Va Health

Friday, April 2, 2010

Finding Your Way Through the VA Benefits Process

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There are many veterans in our country that have no idea that they could be receiving benefits. Some veterans feel that they do not have any reason to receive benefits and others upon being discharged would rather leave that life behind.

Plus, the laborious, seemingly endless application process can seem too daunting even to give it a try. But injured or disabled veterans have a right to benefits, and so should look into the process for obtaining them.

Q: How do you know if you could be receiving benefits? Who is qualified to receive benefits?

A: Three main components make up a veteran's possible eligibility for service connected disability benefits. First, you had to have served in the Army, Coast Guard, Navy, Marines, or Air Force.

Second, you must have a current disability, either caused by your time in the service or a disability that you had going into the service and it was aggravated or made worse by your time in the 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.

An example is, if you were on leave from active duty and vacationing with your family and while skiing you fell and broke your leg or injured your knee.

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.

Though it may not seem like it, this injury itself is service connected, as you were on active duty when the accident or illness occurred, even though you were on leave. And in addition to the surgery, the incident has caused other problems that you need taken care of.

Q: But how will receiving benefits from Veteran Affairs really 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: Veteran Affairs uses a rating schedule that uses the severity of your disability to tell them what percentage service connected disability to award you. Rather than using math to determine these percentages, they use a rating chart to give you a total final percentage, or rating.

These service connection percentages can be tricky to understand and if you feel that you should be receiving more benefits or a higher percentage then you should look into your disability and the severity or contact a professional that could assist you.

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. Unlike with Social Security Disability, the disability benefits you obtain from Veteran Affairs are not affected by working. If you obtain benefits for a service connected disability, but are still able to work, then you are entitled to keep working and receiving benefits. Your disability benefits are not reduced or annulled if you are earning an income.

Q: Can I obtain benefits from both Social Security Disability and the Dept. of Veteran Affairs? A: Yes. While Social Security Disability does gauge your earned income when determining your SSD benefits, your VA benefits are not considered earned income, and so will not get in the way of your SSD benefits.

Q: My spouse, who was in the service and getting benefits from the VA for a service connected disability, has passed away. Can I receive their benefits?

A: There are benefits for surviving spouses and dependent children. 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: Veteran Affairs has laws to follow called "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. To locate your local Veteran Affairs Regional Office and any local Veteran Service Organizations, visit the Veteran Affairs website at http://www.va.gov.

Q: Can I hire an attorney?

A: The VA does have laws that tell attorneys when they can represent a client for a fee and when they can not. 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, for instance, your service connected disability has grown in severity since you began receiving benefits, you can apply for an increase in your percentage or rating, which will also increase the amount of your monthly benefits.

Veteran Affairs also provides expanded benefits to those veterans who cannot work 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. The VA also has benefits for those individuals that are unable to care for themselves on a regular basis or those that are unable to leave their home most of the time.

These benefits are a homebound compensation. This is an option to consider if you feel you need assistance to care for yourself.

Because each claim is different, getting the benefits that you are entitled to can be a complex and confusing process. The VA's website has a lot of information on what kind of benefits there are beyond disability benefits and what you can do to receive these benefits.

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. You served for our country and you may be entitled to veterans benefits.

For more on social security benefits, see http://www.hillandponton.com

Article Source: http://EzineArticles.com/?expert=Al_Zan

Labels: finding va health, process va, way through va

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When Can the VA Reduce a Veteran's Disability Compensation Benefits?

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Veterans fight for years to get disability compensation benefits for injuries or diseases that result from the military service. The fight isn't over when the Veteran receives compensation, however, as the VA can and will reduce disability compensation ratings.

The purpose of this article is to describe some of the more common scenarios when the VA can or cannot reduce a disability compensation rating.

Before discussing the more common scenarios, it is crucial for the Veteran to act quickly when he or she gets the letter that the VA is proposing to reduce their compensation. First, do not miss the pre-reduction examination; if you do, the VA can reduce your monthly compensation on that basis alone.

Second, find aggressive and competent help - a Veteran Service Organization or a zealous Veteran's attorney; reduction cases can be won or lost in the early stages of the pre-reduction process.

Having said that, here are some common scenarios that can lead to a reduction and the general rules that allow or don't allow the VA to reduce a Veteran's disability compensation benefits.

1) Incarceration. The VA can reduce compensation for any Veteran who is imprisoned in a local, state or federal jail or prison for more than 60 days. On the 61st day, the VA can reduce the compensation; generally, if the impairment rating was 20% or higher the VA is not required to pay any more than 10% (this amount is the current law, and can be subject to change).

2) Unprotected Ratings. If the Veteran has an "unprotected rating" - ratings that are less than 100% or that have been in place for less than 5 years - the VA can reduce compensation when there is an actual change in the Veteran's disability, in light of both the entire medical history of the disability and in light of the Veteran's ability to function under the ordinary conditions of life and work.

3) Stabilized Ratings. A Veteran has a "stabilized rating" if the disability, and the rating evaluation assigned by the VA, have continued at the same level for 5 years or more. The VA may not reduce a stabilized rating unless it can show, after a review of all evidence in the Veterans' record (medical, employment, and otherwise) that there is a "sustained improvement" in the disability.

4) 100% Ratings. The VA often reduces 100% ratings because, after a periodic examination, it determines that the current symptoms match a lower rating level in the VA Diagnostic Code Schedule of Ratings. This is a common VA error - Veterans who have their 100% rating reduced should be sure to challenge the VA.

What the VA is supposed to do, before reducing a 100%, or total, disability rating, is compare the exam granting the 100% evaluation to the recent exam, to determine if there has been a "material improvement" in the disability, and a "material improvement" for the Veteran under the ordinary conditions of life, while working or seeking work.

In other words, the VA has to not only compare the two exams mentioned above, but they have to look at the entire history of the Veteran's condition and determine that there has been a material improvement in the medical condition.

5) Continuous Ratings. When a Veteran's disability has been rated at (or above) an impairment percentage for more than 20 years, the VA is not lawfully permitted to reduce the rating unless it can show that the rating was procured through fraud.

If you get a letter from the VA proposing to reduce your hard-earned Veteran Disability Compensation Benefits, do two things:

1) Don't miss your re-examination appointment at the VA Medical Center!

2) Contact a competent and aggressive Veteran Service Organization or Veterans' attorney immediately after you receive the letter proposing the reduction, or the letter scheduling you for a pre-reduction medical exam. Often, what is done between this time and the VA Regional Office reduction decision can make the difference between victory and defeat in appeals down the path.

If you are a U.S. Veteran, and have questions about your Veterans Disability Compensation Benefits, contact an aggressive Veteran's advocate & attorney.

Article Source: http://EzineArticles.com/?expert=Christopher_Attig

Labels: benefits va, va disability, va veterans