Veterans and their families may be eligible for VA benefits for a range of reasons, including service-related disabilities, education assistance, and more.
Summary
If you have served in the Army, Air Force, Navy, Coast Guard, or Marines, you might be entitled to various benefits provided by the U.S. Department of Veterans Affairs (VA). These benefits encompass housing assistance, education, health care services, and training programs. The VA also offers disability compensation for veterans with service-related disabilities.
The primary benefit available for disabled veterans is disability compensation. This is a monthly tax-free payment the VA gives to veterans with disabilities connected to their military service. The VA calculates it based on their level of disability and how such disability affects their daily lives.
However, there are additional forms of compensation available for family members of veterans who died in service, those requiring extra assistance, and other special cases. Bartlett Legal Group supports veterans seeking compensation for service-related disabilities.
We provide free claim assessments and represent veterans in the VA appeals process. To find out more or to schedule a consultation with a veterans disability appeals lawyer, please contact our office at (850) 332-6434 or submit this contact form.
Disability compensation is one of the key benefits provided to veterans diagnosed with injuries or illnesses related to their active military service. The VA has a list of presumptive service-connected conditions, including those resulting from being a prisoner of war (POW) or exposure to harmful chemicals.
Additionally, vets may qualify for compensation for secondary disabilities linked to their primary service-connected conditions. To be eligible for disability compensation, you are required to submit an application along with supporting evidence such as medical and service records. If approved, the VA will assign a disability rating ranging from 0 to 100% in 10% increments.
Should the VA deny the application or assign a lower-than-expected rating, veterans have the option to appeal the decision. Our veteran disability appeals lawyers at Bartlett Legal Group are here to represent you in your VA appeal and to ensure that you get the compensation and support you deserve.
The Code of Federal Regulations (CFR, 2003) emphasizes that VA disability compensation is aimed at addressing the earnings loss faced by disabled veterans. The regulations provide that the percentage disability ratings represent as far as can practically be determined the average impairment in the veteran’s earning capacity resulting from such injuries and diseases, and their residual conditions in civil occupations.
Disability ratings are derived from medical evaluations conducted for each veteran. These assessments initially take place during the discharge process from active duty. Veterans also have the option to request a reevaluation by the VA after their discharge.
The Compensation and Pension exams are guided by the Veterans’ Affairs Schedule for Rating Disabilities (VASRD). This translates specific medical conditions into disability percentages in 10-percentage-point intervals. The concept of earnings capacity means that compensation should reflect the difference between what an individual could have earned without a disability and what they can earn with the disability.
When a service member dies in the line of duty or from a service-related disability, their dependents may be eligible for Dependency and Indemnity Compensation (DIC). This benefit is generally available to dependent children, surviving spouses, and parents who meet specific criteria, such as a parent’s financial reliance on the deceased veteran.
To obtain these DIC benefits, the surviving spouse, child, or parent needs to complete an application tailored to their situation. Once approved, the dependents receive a monthly tax-free payment. The amount of this benefit varies based on the type of survivor.
As of December 1, 2023, the basic monthly rate of Dependency and Indemnity Compensation (DIC) for deaths occurring on or after January 1, 1993, was $1,612.75.
Additional allowances include:
To qualify for benefits, the deceased service member must have died under one of the following conditions:
A surviving spouse is eligible if they:
A surviving spouse who remarries on or after December 16, 2003, and after reaching age 55, is still eligible to continue receiving DIC.
Surviving children are eligible if they:
A child adopted out of the Veteran’s family may still be eligible for DIC if all other criteria are met. Certain helpless adult children may also qualify.
Parents’ Dependency and Indemnity Compensation (DIC) is a tax-free, income-based benefit for parents of military service members who died in the line of duty or veterans whose death resulted from a service-related mental or physical condition. To be eligible, surviving parents must have an income below a legally established threshold.
VA Special Monthly Compensation (SMC) is a tax-free supplementary benefit available to veterans, their spouses, surviving spouses, and parents. In a VA disability claim, veterans may receive an elevated rate of compensation under SMC due to unique circumstances.
For example, SMC eligibility could be based on requiring assistance from another individual for daily activities. Additionally, vets with specific disabilities, such as the loss of use of a hand or leg, can qualify for SMC. For spouses and surviving spouses, this benefit is often called aid and attendance. The VA awards it based on the necessity of having another person help with daily tasks.
The 2024 VA Special Monthly Compensation rates are effective as of December 1, 2023. Levels K and Q, also known as SMC rate payment variations, are special rates that can be added to your basic SMC rate.
Levels L through O address specific disabilities and situations:
Similarly to the rates for those without children, levels L through O cover specific disabilities and needs:
The VA is also required by law to match the percentage of cost-of-living adjustments made to Social Security benefits. These adjustments ensure that your benefits maintain their purchasing power relative to inflation. For the latest cost-of-living adjustment (COLA) information, visit the Social Security Administration’s (SSA) website.
The VA sets SMC levels based on specific conditions and combinations of circumstances including:
When the VA identifies a veteran with a service-connected physical or mental health condition, they may provide additional compensation for specific situations. These include:
These benefits can be one-time, temporary, or result in increased monthly disability compensation. For more information on qualifying for these special programs, consult your VA disability benefits attorney at Bartlett Legal Group.
Also Read: VA Disability Benefits Delivered to Women Veterans Breaks a Record
Bartlett Legal Group is a team of VA-accredited lawyers dedicated to helping veterans and their dependents receive fair and just compensation for service-connected injuries. Our experienced veterans disability claims attorneys understand the complexities of VA claims better than unaccredited coaches or consultants. We won’t hesitate to fight for your rights.
Don’t wait any longer to get the VA disability benefits you deserve. Call Bartlett Legal Group at (850) 332-6434 or submit this contact form to book your free consultation today. Let us help you navigate the VA system and secure the compensation you qualify for.
Disclaimer: The information on this website is not, nor is it intended to be legal advice. You should contact an attorney for advice on your individual situation. Contacting Bartlett Legal Group, PLLC does not create an attorney-client relationship.
