Veterans Disability Benefit

The veterans’ disability benefit is available to veterans for disabilities that are a result of or made worse by injuries or diseases that occurred while the veteran was on active duty, active duty training, or inactive duty training. It is also paid to certain veterans that are disabled because of VA (Veteran’s Administration) Healthcare.

• VA disability benefits are tax-free and range from $115 to $3100 a month depending on the Veterans disability rating. The minimum rating is ten percent with one hundred percent being the maximum.
• Additional benefits may be available to the veteran’s spouse and children if the disability rating is high enough.
• Applications for benefits are made on Form 21-526, Veterans Application for Compensation and/or Pension. You should attach copies of your service discharge record, marriage, and birth certificates for your dependents and any medical information you have. Applications can also be made online at https://vabenefits.vba.va.gov/vonapp.
• There are also programs for Gulf War veterans who be experiencing medical issues not traceable to any medical disease. The VA also has a pension program for wartime veterans who have permanent disabilities not related to military service who have limited resources.
• Veterans Aid and Attendance is an additional benefit available to veterans who need additional care to remain in their homes. The veteran must first qualify for the disability benefit to be eligible for the additional assistance.

Determining a disability under VA regulations is complicated. Legal representation is advisable. Getting legal representation for VA disability benefits claims can be problematic. There is a regulation dating from the civil war that only allow attorneys to charge ten dollars ($10) for assisting veterans in applying for benefits. This only applies to certain levels of the application and appeal process. This should not deter a veteran from seeking legal representation. Attorney’s fees are allowed at higher levels of appeal before the VA.