Montemaggi Law - Workers Compensation Attorneys

Veteran’s Disability Benefits Q&A

The U.S. Department of Veterans Affairs provides numerous benefits for veterans who have served our country. These include medical care and disability benefits. At Montemaggi Law we can assist veterans with obtaining disability benefits and determine what type of disability benefits you could get. Like other agencies that handle disability claims, the U.S. Department of Veterans Affairs' system for handling disability claims is slow and complicated. At Montemaggi Law, we can help you successfully get through the system.

How do I know if I qualify for Veteran’s Benefits?

What types of veteran’s disability benefits are there?

Can I work and still get veteran’s disability benefits?

How much is the benefit for service-connected disability?

How long does it take to get benefits after applying?

What is the process to get benefits?

How do I know if I qualify for Veteran’s Benefits?

Of course different benefits have specific requirements, but to qualify for Veteran’s Benefits, in general, you must be a veteran. A veteran for this purpose is anyone who had active service in any branch of the military and was discharge under conditions “other than dishonorable”. This definition is not as straight-forward as it seems and at Montemaggi Law we can help you to understand whether you meet this definition of a veteran and what type of disability benefits to which you might be entitled.

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What types of veteran’s disability benefits are there?

The types of available veteran’s disability benefits include “service-connected” disability benefits, disability pension benefits for wartime veterans for disability that is not service-connected, “Dependency and Indemnity Compensation” for widows or other survivors of deceased veterans whose death is caused by a service-connected disability and death pension benefits for survivors of deceased wartime veterans whose death is not service connected. The most generous of these benefits are those for service-connected disability. There are several ways that a disability could be considered service connected and an attorney can help figure out whether there is a way for your disability to be service-connected. Whether you are a veteran or widow of a veteran, at Montemaggi Law we can help you obtain the best benefit possible and help you to understand what benefit you may be entitled to.

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Can I work and still get veteran’s disability benefits?

This depends on the type of disability benefit. The “pension” benefits described above are needs-based so your income will make a difference in whether or not you can get benefits. For service-connected disability benefits, your income will not generally effect your entitlement to benefits.

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How much is the benefit for service-connected disability?

This depends upon how disabled you are. The U.S. Department of Veterans Affairs will assign a “disability rating” which is a percentage of disability. The higher the percentage of disability, the higher the payment. In some cases, percentages of disability may be increased above the normal disability rating including up to an 100% or total disability. At Montemaggi Law, we can help make sure that you received the highest disability rating possible in your case.

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How long does it take to get benefits after applying?

Unfortunately, it can take a very long time. Often, claims take many years to resolve successfully. At Montemaggi Law, we can help keep your claim on track and try to avoid delays as much as possible.

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What is the process to get benefits?

First, you need to contact your U.S. Department of Veterans Affairs Regional Office and file a claim. The U.S. Department of Veterans Affairs will issue a decision. There is no time limit for filing the initial claim, so you may file regardless of when you became disabled, when your military service ended or when any injury happened. Once there is a decision by the U.S. Department of Veterans Affairs, you will need to file a “Notice of Disagreement” if you lose or disagree with any part of the decision. This must be done within one year of the decision. There are then two options. First, you may request review by a “Decision Review Officer” at the Regional Office. If you do this, you will then receive a decision by that officer. If the decision is not changed, you will receive a “Statement of the Case” from the U.S. Department of Veterans Affairs. If you do not request review by a Decision Review Officer, the next step is receiving the Statement of the Case. An appeal to the Board of Veterans’ Appeals must then be filed within 60 days of the mailing of the Statement of the Case or one year of the mailing of the first decision, whichever is longer. If appeal to the Board of Veterans’ Appeals fails, there are several options that can be pursued next including trying to get the U.S. Department of Veterans Affairs to reconsider the decision or appealing the Court of Appeals for Veterans’ Claims. At Montemaggi Law, we can help you through this complicated process and help decide what are the best options to pick.

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