating system with corresponding dollar  amounts for a monthly benefit amount. A veteran can file for an increased rating if he can show his disability should be rated higher now or in the future  if his disability worsened.

With Service connected compensation the veteran is allowed to be employed and have substantial assets. It does not matter how much the veteran earns or how substantial his assets are, he can still collect service connected compensation.

2) Non Service Connected Pension.

The details of non service connected pension are too numerous and complicated to discuss in this brief article. However the basic idea is that unlike with service connected compensation, the veteran’ income  and assets do matter. If the veteran is otherwise entitled to non service connected pension but his income exceeds the maximum monthly dollar amount for non service connected pension he will not be eligible for benefits. If his income is less than the maximum monthly pension amount,  then the veteran will receive the difference between the pension  amount  and his monthly income amount as his benefit.

The details of the Application for VA benefits  and the Appeal of a denial of benefits and the strategy involved are too numerous  and complex  for a full discussion in this article but the basic procedure is as follows: First the veteran files  an application for benefits  with the local VA Regional Office (VARO) ( for NY veterans there is a VARO on Houston Street in Manhattan  and one in Buffalo ). If the application is denied the veteran, among other options,  can request review ( including a hearing ) by the VARO or can  appeal to The Board of Veteran’s Appeals (BVA) by filing a Notice  of Disagreement (NOD) with the VARO’s decision within one year of the decision. The BVA can deny the appeal or grant it or grant it  and remand it back to the VARO for a determination of benefits. If the BVA denies the veteran’s appeal the veteran , among other options, can reopen the case at the VARO ( by submitting new evidence ) , make a motion for the BVA to reconsider its decision, appeal to the U.S Court of Appeals for Veterans Claims which was created around 1990 by The Veterans’ Judicial Review Act of Nov 18, 1988.

Legal Fee Restrictions

The previous severe restrictions on legal representation and attorney fees which had resulted in there not being many attorneys practicing Veterans Law, have been changed so that veterans now are able to hire attorneys more easily, although as of now there are still not that many attorneys practicing Veterans Law, however, the number is increasing.

Watch for future articles on Criminal and Civil Law..

Advertisements

About edwardddowlingivattorneyatlaw

Established my General Practice Law Firm in 1991 Criminal and Civil Litigation Trials and Appeals Federal and State courts Nassau and Suffolk Counties All 5 boroughs of NYC
This entry was posted in Disability Law, Uncategorized, Veterans Benefits, Veterans Disability Benefits and tagged , , , , , , , . Bookmark the permalink.

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s