News
GAO reports on Reserve members and disability benefits access issues
November 6, 2023“Members of the National Guard and the Reserves can claim Veterans Affairs disability benefits. But they may struggle to prove that disabilities are service-related when they only serve part-time—making it harder for them to access benefits.” This is according to the GAO.
According to their report, the VA “approved 11 to 20 percent fewer initial disability compensation claims from members of the reserve components—the Reserves and National Guard—than the active components (i.e., full-time active-duty military) each year from 2012 through 2021, the most recent data available.”
Categories: VA Disability, Veterans Disability News
Compensation vs. Pension Benefits: Understanding the Key Differences
September 28, 2023
It’s essential for veterans and their families to understand the distinctions between these two benefit programs to determine which may be applicable to their unique circumstances.
By Matthew J. Brown, Esq. VA-accredited attorney and partner at Wolf & Brown Law Offices
The Department of Veterans Affairs (VA) provides a range of benefits to eligible veterans, two of which are compensation and pension benefits. While both programs offer support, they serve different purposes and have distinct eligibility criteria and payment structures.
Compensation Benefits
Purpose
Compensation benefits are designed to provide financial support to veterans who have incurred disabilities or diseases during their military service. These disabilities are typically service- connected, meaning they resulted from or were aggravated by military service.
Eligibility
To qualify for compensation benefits, veterans must demonstrate service connection between their disability and their time in the military. This can include physical injuries, mental health conditions, or diseases that emerged during service or were exacerbated by it.
Payment Structure
Compensation benefits are awarded based on the severity of the service-connected disabilities. The VA uses a rating system, assigning a percentage of disability to each condition. Higher percentages result in higher monthly compensation payments.
Tax Status
Compensation benefits are generally tax-free and do not count as income for tax purposes.
Medical Care
Veterans eligible for compensation benefits also receive access to VA medical care for their service-connected conditions, often free of charge.
Pension Benefits
Purpose
Pension benefits are financial assistance programs for veterans and their surviving spouses who have low income and meet specific age or disability requirements. These benefits are not related to service-connected disabilities.
Eligibility
To qualify for pension benefits, veterans must meet income and asset limitations, have served during a wartime period, and meet specific age or disability criteria. These benefits are primarily for veterans with limited financial resources.
Payment Structure
Pension benefits are provided at a flat rate, which varies depending on the veteran’s circumstances (single, married, surviving spouse, etc.). These benefits are means-tested, meaning they are adjusted based on the applicant’s income and assets.
Tax Status
Unlike compensation benefits, VA pension benefits are considered taxable income and must be reported on tax returns.
Medical Care
VA pension recipients are not automatically entitled to VA healthcare services. However, they may be eligible for VA healthcare if they meet certain criteria, such as being catastrophically disabled.
In summary, compensation benefits are designed for veterans with service-connected disabilities and provide financial support based on the severity of those disabilities. Pension benefits, on the other hand, are income-based assistance programs for veterans and their surviving spouses who have limited financial means and meet specific eligibility criteria.
If you’re uncertain about your eligibility or need assistance with the application process, please reach out to our team at Wolf & Brown for a free consultation.
Relevant pages: NJ Vet-Wire; Veterans Disability
Categories: VA Disability, Vet-Wire
Deciphering the VA Rating Decision: Understanding What’s Inside
September 6, 2023
For veterans navigating the complex world of VA disability benefits, receiving a VA rating decision is a significant milestone.
By Matthew J. Brown, Esq. VA-accredited attorney and partner at Wolf & Brown Law Offices
This document is the culmination of a lengthy process and contains vital information that determines the level of disability compensation a veteran will receive.
Let’s explore what’s inside a VA rating decision and demystify this essential document for veterans seeking support:
1. Veteran’s Information: The VA rating decision typically begins with the veteran’s personal information, including their name, Social Security Number, VA file number, and contact details. This section ensures that the document is correctly attributed to the veteran in question.
2. Claimed Disabilities: The heart of the rating decision is the listing of the disabilities claimed by the veteran. Each disability is detailed with its diagnosis, date of claim, and relevant information from medical records and examinations. Veterans should carefully review this section to ensure that all claimed disabilities are accurately documented.
3. Effective Date: The effective date is a crucial piece of information. It’s the date from which the VA will begin providing compensation for the approved disabilities. This date is often linked to when the VA received the initial claim or when the disability was diagnosed, but it can vary based on individual circumstances.
4. Service Connection: For each claimed disability, the rating decision will indicate whether the VA has granted or denied service connection. Service connection means that the disability is recognized as being linked to the veteran’s military service. If service connection is denied, the veteran will need to review the decision carefully to understand the reasons.
5. Disability Ratings: This section outlines the disability ratings assigned to each condition that has been granted service connection. The VA uses a rating schedule to assign percentages ranging from 0% to 100%, reflecting the severity of each disability. The higher the rating, the more compensation a veteran will receive.
6. Combined Disability Rating: If a veteran has multiple service-connected disabilities, the VA calculates a combined disability rating. This is not simply the sum of individual ratings but is determined through a specific formula. Understanding how this calculation works can help veterans anticipate their overall compensation.
7. Reasons and Bases for Decisions: The rating decision will provide a detailed explanation of the reasoning behind each decision, whether it’s granting or denying service connection or assigning a particular disability rating. This section is vital for understanding the basis of the VA’s decisions and can be used to support appeals or requests for reconsideration.
8. Effective Dates for Individual Disabilities: The document will also specify the effective date for each service-connected disability. These effective dates may vary depending on the specific conditions and their documentation.
9. Future Examination Dates: In some cases, the VA may schedule future examinations to re-evaluate a veteran’s disabilities. These dates will be clearly stated in the rating decision, giving veterans a heads-up for any potential re-assessments.
10. Information on Appealing: If a veteran disagrees with any part of the rating decision, there will be information on how to appeal the decision. This is a critical section for those seeking to challenge or seek a change in their disability ratings or service connection status.
Conclusion
The VA rating decision is a comprehensive document that holds the key to a veteran’s disability compensation. It outlines the approved disabilities, their ratings, effective dates, and the reasons behind the decisions. Understanding what’s inside a VA rating decision empowers veterans to advocate for their rights and access the benefits they’ve earned through their service to our country. It is crucial for veterans to carefully review this document and seek legal assistance if they have concerns or wish to appeal any aspect of the decision.
Relevant pages: NJ Vet-Wire; Veterans Disability
Categories: VA Disability, Vet-Wire
C&P Examinations – How Important They Are and What You Should Know
When filing for VA disability compensation, VA may ask you to attend an examination as part of the claims process. Generally, the purpose of this examination is to determine if you claimed disability is service-connected; or alternatively, to determine if the severity of your current service-connected condition is worsening, static, or improving.
By Matthew J. Brown, Esq. VA-accredited attorney and partner at Wolf & Brown Law Offices
Overall, the C&P examination has become a mine field for Veterans. Here are some tips and tricks to help veterans prepare for their C&P examinations and improve their chances of a fair assessment:
Be Honest and Open
Always provide truthful and accurate information about your medical condition and its impact on your daily life. Exaggerating or downplaying symptoms can lead to an inaccurate assessment.
Gather and Organize Medical Records
Compile all relevant medical records, including treatment histories, diagnoses, and test results, to support your claim. Organize them in a clear and chronological manner to make it easy for the examiner to review.
Create a Symptom Diary
Document your symptoms, their severity, and how they affect your daily life in a diary leading up to the examination. This can provide valuable insight into the impact of your condition.
List Medications and Treatments
Prepare a list of all medications you are currently taking, as well as any past treatments or therapies related to your condition. Include the names of the medications, dosages, and how they affect you.
Bring a Witness
You have the option to bring a trusted friend or family member to the examination as a witness. They can provide additional information about your condition and how it affects you.
Be Punctual and Prepared
Arrive at the examination location well in advance to avoid unnecessary stress. Bring all necessary documents, including identification, medical records, and a list of questions or concerns.
Stay Calm and Composed
C&P examinations can be nerve-wracking, but it’s essential to stay calm and composed during the evaluation. Answer questions clearly and concisely.
Describe the Worst Days
When discussing your symptoms, focus on how your condition affects you on your worst days. This provides a more accurate representation of the impact of your disability.
Ask Questions
Don’t hesitate to ask the examiner for clarification if you don’t understand a question. It’s essential to ensure you provide accurate information.
Request a Copy of the Exam Report
After the examination, request a copy of the examiner’s report. Review it carefully to ensure it accurately reflects your condition and the information you provided.
Remember that C&P examinations are intended to provide an objective assessment of your condition. By being well-prepared, honest, and organized, you can increase your chances of a fair and accurate evaluation that supports your disability claim.
Relevant pages: NJ Vet-Wire; Veterans Disability
Categories: VA Disability, Vet-Wire
“Glitch” blamed for delaying veterans disability claims for years
August 28, 2023From AirForceTimes.com: “About 32,000 veterans’ disability claims were delayed — some as long as five years — due to a technical flaw in federal filing systems, Veterans Affairs officials acknowledged this week.” Although the number of claims is reported to be a “fraction” of the millions of claim filed since the beginning 2018, “Department leaders could not say how many of the claims affected were first-time submissions versus supplemental filings looking to increase existing disability payouts.”
Those veterans whose claims were delayed due to the glitch will be awarded back pay “once their files are handled,” according to the VA.
Categories: VA Disability, Veterans Disability News
VA launches new Veteran Privacy website
August 10, 2023According to the VA, the new website is an improvement on a previous iteration and will make it easier for Veterans to access privacy information and tools, such as:
- Report a privacy complaint
- Report suspected identity theft
- Submit a FOIA request
- Find a System of Records Notice
- Get VA benefits fraud prevention tips
- View VA policies on privacy
- Access and download Fact Sheets on protecting your identity and privacy
- Keep updated on VA’s SSN reduction activities
- Learn from frequently asked privacy-related questions
Categories: VA Disability, Veterans Disability News
Long COVID disability benefits cases could rise
From Medscape: “At least 30 lawsuits have been filed seeking legal resolution of disability insurance claims, according to searches of court records. In addition, the Social Security Administration said it has received about 52,000 disability claims tied to SARS-CoV-2 infections, which represents 1% of all applications. But legal experts say those cases may not reflect the total number of cases that have gone to court. They note many claims are initially dismissed and are not appealed by claimants.”
Categories: Social Security Disability News
PACT Act News: Deadlines Approaching Fast
August 8, 2023From VA.gov: “VA encourages all eligible Veterans and survivors to file a claim—or submit their intent to file a claim—for PACT Act-related benefits now. Veterans who do so on or before Aug. 9, 2023 may have their benefits (if granted) backdated to Aug. 10, 2022, the day that President Biden signed the bill into law.”
“The PACT Act is one of the largest health and benefit expansions in VA history. It recognizes toxic exposure as a “cost of war” by addressing the full range of issues impacting toxic-exposed Veterans, ensuring generations of Veterans who suffer from toxic exposure-related conditions get the benefits and care they’ve earned. This new law also expands and extends eligibility for VA health care for Veterans with toxic exposures and Veterans of the Vietnam era, Gulf War era, and Post-9/11 era.”
Categories: VA Disability, Veterans Disability News
August 7th is Purple Heart Day
August 7, 2023From VA.gov: “Each year on August 7, our nation recognizes the men and women who are known as our Purple Heart recipients. The Purple Heart, one of the oldest military decorations, is presented to service members who were injured or killed in service to our country.”
The team at Wolf & Brown remembers and honors our nation’s 1.8 million Purple Heart recipients.
Categories: VA Disability, Veterans Disability News
VA continuing to probe toxic exposure
July 27, 2023“The Department of Veterans Affairs will review whether three more types of cancers will be added to the list of conditions presumed to be caused by exposure to toxins from military burn pits, the agency announced Tuesday.”, according to Stars & Stripes.
Categories: VA Disability, Veterans Disability News