Understanding Veterans Benefit Entitlement
For over 30 years, the Law Offices of Psetas, Moore and Tetlow have represented thousands of clients. We have the experience in dealing with government claims. Throughout the years we have helped Veterans obtain the highest possible disability ratings.
Veterans Benefit Entitlement
In the event the Veteran satisfies the above preliminary conditions of Veteran Status, Discharge, and Active Service, the Veteran may file a claim for service-connected compensation benefits, commonly referred to as Veterans Disability Benefits.
The Veteran must show the following:
- The Veteran has a current medical diagnosis of an injury, illness or disability (collectively “condition”);
- The condition must have been sustained during service or connected to the time in service;
- An event which caused the condition or is connected to the current condition must have occurred during the time in service;
- The Condition is included under the VA’s presumed causes;
Diagnosis
The condition leading to the disability must have been diagnosed by a licensed practicing physician. Call the Offices of Psetas Moore and Tetlow, PA for additional information.
Event or Injury in Service
In some situations, service treatment records do not contain an event or injury but the VA can still lawfully grant benefits.
Service Connected Disability
There are three different types of service connections for a veteran’s disability:
- Direct Service Connection
- Aggravated Injury Connection
- Presumed Service Connection
- Secondary Conditions
Direct Service Connection
A direct service connection occurs when a veteran’s disability occurred directly due to military service.
Aggravated Injury Connection
A veteran may establish he/she entered the military with a pre-existing condition and may be able to prove that active duty service aggravated that condition.
Presumed Service Connection
A service connected connection can be established when a veteran who served at least 90 days active duty service develops a disability or condition of 10% or more and it may be presumed to be related to military service.
There are specific rules that pertain to veteran who suffer from Post-Traumatic Stress Disorder (PTSD).
Compensation and Pension Exams for Veterans Disability
In the event the Veteran Service Representative (VSR) determines that the veteran status has been met, there is proof of a current disability exists, and there is an event in service, a compensation and pension exam will be ordered.
Veterans Disability Benefits Calculations
The VA calculation of basic veterans disability benefits is based on the severity of the disability as determined by the evidence submitted with a claim and the veteran’s military records. The disability level is converted to a rating schedule that ranges from 0% (no monetary benefit) to 100%, in 10% increments.
If a veteran is approved for multiple disabilities, the VA calculates the total disability benefit percentage using the Combined Ratings Table.
- If you have multiple disabilities, each disability is given a disability rating.
- The ratings are then combined to give a final disability rating.
- Disability ratings are not added together; instead they are applied to a chart in the Ratings Table.
Effective Dates
When service connection is granted, the effective date for veterans disability benefits will not always be the date of the claim.
Except as otherwise provided, the effective date of an evaluation and award of pension compensation or dependency and indemnity compensation based on an original claim, a claim reopened after final disallowance, or a claim for increase will be the date of receipt of the claim or the date entitlement arose, whichever is later.
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FAQs
An award of veterans disability benefits may not be effective prior to the date entitlement arose.
For claims received prior to October 1, 1984 the effective date is the date of receipt of claim or date on which the veteran became permanently and totally disabled, if the claim is filed within one year from such date, whichever is to the advantage of the veteran.
For claims received on or after October 1, 1984 the effective date is the date of receipt of the claim, except as follows:
If within one year from the date on which the veteran became permanently and totally disabled, the veteran files aa claim for a retroactive award and establishes that a physical or mental disability, which was not the result of the veteran’s own willful misconduct, was so incapacitating that it prevented him or her from filing a disability pension claim for at least the first 30 days immediately following the date on which the veteran became permanently and totally disabled, the disability pension award may be effective from the date of receipt of claim or the date on which the veteran became permanently and totally disabled, whichever is to the advantage of the veteran. While rating board judgment must be applied to the facts and circumstances of each case, extensive hospitalization will generally qualify as sufficiently incapacitating to have prevented the filing of a claim.
The effective date for disability compensation is the day following separation from active service or the date entitlement arose if the claim is received within 1 year after separation from the service. Otherwise it is the date of receipt of the claim or the date entitlement arose, whichever is later. Separation from the service means separation under conditions other than dishonorable from continuous active service which extended from the date the disability was incurred or aggravated.
The effective date for disability compensation is the date entitlement arose, if the claim is received within 1 year after separation from active duty. Otherwise the date of receipt of the claim, or the date entitlement arose, whichever is later. When requirements for service connection are met during services, the effective date will be the day following the separation from service if there was a continuous active service folloiwing the period of service on which the presumption is based and a claim is received within 1 year after separation from active duty.
- If a veteran has combat service and claims a condition incurred in combat and there is no medical record, a lay statement with verified combat service is sufficient for the VA to order a medical exam/opinion.
Why Hire A Veterans Disability Lawyer
Making a successful claim for veterans disability benefits through the Department of Veterans Affairs (VA) can be a very complex and time-consuming process. An attorney will navigate through the VA rules, regulations, and time limits for you and can reduce the number of headaches you have to go through. While a lawyer may not be able to make the VA decide your claim any faster, legal assistance may help you get more of the benefits you may be entitled to.
You need to hire a qualified veterans disability benefits attorney to fight for your rightful benefits. It is a significant advantage to you to be represented by a lawyer because VA laws and regulations are complex, often difficult to understand, and subject to frequent change.
Hire the Veterans Disability Lawyers at Psetas, Moore & Tetlow
The Veterans Disability lawyers at Psetas, Moore and Tetlow have successfully represented injured clients and their families with their government claims for over 30 years. We have the knowledge, experience and resources to assist you with the many rules, regulations, forms, substantiating documents, and deadlines that the VA uses to determine your eligibility for veterans disability benefits,
