Our country’s heroes – the men and women who served their country through military service – may have sustained an injury or illness for which they are entitled to federal veterans benefits. These include Veterans Disability Benefits offered by the Veterans Administration (VA) and Social Security Disability Benefits.
VA Disability Compensation
Compensation may be provided to those suffering psychiatric and physical medical conditions related to their military service, including hearing loss, post-traumatic stress disorder (PTSD), spinal injury, military sexual trauma (MST), traumatic brain injury (TBI), knee problems, arthritis of the spine, toxic water exposure and agent orange conditions.
A veterans’ disability must be:
- a direct result of a disease or injury incurred or aggravated during active military service
- a post-service disability considered related or secondary to disabilities occurring in-service
- presumed to be related to circumstances of military service that arise post-service, for:
- Former Prisoners of War (POWs)
- Veterans with certain chronic or tropical diseases that become evident in a specific timeframe from discharge
- Veterans exposed to ionizing radiation, mustard gas or Lewisite
- Veterans exposed to certain herbicides
- Veterans who served in Southwest Asia during the Gulf War
The amount of benefits is based on a graduated scale of 10-100 percent, according to the degree of one’s disability. An additional allowance may be added for veterans with dependents who have a disability of rating of 30 percent or higher. Any compensation may be offset by military retirement pay, disability severance pay or separation initiatives.
Veterans should realize that the benefit claims process is lengthy; the average time from the time the VA receives your claim is six months.
Social Security Disability & Veteran Benefits?
You may be eligible for VA benefits even if you are currently employed or receiving disability benefits from the Social Security Administration (SSA).
The SSA’s benefits system is “all or nothing”; they either approve or disallow a claim. Additionally, Social Security Disability claims are, more often than not, denied on the first application. This can have a great impact on individuals and families…particularly when these benefits are a major source of income.
The SSA’s disability programs are the largest of the Federal programs providing assistance to people with disabilities. Social Security Disability Insurance (SSDI) assists people who are unable to achieve gainful employment due to a permanent disabling condition. Millions of people who’ve worked recently, but are now disabled, have coverage. Individuals who’ve worked a total of at least five years in the 10 years prior to becoming disabled are eligible. Benefit amounts are based on one’s work and earnings history.
Among the determining criteria for SSD approval:
- Is the Applicant Working? You need to be unemployed when you file.
- Is The Applicant’s Medical Condition Severe? Has the impairment lasted at least a year, or is it of a terminal nature?
- Is The Applicant’s Condition on the SSA’s “List of Disabling Conditions”?
- Can the Applicant Do The Work Performed Prior? You must be unable to work at your former job.
- Is The Applicant Capable of Performing Any Other Work? You must be unable to perform other available work.
Applications for SSDI are at an all-time high. More than 60% of initial stage applications are currently denied, with more than 80% of appeals facing the same fate. A qualified attorney or advocate can be of great help with the handling of your application and the potential appeals process. An experienced professional can also assist you with the organization of the necessary paperwork and medical records, and prepare you or a witness for hearing.
Both benefit systems are constantly changing; disability lawyers like those working on the Injured Veterans team are on top of the most recent information and developments, to ensure the best possible outcome for their clients. They’re familiar with the process and procedures, as well as the “ins and outs” of the system. They know what judges look for, and what documentation will have the greatest effect. Everything they do, they do with a positive outlook for a positive outcome for the veterans.
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