What is VA Disability Compensation?
Disability compensation is a tax-free benefit paid to a veteran for disabilities that are a result of or made worse by injuries or diseases that happened while on active duty, active duty for training, or inactive duty training. Disability requires this "service connection" factor.
Disability compensation is also paid to certain veterans disabled from VA health care.
You may be eligible for disability compensation if you have a service-related disability and you were discharged under other than dishonorable conditions. The amount of basic benefit paid ranges from $123 to $2,673 per month, depending on how disabled you are. You can apply by filling out VA Form 21-526, Veterans Application for Compensation and/or Pension. Click here for a VA Disability Fact Sheet
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What is VA Pension?
Pension is a non-service connected benefit paid to wartime veterans who have
limited or no income, and
who are age 65 or older, or, if under 65, who are
permanently and totally disabled. Generally, you may be eligible if:
you were discharged from service under conditions other than dishonorable,
AND
you served at least 90 days of active military service 1 day of which was
during a war time period. If you entered active duty after
September 7, 1980, generally you must have served at least 24 months or the full
period for which called or ordered to active duty (There are exceptions
to this rule), AND
your countable family income is below a
yearly limit set by law (The yearly limit
on income is set by Congress), AND
you are age 65 or older, OR, you are permanently and
totally disabled, not due to your own willful misconduct. Click here to read about VA Pension Benefits.
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What is Presumptive Service Connection?
VA presumes that specific disabilities diagnosed in certain veterans were caused by their military service. VA does this because of the unique circumstances of their military service. If one of these conditions is diagnosed in a veteran in one of these groups, VA presumes that the circumstances of his/her service caused the condition, and disability compensation can be awarded. Entitlement to disability compensation may be presumed under certain circumstances for specific listed conditions. Veterans diagnosed with chronic diseases (such as arthritis, diabetes, or hypertension) are encouraged to apply for disability compensation. Veterans diagnosed with amyotrophic lateral sclerosis (ALS)/Lou Gehrig's disease at any time after discharge or release from qualifying active service is sufficient to establish service connection for the disease, if the veteran had active, continuous service of 90 days or more. Click here to read the VA Presumptive Disease Fact Sheet
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What is VA Individual Unemployability?
Individual Unemployability is a part of VA's disability compensation program that allows VA to pay certain veterans compensation at the 100% rate, even though VA has not rated their service-connected disabilities at the total level.
A veteran must be unable to maintain substantially gainful employment as a result of his/her service-connected disabilities. Additionally, a veteran must have: One service-connected disability ratable at 60 percent or more, OR Two or more service-connected disabilities, at least one disability ratable at 40 percent or more with a combined rating of 70 percent or more.
Veterans who are in receipt of Individual Unemployability benefits may work as long as it is not considered substantially gainful employment.
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Will the SSA Expedite My SSA Claim as a Veteran?Military service members can receive expedited processing of disability claims from Social Security. Benefits available through Social Security are different than those from the Department of Veterans Affairs and require a separate application. The expedited process is used for military service members who become disabled while on active military service on or after October 1, 2001, regardless of where the disability occurs. You may apply for disability benefits at any time while in military status or after discharge, whether you are still hospitalized, in a rehabilitation program or undergoing out-patient treatment in a military or civilian medical facility. You may apply online at www.socialsecurity.gov/woundedwarriors, or in person at the nearest Social Security office.
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Contact Us
James R. Linehan PC 4 NE 10th Street
Oklahoma City, Oklahoma 73104
Call Nationwide Toll Free 800-266-9535
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