Disability compensation for Veterans is a monthly tax-free benefit. Veterans that are disabled 10% or more as a result of an injury that occurred during active duty or active or inactive training. Disabilities include:
- Physical injuries or diseases; and
- Mental disorders, impairments, or illnesses.
To be eligible for benefits a person must have:
- Provided service in active duty, active training, or inactive training;
- Received a discharge other than dishonorable; and
- Were 10% disabled or more by an injury sustained during active duty, active training, or inactive training.
A person must prove their disability by providing the following evidence:
- Medical records proving the disability; and
- Documentation indicating that the injury occurred during military service.
The following disabilities are presumed:
- Prisoners of war (POW);
- Diseases that become evident within a certain time frame after discharge;
- Ionizing radiation exposure, mustard gas exposure, or Lewisite;
- Herbicides exposure in Vietnam; and
- Service in Southwest Asia during the Gulf War.
The amount of Veteran’s benefits that a person is entitled to receive varies from 10 percent to 100 percent in accordance with his or her disability. A person may also receive benefits for a secondary disability that may occur as a result of the initial disability. The benefits scale also accounts for lost wages and dependents.
If you or a loved one is a Veteran seeking to apply for disability compensation or has had an application for benefits denied, it is important to contact an experienced VA benefits lawyer who may assist you or a loved one through the process. Filing an application for Veteran’s benefits or appealing an application that has been denied, is a complex process that requires the attention of a skilled Veteran’s Affairs attorney.
The attorneys of Sullivan & Kehoe, LLP concentrate their practice in social security and Veterans Disability Law. With over 50 years of combined experience between its lawyers, our attorneys may assist you or a loved one in obtaining an Aid and Attendance Pension. Call our office at (800) 395 -7830 to schedule a consultation in our New York City, Garden City, Kings Park, Riverhead, or White Plains office.