At the law firm of Alan J. Nuta, Attorney at Law, we have extensive experience representing military veterans as they pursue service-connected disability benefits from the Department of Veterans Affairs (VA). In fact, some veterans are eligible to receive both service-connected benefits from the VA as well as Social Security disability benefits from the Social Security Administration without any reduction in benefits.
What veterans' disability claim benefits are you entitled to? Call toll free 866-616-1713 today for a free consultation.
What Disability Benefits Are Available for Veterans?
There are two primary disability programs available through the VA:
- Service-connected disability: Disability benefits can be awarded for physical or psychological impairments. For service-connected veterans' disabilities, benefits can be awarded for even a partial disability. To qualify, you must have a discharge other than dishonorable and a current diagnosis of a service-connected disability. Additionally you must prove that an incident in service caused the disability or that the disability began during service and you must show a medical connection between your current condition and its service origin. Some veterans with service-connected disabilities, whether partial or total, can receive both veterans' disability benefits and Social Security disability benefits without any setoff.
A service-connected disability does not necessarily have to be incurred during combat as long as the disability originated while in service or is otherwise service-connected. In addition, some disabilities can be secondarily service-connected. For example, service-connected post traumatic stress syndrome could cause depression.
- Nonservice-connected pension: Another VA program pays benefits to disabled veterans whose disabilities are not service-connected. These veterans may be entitled to a nonservice-connected pension. In order to receive these benefits, a veteran must have served on active duty during a period of war, there must be a total and permanent disability, and the veteran must meet certain financial requirements.
The Odds Are in Your Favor
There are some legislative presumptions that help veterans win their cases. For example, when a Vietnam veteran is diagnosed with diabetes mellitus to a 10 percent or more degree of disability, it is presumed to be service-connected. These presumptions are helpful for veterans who have incurred certain illnesses that are common among veterans from a particular war or era.
If a veteran receives service-connected disability benefits, he or she may be able to receive a small portion of those benefits during the period of incarceration. The benefits will resume at their full level when the veteran is released from custody. Therefore, it is important for an incarcerated veteran to apply for service-connected disability benefits – either a new claim or a claim for an increased rating, if applicable – while he or she is incarcerated.
Incarcerated veterans with families have an additional reason to apply for VA disability benefits – either a claim for benefits or a claim for an increased rating for ongoing benefits — a veteran's spouse and/or children can apply to receive that part of the monthly benefit that is withheld from the veteran by the VA during the period of incarceration. It is important that the incarcerated veteran's spouse or children's guardian apply for those benefits as soon as possible, and while the VA may initially determine that the spouse or children should receive only a small portion of those withheld benefits, it often pays to appeal that initial ruling.
The Skills and Resources to Handle Your VA Disability Benefits Claim
In addition to representing veterans with psychiatric disabilities such as post traumatic stress disorder and depression, we have also helped veterans with disabilities such as:
- Post traumatic stress disorder (PTSD)
- Sexual assault during military service
- Other assaults during military service
- Orthopedic injuries
- Traumatic Brain Injury (TBI)
- Total disability based on unemployability (TDIU)
- Neurological and other serious illnesses that began during, or were caused by, military service
- Illnesses caused by Agent Orange
- Gunshot or shrapnel wounds
- Orthopedic injuries
- Neurological diseases
- Heart conditions
- Gulf War syndrome
Also, in addition to representing veterans throughout the country with VA claims, I have extensive experience representing veterans from Gaithersburg, Maryland, as well as West Virginia, Pennsylvania and Washington, D.C. in their SSDI and SSI claims.
Contact Me Today
For a free initial consultation, call toll free 866-616-1713 or contact me online. We look forward to helping you get the benefits you deserve.