Veterans and their families may be eligible for VA benefits for a range of reasons, including service-related disabilities, education assistance, and more.
Summary
- Veterans can access various VA benefits, including housing assistance, education, healthcare services, training programs, and disability compensation for service-related injuries or illnesses.
- The VA provides monthly tax-free payments to veterans with service-related disabilities, calculated based on the severity and impact of their condition. Secondary disabilities related to primary service-connected conditions may also qualify.
- Dependency and Indemnity Compensation is for dependents of service members who died in service or from service-related disabilities. Spouses, children, and parents may qualify for DIC benefits.
- Special Monthly Compensation provides additional tax-free benefits for veterans, spouses, and surviving spouses. It depends on factors like disability level and dependent status.
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 for Service-Connected Conditions
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.
How the VA Determines Disability Compensation
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.
Dependency and Indemnity Compensation (DIC)
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.
VA DIC Benefit Highlights
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:
- Totally Disabling Condition: An additional $342.86 if the Veteran was receiving or entitled to receive compensation for a service-connected disability rated as totally disabling (including individual unemployability) for at least 8 consecutive years before their death, and the surviving spouse was married to the Veteran for the same period.
- Dependent Children: An additional $399.54 for each dependent child under 18, between 18 and 23 if attending school, or for helpless children over 18.
- Aid and Attendance: An additional $399.54 if the surviving spouse qualifies for Aid and Attendance.
- Housebound Status: An additional $187.17 if the surviving spouse qualifies for Housebound benefits.
- Transitional Benefit: An additional 2-year transitional benefit of $342.00 if the surviving spouse has one or more children under 18 included in the award.
Eligibility for Dependency and Indemnity Compensation
To qualify for benefits, the deceased service member must have died under one of the following conditions:
- While on active duty, inactive duty training, or active duty for training; OR
- From an injury or illness that is linked to military service, OR
- From a non-service-related illness or injury but was receiving, or was entitled to receive, VA Compensation for a service-connected total disability for at least 10 years immediately before death, or since the Veteran’s release from active duty and for at least five years prior to death, or for at least one year before death if the Veteran was a former prisoner of war and died after September 30, 1999.
Additional DIC Eligibility for Surviving Spouses, Children, and Parents
A surviving spouse is eligible if they:
- Were married to a service member who died on active duty, active duty for training, or inactive duty training, or
- Married the Veteran within 15 years of their discharge from the period of military service in which the disease or injury that caused the Veteran’s death began or was aggravated, or
- Validly married the Veteran before January 1, 1957, or
- Were married to the Veteran for at least one year, or
- Had a child with the Veteran and lived continuously with the Veteran until their death, or if separated, was not at fault for the separation, and
- Are not currently remarried.
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:
- Are not included in the surviving spouse’s DIC award,
- Are unmarried, and
- Are under age 18, or between 18 and 23 and attending school.
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.
Special Monthly Compensation (SMC)
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.
How to Determine Your Monthly SMC Payment
- Basic SMC Rates Table: Locate the Basic SMC Rates table. In the left column, identify the dependent status that best describes you. Then, find your SMC letter designation in the top row. Your monthly basic rate is where these two intersect.
- Additional Amounts: If you have two or more children or if your spouse receives Aid and Attendance benefits, refer to the Added amounts table to determine any additional payments that should be included with your basic SMC rate.
Special Monthly Compensation Rates for Veterans Without Children
Levels L through O address specific disabilities and situations:
- Level R: This applies if you require daily assistance from another person for basic needs like eating, dressing, and bathing.
- Level S: Applies if you are unable to leave your home due to service-connected disabilities.
Special Monthly Compensation Rates for Veterans with Dependents, Including Children
Similarly to the rates for those without children, levels L through O cover specific disabilities and needs:
- Level R: Applies if you need daily help with basic activities like eating, dressing, and bathing.
- Level S: Applies if you cannot leave your house because of service-connected disabilities.
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.
How the VA Assigns SMC Levels L Through O
The VA sets SMC levels based on specific conditions and combinations of circumstances including:
- Amputation of one or more limbs or extremities
- Physical loss of one or both eyes
- Loss of use of one or more limbs or extremities, meaning no effective function remains
- Total blindness or significant vision loss in one or both eyes
- Needing daily assistance with basic tasks (eating, dressing, bathing), also known as “Aid and Attendance”
- Being permanently bedridden
VA Disability Benefits Based on Special Circumstances
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:
- Automobile Allowance and Adaptive Equipment: The VA offers this as support for veterans who can’t drive due to service-connected disabilities.
- Agent Orange-Linked Birth Defects: Extends financial assistance for children of veterans affected by spina bifida and other birth defects related to toxic chemical exposure to Agent Orange.
- Clothing Allowance: Seeks to offer funds for clothing damaged by prosthetic devices or orthopedic or medications for skin conditions.
- VA Dental Care: Access to dental services provided by the VA.
- Convalescence Benefits: Temporary disability payments or other benefits for recovery from surgery or treatments related to a service-connected disability.
- Hospitalization Benefits: Compensation for time spent in the hospital due to a service-connected disability.
- Title 38 U.S.C. 1151 Disabilities: Compensation for additional disabilities that occur during VA medical care or participation in VA employment or training programs.
- Individual Unemployability: Increased disability payments if the veteran is unable to work because of their service-connected disabilities.
- Temporary Disability Payments: For veterans recently discharged from active military service who have a service-connected disability.
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.
Discuss Your VA Disability Claim With the Lawyers of Bartlett Legal Group Today
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.
