There are a wide variety of VA claims out there that Vets can request compensation for, but unless you know what goes into each one, it’s likely that you’ll be denied disability benefits and have to go through the extremely long appeals process. In part one of this article, I explained first four types of compensation claims. Today I’ll focus on claims for non-service-connected pension benefits, 1151 claims, DIC and accrued benefits, and “CUE” claims.
Non-Service-Connected Pension Benefits
Technically, claims of this sort are pension claims, not compensation claims. A veteran must show three elements to qualify. 1) That their current disability totally prevents them from working. 2) That the maximum income described in Exhibit 1 for Pensions is higher than what they receive. 3) That they served during wartime. Many denied veterans claims forget one of these three elements.
For a free legal consultation, call 800-562-9830
1151 Claims
If a Vet is injured as a result of the treatment received at a VA Voc Rehab program or in a VA medical facility, an 1151 claim may be filed. Actually, two kinds of claims can be filed – under the Federal Tort Claims Act, a malpractice claim may be entered, but as a civil suit, it’s subject to the statute of limitations. Also, any money the Vet receives from the malpractice claim will be deducted from the 1151 claim. One benefit of the 1151 claim is that you may pursue it at any time – there is no statute of limitations.
DIC and Accrued Benefits
This type of compensation may be awarded to a spouse, or dependent child or parent of any deceased veteran who qualified to receive service connected compensation. To qualify, the Vet death must be due to their service connected disability or their condition has to have been 100 percent disabling for 10 years before they died. Normal service connected claims often become DIC claims because Vets die while still battling the VA to receive the benefits to which they are entitled.
Click to contact our disability lawyers today
“CUE” Claims
CUE stands for Clear and Unmistakable Error, and the Vets who file these claims believe they were denied disability benefits due to VA mistakes on their original claim. Winning this claim is a big deal, because Vets will start getting monthly benefits as well as receive back pay (sometimes several years!) from the date they filed the original claim. CUE claims can be made at any time, but they are quite difficult to prove. You have to show that either the adjudicator didn’t have the correct facts to decide the case (not based on new evidence, but on what was known then), or that the VA’s provisions were not followed, and that resulted in changing the outcome of the case. Only one CUE claim is allowed per condition, so it’s not something you want to go into lightly.
Consult with an experienced VA claims attorney before pursuing any claim, so that you are well-prepared and know how to fight for your rights. If you want guidance specific to your situation, if you have been denied disability benefits, or if your claim has been delayed, contact our offices toll-free at 800-562-9830 to get professional legal assistance. Marc Whitehead is dedicated to get you through the Veterans Disability claims process.
Call or text 800-562-9830 or complete a Free Case Evaluation form
