Connecticut Blue Star Mothers

THE DEPARTMENT OF VETERANS AFFAIRS

http://www.va.gov/

The VA In Connecticut

Eligibility

Veterans Benefits Administration

IF YOU ARE MAKING A MEDICAL CLAIM

FROM:  Army Times   www.ArmyTimes.com

Ask the Lawyer: Don’t hire a lawyer to help with VA claims

Q. I have seen ads for lawyers who want to help me with filing a claim for disability compensation from the Veterans Affairs Department. Do I need a lawyer to help me with a VA disability claim?

A. No! In my experience as a disabled veteran and as an attorney, only in rare instances would you need a lawyer to help file a disability claim. And even if legal assistance is needed, many veterans service organizations will provide you with an attorney or assist you in obtaining someone like myself, who will help you for free.

I highly recommend you work with a VSO when you file a VA disability claim.

Groups like Disabled American Veterans, of which I am a lifetime member, provide disability claims assistance to veterans for free, regardless of whether you are a DAV member.

Veterans generally are eligible for VA benefits for disabilities related to their military service. While the word “disability” sounds serious, minor injuries — such as ringing in the ears and even acne — often qualify as a disability.

Nearly every service member who has spent at least a few years in the military likely will qualify as having some type of “disability.”

To file a successful claim, a veteran generally must demonstrate three things: 1) an injury or disease that began or was made worse during military service; 2) a current disability, proven through medical documentation; and 3) evidence that the current disability is related to the injury, disease or event in military service, also proven by medical documentation.

Q. If I am going to qualify for military retirement, why should I waste my time with a VA disability claim?

A. First, because you’re entitled to it. Disability compensation is an entitlement.

Second, VA disability payments are tax-free.

Third, VA disability payments are nearly impossible for anyone else to touch because they are generally exempt from garnishment (several major exceptions apply, such as garnishment for child support).

Fourth, if your injury worsens over time, it’s easier to increase your entitlement once you establish your basic eligibility for disability compensation.

Disabled veterans should not let anything stand in the way of receiving the benefits they are entitled to as a result of their military service.

Though the process may seem daunting at first, VSOs are available to help answer any questions and provide the attention you deserve.

_______________________

Mathew B. Tully is an Iraq war veteran and founding partner of the law firm Tully Rinckey PLLC (www.fedattorney.com). E-mail questions to askthelawyer@militarytimes.com. The information in this column is not intended as legal advice.

DON'T FACE THE VA ALONE!

Contact a Veteran Service Officer

From a Veteran Service Organization

Before Filing a VA Claim!

Directory of Veteran Service Organizations

http://www1.va.gov/vso/index.cfm?template=view

VA Form 21-22    Form to request a representative from a VSO to represent you when you apply for VA benefits.

http://www4.va.gov/vaforms/search_action.asp?FormNo=21-22&tkey=&Action=Search

• To apply for service-connected disability benefits:

You can apply by filing VA Form 21-526, Veterans Application for Compensation and/or Pension, with your VA Regional Office.

Attach it to your application the following documents:

1. Discharge papers (DD 214)
2. Dependency records (marriage and children’s birth certificates)
3. Medical evidence (doctor and hospital reports)

You can also apply on the internet at the VA Online Application website (VONAPP) at https://vabenefits.vba.va.gov/vonapp/main.asp

• If you are disabled due to your service for our country:

Veterans who served in the active military, who received an honorable or general discharge, and who became sick or injured (or had an injury or medical condition worsened) during military service for our country, are entitled to VA disability compensation.  These are monthly, non-taxable benefits payable to you. 

Remember: these benefits are payable for disabilities that are caused by something that happened while you were on active duty -- OR -- by a condition that you had before you were in the military, but that was made worse by your service.

First, you must show that your discharge was classified as 'honorable' or 'general'.  You are not eligible for disability benefits if you were received a 'dishonorable' discharge from your military service.

After that, you must prove the following:

1. Evidence of a current physical or mental disability. This usually requires a medical diagnosis of your condition and paperwork to substantiate the claim.
2. Evidence that an injury or event occurred during service which caused or aggravated your disability.
3. Evidence that your current disability is connected to the injury or event during service.

• Things to remember:

1. Compensation benefits are not based on financial need.  Your income or assets do not affect whether you can receive benefits.
2. You can receive compensation benefits even if you are working, or receiving other types of income such as Social Security disability benefits.
3. Some disabilities can be service-connected even though they are not directly linked to an injury or event during service; such as: if you develop a problem with your right leg because of a back injury received during service, you may file a claim for the disability with your right leg.  Similarly, if you suffered a back injury during service and then developed depression due to chronic back pain, you are eligible to file claims for both your back and depression.

• Eligibility ratings and payments:

After going through the steps and the VA determining that you have a service connected disability, they will then rate the severity of your disability.

1. In rating the severity of your disability, the VA uses a percentage scale from 0% to 100%.
2. You do not have to be “totally” disabled in order to receive benefits, but you must have at least a 10% rating to receive monthly payments, and at least a 30% rating to qualify for benefits for your dependent spouse, children or parents.
3. If you have more than one service-connected disability, the VA will rate each disability separately and combine them to give you an overall disability rating.
4. Higher percentage ratings mean higher monthly payments.

5. If you are already receiving service connected benefits and your disability worsens, you can apply for an increased per centage rating.  If you are unable to work as a result of your service connected disability, apply for 'total disability based on individual unemployability'.   This provides for the payment of total disability at the 100 percent rate even though your combined rating may be less than 100 percent.

The Department of Veterans Affairs

Website:  http://www.va.gov/

Benefits Page:  http://www.vba.va.gov/VBA/

Regional Benefits Offices:  http://www2.va.gov/directory/guide/division_flsh.asp?dnum=3

Forms:  http://www4.va.gov/vaforms/

Vet Centers:  http://www2.va.gov/directory/guide/vetcenter_flsh.asp

Hospitals and Clinics:  http://www2.va.gov/directory/guide/division_flsh.asp?dnum=1

Cemetery Locations:  http://www2.va.gov/directory/guide/division_flsh.asp?dnum=4

Regional Loan Centers:  http://homeloans.va.gov/rlcweb.htm

Toll Free Numbers for Contacting VA

VA Benefits: 1-800-827-1000 begin_of_the_skype_highlighting              1-800-827-1000      end_of_the_skype_highlighting

• Burial
• Civilian Health and Medical Program of the Department of Veterans Affairs (CHAMPVA)
• Death Pension
• Dependency Indemnity Compensation
• Direct Deposit
• Directions to VA Benefits Regional Offices
• Disability Compensation
• Disability Pension
• Education
• Home Loan Guaranty
• Life Insurance
• Medical Care
• Vocational Rehabilitation and Employment

Beneficiaries in receipt of Pension Benefits: 1-877-294-6380 begin_of_the_skype_highlighting              1-877-294-6380      end_of_the_skype_highlighting

Education (GI Bill): 1-888-442-4551 begin_of_the_skype_highlighting              1-888-442-4551      end_of_the_skype_highlighting

Health Care Benefits: 1-877-222-8387 begin_of_the_skype_highlighting              1-877-222-8387      end_of_the_skype_highlighting

Income Verification and Means Testing: 1-800-929-8387 begin_of_the_skype_highlighting              1-800-929-8387      end_of_the_skype_highlighting

Life Insurance: 1-800-669-8477 begin_of_the_skype_highlighting              1-800-669-8477      end_of_the_skype_highlighting

Mammography Helpline: 1-888-492-7844 begin_of_the_skype_highlighting              1-888-492-7844      end_of_the_skype_highlighting

Special Issues - Gulf War/Agent Orange/Project Shad/Mustard Agents and Lewisite/Ionizing Radiation: 1-800-749-8387 begin_of_the_skype_highlighting              1-800-749-8387      end_of_the_skype_highlighting

Status of Headstones and Markers: 1-800-697-6947 begin_of_the_skype_highlighting              1-800-697-6947      end_of_the_skype_highlighting

Telecommunications Device for the Deaf (TDD): 1-800-829-4833 begin_of_the_skype_highlighting              1-800-829-4833      end_of_the_skype_highlighting

For health care services, contact your nearest VA medical facility. To locate all VA facilities, click on Find a VA Facility.

The Department of Veterans Affairs Of STATES and TERRITORIES

ALABAMA   http://www.va.state.al.us/

ALASKA   http://www.veterans.arkansas.gov/

ARIZONA   http://www.azdvs.gov/

ARKANSAS   http://www.veterans.arkansas.gov/

CALIFORNIA   http://www.cdva.ca.gov/

COLORADO   http://www.dmva.state.co.us/

CONNECTICUT   http://www.ct.gov/ctva/cwp/view.asp?A=2005&Q=293114

DELAWARE   http://veteransaffairs.delaware.gov/

FLORIDA   http://www.floridavets.org/index.asp

GEORGIA   http://sdvs.georgia.gov/portal/site/SDVS/

HAWAII   http://hawaii.gov/dod/ovs/

IDAHO   http://veterans.idaho.gov/Home.aspx

ILLINOIS   http://www.veterans.illinois.gov/

INDIANA   http://www.in.gov/dva/

IOWA   https://www.iowava.org/

KANSAS   http://www.kcva.org/

KENTUCKY   http://veterans.ky.gov/

LOUISIANA   http://www.vetaffairs.com/

MAINE   http://www.maine.gov/dvem/bvs/

MARYLAND   http://www.mdva.state.md.us/

MASSACHUSETTS   http://www.mass.gov/?pageID=veteranshomepage&L=1&L0=Home&sid=Eveterans

MICHIGAN   http://www.michigan.gov/dmva

MINNESOTA   http://www.mdva.state.mn.us/

MISSISSIPPI   http://www.vab.state.ms.us/

MISSOURI   http://www.mvc.dps.mo.gov/

MONTANA   http://dma.mt.gov/mvad/

NEBRASKA   http://www.vets.state.ne.us/

NEVADA   http://www.veterans.nv.gov/

NEW HAMPSHIRE   http://www.nh.gov/nhveterans/

NEW JERSEY   http://www.state.nj.us/military/

NEW MEXICO   http://www.dvs.state.nm.us/

NEW YORK   http://veterans.ny.gov/

NORTH CAROLINA   http://www.ncveterans.net/index.htm

NORTH DAKOTA   http://www.nd.gov/veterans/

OHIO   http://dvs.ohio.gov/

OKLAHOMA   http://www.ok.gov/ODVA/

OREGON   http://www.odva.state.or.us/

PENNSYLVANIA   http://www.milvet.state.pa.us/DMVA/163.htm

RHODE ISLAND   http://www.dhs.ri.gov/Veterans/VeteransServices/tabid/307/Default.aspx

SOUTH CAROLINA   http://www.govoepp.state.sc.us/va/mission.html

SOUTH DAKOTA   http://www.state.sd.us/applications/MV91MVAInternetRewrite/default.html 

TENNESSEE   http://www.state.tn.us/veteran/help.html

TEXAS   http://www.tvc.state.tx.us/

UTAH    http://veterans.utah.gov/

VERMONT   http://www.va.state.vt.us/

VIRGINIA   http://www.dvs.virginia.gov/

WASHINGTON   http://www.dva.wa.gov/

WEST VIRGINIA   http://www.wvs.state.wv.us/va/

WISCONSIN   http://www.dva.state.wi.us/benefits.asp

WYOMING   http://www.nasdva.net/group/wyoming 

AMERICA SAMOA   http://www.nasdva.net/group/americansamoa

DISTRICT OF COLUMBIA (WASHINGTON, D.C.)  http://ova.dc.gov/ova/site/default.asp

GUAM    http://www.nasdva.net/group/guam

NORTHERN MARIANA ISLANDS   http://www.nasdva.net/group/northernmarianaislands

PUERTO RICO    http://www.nasdva.net/group/puertorico

VIRGIN ISLANDS    http://www.nasdva.net/group/usvirginislands

NATIONAL ASSOCIATION OF STATE DIRECTORS OF VETERANS AFFAIRS   http://www.nasdva.net/