Posted by Gregory M. Rada | Disability Compensation,PTSD Benefits,State Veteran Benefits
Although VA disability compensation benefits and VA pension benefits are both a type of monthly payment, that is where the similarities end. In short, VA disability compensation benefits are monthly payments for medical disability’s that are related to active duty, while VA pension benefits are monthly payments made to a veteran when they are unable to work due to medical conditions that are not related to active duty.
A veteran can only receive VA disability compensation benefits or VA pension benefits, not both simultaneously. If a veteran is eligible for both benefits, they will receive whichever benefit pays the higher monthly payment rate.
The Department of Veterans Affairs awards disability compensation benefits to compensate veterans for injuries and diseases incurred in or related to active-duty service in the Navy, Marine Corps, Army, Air Force, or Coast Guard. The primary goal of disability compensation is to compensate a veteran for loss of earning capacity due to disabilities caused by active military service.
To receive VA disability compensation benefits, you must be a veteran. The VA defines a veteran as a person who served in the active military, air, naval, or space service, and who was discharged or released from activity duty under conditions other than dishonorable. For a reservist or guard member to qualify for disability compensation, they must have had an injury occur in the line of duty or during training.
To service connect a medical disability and receive disability compensation payments, you must show:
If you show those three requirements, the VA will issue a rating decision where they grant service connection for your disability. The VA will also assign a rating to your disability that is based on the severity of your symptoms. If you are service connected for more than one disability, the VA combines all your individual ratings to arrive at a combined disability rating. Your combined rating is what determines your monthly payment rate. Note that VA can reduce or increase your ratings over time as symptoms worsen or improve.
VA pension benefits are awarded when a veteran who has served in a time of war, has very low income or is unable to work, and has a permanent and total disability. Veterans aged 65 or older are conclusively presumed to be permanently and totally disabled for pension purposes.
The VA pension program is needs based. This means that the amount of your pension payment is reduced by any other income you might have. For example, the 2022 pension rate for veteran with no dependents is $1,229. If a veteran qualifies for VA pension, but they are also receiving Social Security benefits in the amount of $1,000 per month, VA pension would only pay them the difference between the two — $229.
The VA pension program is usually a last resort for wartime veterans with no or very low income and is designed as a last measure to stop someone from going homeless.
A veteran can apply for VA pension benefits through VA’s website or by downloading, completing, and submitting a VA Form 21P-527EZ.
The payment rates for VA disability compensation is based on your combined rating. You can view the current payment rates by visiting VA’s website.
VA pension payment rates are going to very for each individual veteran because they are based on the amount of income that a veteran has as well as any medical expenses. You can read about how VA calculates pension payment rates at their website.
At Gregory M. Rada, Attorney at Law, we often receive numerous questions from veterans about VA TDIU claims. Gregory M. Rada has been representing his fellow veterans before the Veterans Administration since 2012. To assist you in understanding this crucial benefit, we have compiled answers to some of the most frequently asked questions related to VA TDIU lawyers and the appeals process.
What Is The Difference Between Schedular And Extraschedular TDIU?
Schedular TDIU is awarded to veterans who meet specific disability rating thresholds set by the VA. Typically, this means one service-connected disability rated at least 60% disabling, or multiple disabilities where at least one is rated at 40% disabling and combined to a total of 70% or more. Extraschedular TDIU, on the other hand, is considered on a case-by-case basis for veterans who do not meet these rating criteria but are still unable to maintain substantially gainful employment due to their service-connected disabilities. The VA evaluates extraschedular cases based on evidence that shows the veteran’s disabilities uniquely prevent them from working.
To appeal a TDIU claim denial, a veteran must file a Notice of Disagreement (NOD) with the VA within one year of receiving the decision. This marks the beginning of the formal appeals process. During this phase, veterans can choose to have their appeal handled through the Decision Review Officer (DRO) process or take the traditional appeal route, which may involve multiple steps and reviews, including the possibility of a Board of Veterans’ Appeals hearing.
The TDIU appeals process typically involves several key stages. Initially, after the NOD is filed, the case may be reviewed by a DRO who provides a fresh look without being bound by the previous decision. If the DRO’s decision is still unfavorable, the next step involves appealing to the Board of Veterans’ Appeals, where veterans can opt for a direct review, submit new evidence, or request a hearing. Should the board’s decision not be favorable, further appeals can be pursued at the U.S. Court of Appeals for Veterans Claims and potentially the Supreme Court.
Engaging a VA TDIU lawyer can significantly impact the outcome of your appeal. Experienced attorneys understand the legal nuances and can effectively navigate the complex VA system. They can help in gathering robust medical evidence, preparing compelling legal arguments, and representing veterans during hearings. Lawyers are also adept at managing procedural requirements and deadlines, which can be pivotal in avoiding delays or denials.
Veterans seeking assistance with TDIU claims can consult with a VA TDIU lawyer who specializes in veterans’ benefits. These professionals offer in-depth knowledge and can provide personalized guidance based on a veteran’s unique circumstances. Additionally, veterans may explore resources available through the VA, veteran service organizations, and legal aid entities dedicated to veterans’ issues.
At Gregory M. Rada, Attorney at Law, we are committed to supporting veterans through their TDIU claims and appeals. He has won hundreds of cases involving entitlement to individual unemployability (TDIU), service connection disputes for conditions such as PTSD, and appeals for increased ratings. Understanding the VA system and how to effectively navigate the claims process is essential for achieving a favorable outcome. If you have further questions or need assistance with your claim, we encourage you to reach out to us. Our experienced team is ready to help you understand your rights and work towards securing the benefits you deserve. Contact us today to learn more about how we can assist you with your TDIU claim.
