Part of the veterans disability claims process is filing a claim with your Regional Office. After a lengthy processing period that averaged 127 days back in 2006 and has only gotten worse, the VA will make a decision on your claim by examining three main issues: whether or not your disability was connected to your service, your percentage of disability, and the effective date of eligibility. If you are denied veterans benefits based on any of these issues, don’t worry – you can appeal. But first it’s important to understand what the issues entail so that you go into your appeal armed and ready to fight for the compensation you deserve.
Category: Veterans Disability Benefits
Veterans Disability Benefits: VA Compensation vs VA Pension
Veterans Disability Benefits
What is the Difference between Compensation and Pensions?
If you are filing a claim for veterans benefits, it’s important to understand the difference between compensation and pension as determined by the VA. Once you know which category you fall into, you can visit the Veterans Affairs website to get a better estimate of how much you can expect if your claim is approved. They have two main rate tables that are used to pay benefits to veterans, one for compensation and one for pension. Under certain conditions, the widows and children of disabled veterans are also eligible for compensation and pensions.
Veterans Disability Benefits – Fighting the VA’s Denial
Why You Should Fight Veterans Denial of Benefits
Unfortunately, filing for disability isn’t always as easy as it should be for veterans. Denial of benefits doesn’t mean that you are out of options. As a veteran, you have served in the US armed forces to protect our country and way of life, and if you were impaired physically or psychologically as a result of your service, you deserve to be fairly compensated.
Do not give up. Many veterans who are denied initially succeed in attaining their benefits on appeal. The first step in the appeals process is the Board of Veterans’ Appeal, which is part of the Veterans Administration. If you are denied at this stage, you can then appeal the decision to the US Court of Appeals for Veterans’ Claims.
The Veterans Disability Claims Process Explained
The Veterans Disability Claims Process Explained
The Veterans Disability claims process can be confusing and overwhelming at a time when you are already dealing with an injury or illness, but you deserve to be compensated for your physical or psychological impairment. If you have an injury or disease that happened while on active duty, or was made worse by active military service, then you are entitled to tax-free disability benefits.
Veterans Disability Claim Procedures
Veterans Disability Claim Procedures
Veterans filing for VA disability benefits must follow a rigid administrative procedure when attempting to prove a service connected disability. If a veteran receives an unfavorable decision after their initial application from the VA Regional Office, the veteran must be careful to follow the following steps. Some of these steps are optional and some are not. Knowing which is which is key. The steps to appeal are:
Agent Orange Exposure Of Sailors in Vietnam
Proving You Are a Brown Water Naval Veteran
Vietnam naval veterans, who operated in brown (shallow) waters, may qualify for service connection due to herbicide exposure.
In order to prove exposure as a naval veteran, you must:
Provide documentation of your location during relevant military service;
Identify your ship; and
Obtain evidence of the ship’s location in Vietnam waters
Veterans Outside of Vietnam Eligible for VA Benefits Based on Herbicide Exposure
Did you know that you or a loved one may be eligible for VA benefits due to exposure to herbicides even if you served in areas other than Vietnam?
Serving Outside of Vietnam
Herbicides were used to provide perimeter base control on bases in Vietnam and Thailand, along the Ho Chi Min Trail and near the Demilitarized Zone in Korea beginning in September of 1967. Testing and storage of these herbicides also occurred at various locations in the United States and foreign locations.
New Diseases Added to VA Agent Orange Presumptive Illness List
The Department of Veterans Affairs (VA) has added Parkinson’s disease and ischemic heart disease to the list of “presumptive illnesses” related to Agent Orange exposure. In addition, VA expanded the presumption for chronic lymphocytic leukemia to include all chronic B-cell leukemias, such as hairy cell leukemia. These conditions are presumed to be service-connected to herbicide exposure in Vietnam.
VA Benefits Available to Veterans Exposed to Agent Orange
If you are a veteran with disabilities associated with herbicide exposure, including Agent Orange, you may qualify for health care, vocational rehabilitation and payment of monetary compensation benefits. These exposures have been associated with a variety of cancers and other diseases.
If you are a surviving spouse or surviving child of a veteran exposed to herbicides, you may also be eligible for benefits, including dependency and indemnity compensation (DIC) benefits, CHAMP-VA health care and educational benefits.
The VA Compensation Program for Disabled Veterans
Disabled Veterans may qualify for monthly disability benefits though the “VA Compensation” program. VA compensation is the benefit paid to veterans whose disabilities arose from or during service. The disability does not have to be directed related to military service, it just must present or be aggravated while the veteran is in service. There is also a presumption that a disability that presents within one year of severance from military service is service connected.
A veteran may be eligible for disability compensation if he or she has a service-related disability and was discharged under other than dishonorable conditions. The veteran must have: