"Am I Eligible for VA Benefits After Military Service?"
A large percentage of the population in the U.S. is entitled to veterans' benefits of one type or another. The benefits to which veterans and their family members are entitled cover a broad spectrum but can be broken down into six general categories. These are:
- Home loans
- Life insurance
- Vocational rehabilitation
- Educational benefits
- Survivors' benefits
- Compensation and pension
Contact an Attorney to Determine Your VA Benefits Eligibility
Our Michigan law firm welcomes inquiries from veterans and family members (widows, children or step children) with questions about how to obtain benefits and how to appeal denials.
Schwartz Law Firm is a member of Lawyers for Veterans Claims (LVC). LVC is a national veterans' law practice located in Michigan. We are attorneys dedicated to helping those who bravely served our country get the benefits they were promised for their military service.
Contact Schwartz Law Firm to schedule a consultation to discuss your eligibility for VA benefits. We are prepared to work with you no matter where you are in the United States.
Your Claim for Benefits May Require Adjudication Through Appeals
Home loans, life insurance and vocational rehabilitation are not usually seen in the adjudication system. However, entitlement to the remaining benefits is often the subject of appeals to the Board of Veterans Appeals (BVA) and subsequently to the Court of Appeals for Veterans Claims (CAVC).
Lawyers for Veterans Claims (LVC) represents clients in all venues, assisting with administrative claims as well as appeals to the BVA and CAVC.
Educational Benefits Claims, Survivors' Benefits, Burial Allowance
Educational benefit claims generally deal with the Dependents' Educational Assistance Program provided for by Chapter 35 of the Code of Federal Regulations. Survivors' benefits include educational assistance, pension and compensation. Burial allowances are part of the compensation to which veterans are entitled, but the payment of these allowances is rarely disputed.
Disputed Claims for Compensation and Pension
The vast majority of disputed claims deal with compensation and pension both for veterans and their family members. Dependency and Indemnity Compensation (DIC) and veterans' disability compensation are the most common claims in dispute before the VA. Claims for pension have limitations regarding both the length of service (90 days or more during wartime and longer during peacetime) and limits on income. Lawyers for Veterans Claims (LVC) represents clients in disputes involving claims for compensation and pensions.
Disability and Service Connection
Disability compensation is established by presenting evidence sufficient for VA to make a finding of fact that a current disability exists that can be medically related to an event, incident or injury during active military duty. This finding of fact is commonly known as "service connection."
How Will You Prove a Service Connection for Your VA Disability Claim?
Service connection for VA disability compensation purposes will be awarded to a veteran when the record contains (1) a medical diagnosis of a current disability, (2) medical evidence of incurrence or aggravation of a disease or injury in service, and (3) medical evidence of a nexus between the in-service injury or disease and the current disability. See 38 U.S.C. § 1110 ; Caluza v. Brown, 7 Vet.App. 498 (1995), aff'd, 78 F.3d 604 (Fed.Cir. 1996) (table).
Disability Compensation: Tax-Free
Disability compensation is a tax-free benefit paid to a veteran for disabilities that are a result of or made worse by injuries or diseases that happened while on active duty, active duty for training or inactive duty training. Disability compensation is also paid to certain veterans disabled from VA health care. Talk to a veterans' law attorney for more information on health care-related disability benefits.
What if You Receive SSDA or SSI as Well?
Although a veteran can receive disability compensation and Social Security Disability Income (SSDI) at the same time, VA pension is offset by supplemental Social Security Income (SSI), which may reduce or eliminate VA pension amounts.
Disability compensation rates can be found on the VA's website or by following this link: http://www.vba.va.gov/bln/21/Rates/comp01.htm.
Have You Availed Yourself of Benefits After Military Service?
Other benefits available to veterans include:
- Priority medical care
- Clothing allowance
- Grants for specially adapted housing
- Automobile grant and adaptive equipment
- Service-disabled veterans insurance
- Federal employment preference
- State/local veterans benefits
- Military exchange and commissary privileges
Contact Us Regarding VA Claims Procedures
At the Schwartz Law Firm, a member of Lawyers for Veterans Claims (LVC), our attorneys are prepared to help clients apply for benefits and resolve disputed claims. Call or e-mail us at our offices in Farmington Hills for a free initial consultation regarding VA benefits eligibility, including burial benefits claims or health benefits eligibility, with an experienced veterans' law attorney.