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…
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…
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…
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…
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…
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…
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…
A Veteran is a 40% shareholder in a LLC. The LLC owns a commercial building worth $200K, that is producing $1000 of income per month, the veteran receives net $400 per month. The 40% of the business is a countable asset and the $400.00 is countable income. Consequently, complete form 21-4185 and file with other claim forms. To increase your monthly income, please contact us about a FREE HANDBOOK about VA Benefits, written by David Wingate, an accredited VA Attorney, of Senior Life Care Planning, LLC, go to info@seniorlcp.com or if you require additional information about VA Benefits, visit our…
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