What does VA consider to be a disability?
- The disability is “Static,” without material improvement over five years,
- The disability is “Permanent” in character and of such nature that there is no likelihood of improvement,
- The Veteran is over 55 years of age (except under unusual circumstances or where required by regulation),
What happens to my VA disability if I Die?
Answer: When a veteran dies from a service-connected disability, that veteran’s surviving spouse, children, and under some conditions, parents are eligible for dependency and indemnity compensation (DIC) from VA. DIC is a monthly payment made to a surviving spouse, child, or parent because of a service-connected death.
How long does a person get VA disability?
- A Veteran who became sick or injured while serving in the military, or
- A Veteran with an illness or injury before enlisting that was worsened by service, or
- A Veteran with a service-connected disability that didn't appear until after separating from the military
What disabilities qualify for VA disability?
Office of Personnel Management Guidelines
- Competitively Filled Positions. Jobs that are filled competitively are advertised through USAJOBS. ...
- Non-competitively Filled Positions. ...
- Required Disability Documentation. ...
Are VA disability benefits permanent?
VA disability ratings generally are not permanent. Rather, they are subject to review by the U.S. Department of Veterans Affairs (VA) at any time. If VA finds that your situation or condition has changed since you received your initial rating, it may assign you a new rating—or cease your benefits altogether.
Can you lose VA disability benefits?
The VA cannot terminate these benefits unless you committed fraud or unless the VA made a "clear and unmistakable error" in granting you benefits (CUE).
What is the VA 10 year rule?
The VA disability 10-year rule states that the U.S. Department of Veterans Affairs (VA) cannot eliminate a disability rating that has been in place for at least 10 years unless there is evidence of fraud. This 10-year period is calculated from the effective date of VA's original grant for service connection.
How long does the VA disability last?
If VA assigns you a 100% rating, it has the option of also designating you permanently and totally disabled. If you receive this designation, your benefits are safe for the rest of your life.
Is VA Disability for Life?
VA disability is usually not for life. When you start collecting benefits, it’s with the understanding that the U.S. Department of Veterans Affairs...
How Permanent and Total VA Disability Works?
When VA approves your disability claim, it assigns you a rating from 0 to 100%. This rating puts a numerical value on the severity of your disabili...
How VA Disability Reexaminations Work?
If VA does not designate you as permanently and totally disabled when approving you for benefits, it will most likely reexamine you at a future dat...
VA Disability Compensation Benefits
Veterans who have a service-related injury or illness may be entitled to VA disability compensation. It’s a tax-free monthly benefit.Visit VA.gov t...
Disabled Veteran Housing Assistance
Veterans with certain service-connected or aging-related disabilities can get housing help. You may qualify for special housing grants from the Dep...
VA Pensions for Veterans and Survivors With a Low Income
Wartime veterans with a low income and their survivors may qualify for a tax-free pension. These monthly payments from the Department of Veterans A...
What is VA rating?
When VA approves your disability claim, it assigns you a rating from 0 to 100%. This rating puts a numerical value on the severity of your disability. So, a veteran who is totally disabled receives a rating of 100%, while one who has a minor disability receives a much lower rating, such as 0 or 10%. Your rating determines the amount you receive in monthly disability compensation.
What happens if you get 100% VA?
If VA assigns you a 100% rating, it has the option of also designating you permanently and totally disabled. If you receive this designation, your benefits are safe for the rest of your life. The only exception is if VA later determines you obtained your benefits via fraud.
When will VA conduct a reexamination?
VA will conduct a reexamination if it receives information leading to believe a veteran’s condition has improved, possibly removing the need for disability benefits.
Is VA disability for life?
VA disability is usually not for life. When you start collecting benefits, it’s with the understanding that the U.S. Department of Veterans Affairs (VA) can and will periodically review your situation and reassess whether you should continue receiving benefits, and at the same level. If you have a severe medical condition from which VA believes you will never recover, it may designate you as permanently and totally disabled. With this designation, you’ll receive VA disability benefits for life (absent a finding of fraud).
Can you get reexamined for VA disability?
VA reserves permanent and total disability for the most extreme situations. Most VA disability recipients can expect periodic reexaminations. The key to emerging from a reexamination with your benefits unscathed is to make sure you have compelling evidence of your continuing disability. To find out about what a VA disability lawyer can do for you, call (888) 392-5392 for a free case evaluation.
What are the benefits of veterans with disabilities?
These include compensation, pensions, and grants for veterans with certain service-connected disabilities as well as pensions for some veterans 65 and older and grants for vets with age-related disabilities.
What is VA disability compensation?
Disability compensation is for an illness or injury that happens because of or was made worse by your military service. It’s not income-based and war service is not required. A VA pension is for war veterans with a low income and who may have a disability that is not service-related.
Is VA disability tax free?
Veterans who have a service-related injury or illness may be entitled to VA disability compensation. It’s a tax-free monthly benefit.
Do survivors of veterans receive compensation?
Survivors of veterans may receive compensation benefits in certain situations.
Can you get Aid and Attendance if you receive a VA pension?
Aid & Attendance (A&A) and Housebound Benefits. If you receive a VA pension, you may also qualify for Aid & Attendance or Housebound benefits . You can only get one of them. Each has its own qualifications.
Is VA pension taxable?
Here are two ways to tell the difference: Military retirement is taxable but a VA pension is tax-free. Military retirement uses years of service (not necessarily wartime). But a VA pension is based on wartime service and financial need.
Can veterans get housing assistance?
Veterans with certain service-connected or aging-related disabilities can get housing help. You may qualify for special housing grants from the Department of Veterans Affairs (VA). Apply for a Specially Adapted Housing (SAH) or a Special Housing Adaptation (SHA) grant. You can use it to:
What is VA DIC?
Compensation benefits for a surviving spouse and dependents (VA DIC) Learn about getting VA disability benefits as a surviving spouse, dependent child, or parent.
What is VA disability compensation?
VA disability compensation. VA disability compensation (pay) offers a monthly tax-free payment to Veterans who got sick or injured while serving in the military and to Veterans whose service made an existing condition worse. You may qualify for VA disability benefits for physical conditions ...
What to do if you disagree with a disability decision?
If you disagree with a decision on your disability claim, you can request a decision review. You can also manage any review requests or appeals you already filed.
Can you get VA disability for mental health?
You may qualify for VA disability benefits for physical conditions (like a chronic illness or injury) and mental health conditions (like PTSD) that developed before, during, or after service. Find out how to apply for and manage the Veterans disability benefits you've earned.
What is VA presumptive disability?
A presumptive disability is an illness or injury we believe is related to military service. You can also learn more about dependent eligibility.
What is a post service disability?
You have a disability related to your active-duty service that didn’t appear until after you ended your service (called a postservice disability claim)
Can you get VA disability for lung disease?
You may be able to get VA disability benefits for conditions such as : Chronic (long-lasting) back pain resulting in a current diagnosed back disability. Breathing problems resulting from a current lung condition or lung disease. Severe hearing loss. Scar tissue.
What is VA disability compensation?
VA disability compensation. VA disability compensation (pay) offers a monthly tax-free payment to Veterans who got sick or injured while serving in the military and to Veterans whose service made an existing condition worse. You may qualify for VA disability benefits for physical conditions ...
What to do if you disagree with a VA disability decision?
If you disagree with a decision on your disability claim, you can request a decision review. You can also manage any review requests or appeals you already filed. Add or remove a dependent. Find out how and when to add a dependent spouse, child, or parent to your VA disability benefits.
What is VA DIC?
Compensation benefits for a surviving spouse and dependents (VA DIC) Learn about getting VA disability benefits as a surviving spouse, dependent child, or parent.
Can you get VA disability for mental health?
You may qualify for VA disability benefits for physical conditions (like a chronic illness or injury) and mental health conditions (like PTSD) that developed before, during, or after service. Find out how to apply for and manage the Veterans disability benefits you've earned.
Can VA determine if a disability was caused by service?
Note: Under certain circumstances, VA may conclude that certain current disabilities were caused by service, even if there is no specific evidence proving this in your particular claim. The cause of a disability is presumed for the following Veterans who have certain diseases.
How long does it take for a VA disability to be lowered?
Generally, these will occur six months after your first exam, and then again sometime between two and five years later. If this re-examination shows that your condition has significantly improved, the VA may lower your disability rating.
How long do you have to be on disability to get a VA medical exam?
In general, however, a medical examination will not be required if you have had the same disability rating for more than five years.
What to do if your VA rating is reduced?
If your disability rating has been reduced after your most recent VA medical exam, you may want to speak with a veterans benefits lawyer. Often, your rating will get reduced because your condition has legitimately improved. But there also situations where the reduction in your disability rating does not reflect any improvement in your actual condition. At Jackson & MacNichol, we can help you challenge the VA’s decision and get you the compensation you deserve for your disability. Call us today at 800-524-3339 for a free consultation.
What happens if you are totally disabled?
If the condition has been cured and no longer exists, you will lose your disability rating along with your benefits for that condition. If you are rated as totally disabled, meaning that you got a 100 percent disability rating, you could potentially see your benefits reduced if a medical examination shows a “material improvement” of your condition. ...
Why do veterans lose out on disability?
Many veterans lose out on disability compensation because the VA wrongly interprets their changing medical and personal circumstances. It’s up to you and your legal team to counter these assumptions and show that you still deserve compensation. To learn more about how to appeal a decrease in your veterans compensation payments, call Jackson & MacNichol today 800-524-3339 for a free case consultation.
Why did my VA disability get cancelled?
Finally, your disability payments may be cancelled because of misconduct. If the VA finds out that you lied on your disability claim, you may lose your benefits. Similarly, if you intentionally received disability benefits that you knew you should not have been receiving, you may lose your benefits and also be subject to criminal prosecution. ...
Will disability payments be affected by a new medical examination?
There are two sets of circumstances in which your disability payments will not be affected even if a new medical examination that shows an improvement in your condition:
How long does a disabled veteran have to have life insurance?
Service-Disabled Veterans Insurance (S-DVI) If you’re disabled because of an injury or illness caused—or made worse—by your active service, continue your life insurance beyond 2 years after you leave the military.
How long can you keep life insurance after leaving the military?
And if you’re disabled because of an injury or illness caused—or made worse—by your active service, you may be able to get coverage through S-DVI to continue your life insurance beyond 2 years after you leave the military.
What is S-DVI insurance?
S-DVI provides life insurance coverage to Veterans whom VA has granted service connection for a new disability within the last two years. Totally disabled Veterans may be eligible for free coverage and have the opportunity to purchase additional insurance.
Can you get a disability extension if you are totally disabled?
You are eligible for the SGLI Disability Extension if you are totally disabled at time of discharge. To be considered totally disabled, you must have a disability that prevents you from being gainfully employed OR have certain medical conditions.
