Archive for the ‘VA Benefits’ Category

Veteran has a vacation property, in addition to their home, is it countable?

The fair market value of the rental property is an asset.

Asserting that VA failed to fulfill its duty to assist the veteran

If you file an appeal on behalf of a veteran regarding service connected injury, asserting that VA failed to fulfill its duty to assist the veteran when it failed to obtain complete disability records from a government agency i.e. Social Security Administration (SSA). The outcome is favorable, as long as a reasonable possibility exists that SSA and other medical records are relevant to the veteran’s claim, the VA is required to assist the veteran in obtaining the identified records. However, Congress has placed reasonable limits on the VA’s duty to assist. Consequently, the VA is not required to obtain records…

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A Veteran, 50 years later, filed a claim for compensation for a service-connected back injury.

A Veteran, 50 years later, filed a claim for compensation for a service-connected back injury. Unfortunately, no medical records were available. Consequently, the VA denied service connection, and refused to order a current medical examination. Upon, the veteran’s appeal, the Federal Court held medically competent evidence is not required in every case to establish service-connection sufficient to make the minimal showing of nexus required to mandate a medical examination. It may be possible to establish a nexus through lay evidence, like that provided through testimony of the veteran in this case. For more in to increase your monthly income, please…

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Veterans of Frederick and Montgomery County, Maryland can now get help accessing benefits and programs offered by federal and state governments to assist veterans

Veterans’ need services, and many do not know where to turn for assistance, states David Wingate of Senior Life Care Planning.

VDC eligibility and determination

In contrast to the five-step determination process for Social Security claims that requires a determination that a claimant is not earning more than substantial gainful activity ($1,000 per month for non-blind individuals in 2010 and 2011), has a severe impairment that significantly limits the ability to do work, and either meets or equals a “listed” impairment or has a “residual functional impairment” that prevents the individual from performing prior work or any other work in the national economy, eligibility for VDC benefits uses a two-step process. First, a claimant must prove that he or she is a military veteran and…

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The VA has a “presumptive conditions” policy that entitles certain veterans, survivors, and dependents, to a presumption of service-connection.

The VA has a "presumptive conditions" policy that entitles certain veterans, survivors, and dependents, to a presumption of service-connection for certain disease or conditions related to certain conflicts or military service. These include former POWs, Vietnam veterans exposed to Agent Orange, atomic veterans exposed to ionizing radiation, Gulf War veterans with undiagnosed illnesses, veterans diagnosed with certain chronic diseases within one year of release from active duty, and veterans with 90 days or more of contiguous service diagnosed with Lou Gehrig’s disease following discharge from active duty. If an injury or illness is determined to be service-related, the condition(s) are…

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Program distinctions between Social Security Disability “SSDI” and Veterans Disability Compensation “VDC”

Distinctions between the SSDI and VDC programs make it possible for even a 100% disabled veteran to be denied SSDI coverage. VDC does not require total impairment before benefits can be awarded, nor does VDC require a claimant to be unable to work unless the claimant receives IU compensation. The average monthly VDC payment of $2,673 is more than twice that of the average $1,064 payment received by SSDI beneficiaries. Veterans who receive compensation under both programs, are not subject to any offset of one benefit against the other (CRS Order Code R41289, June 17, 2010). For more in to…

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The differences between Veterans Disability Compensation program (VDC) and the Social Security Disability Insurance program

The Congressional Research Service outlines the differences between Veterans Disability Compensation program (VDC) and the Social Security Disability Insurance program under the Title II of the Social Security Act (SSDI). According to the report, these are the primary differences: SSDI is an insurance program that replaces earnings for a person whose illness or injury, which is not necessarily work-related, results in an inability to perform any substantial gainful activity. VDC is not insurance, but a compensation program that pays benefits to veterans who develop medical conditions that are related to their military service. SSDI provides both civilians and military persons…

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An organization called Veterans Affairs Services is providing benefit and general information on VA and gathering personal information on veterans.

An organization called Veterans Affairs Services (VAS) is providing benefit and general information on VA and gathering personal information on veterans. This organization is not affiliated with VA in any way. VAS may be gaining access to military personnel through their close resemblance to the VA name and seal.  The VA General Counsel informs military installations, particularly mobilization sites, of this group and their lack of affiliation or endorsement by VA to provide any services. Additionally, the General Counsel requests that if you have any examples of VAS acts that violate chapter 59 of Title 38 United States Code, such…

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Most veterans, over 65, and their families are not aware of Aid and Attendance.

Most veterans, over 65, and their families are not aware of Aid and Attendance. If the veteran is approved, this veteran’s benefit can cover some costs of home care and assisted living community. The aid and attendance veteran’s benefit, depending on your needs, can cover $1964 a month of such costs for qualifying veterans. The veteran must be 65 or older, have served, at least one day, during wartime, an honorable discharge, and meet certain other income and asset requirements, to qualify for this benefit. The benefit is paid in addition to monthly pension benefits, according to the Department of…

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