Eligibility for Veterans Disability
If you were injured or sustained an illness in the course of your active
duty military service, or if an existing condition was aggravated during
your service, you may be eligible to claim compensation through the veterans
disability program. Your condition must have left you at least 10% disabled,
and it must be demonstrated that your disability was received in connection
with your service in the Armed Forces. There are several types of compensation
available to disabled veterans, including:
This type of benefit is not taxable, and the amount paid is determined
according to the percentage of disability. As mentioned above, the minimum
disability is 10%, and the rating is increased in increments of 10 up
to 100%. The injury may have been sustained in combat, otherwise on active
duty or in training. You must not have received a dishonorable discharge
to be eligible for disability compensation.
Dependency and Indemnity Compensation
Surviving spouses, children and parents of servicemembers who have died
on active duty, in training or as a result of a service-related disability
can claim dependency and indemnity compensation (DIC). Spouses of veterans
must have been married prior to January 1, 1957, or must have been married
within 15 years of the date of discharge. You must have been married for
at least one full year or must have had a child together. Cohabitation
with the veteran is also a requirement, unless you were separated through
the fault of the veteran. If you have since remarried, you will not be
eligible for DIC. Unmarried children under the age of 18 may claim DIC
provided that they are not covered by a parent's benefits, as well
as those between the ages of 18 and 23 who are currently attending school.
For a parent to receive DIC, he or she must have been financially dependent
on the servicemember.
Special Monthly Compensation
If you meet certain additional requirements, you may be eligible to receive
Special Monthly Compensation, which makes it possible to increase the
amount of your disability benefits. These include having lost a hand or
leg, loss of an eye, complete deafness.
In addition to claiming veterans disability benefits, an attorney from
Clawson & Clawson, LLP may be able to help you claim
Social Security Disability benefits, and you may not have to wait as long as most people. The Social
Security Administration provides expedited processing for servicemembers
through the Wounded Warriors, so that you can begin receiving the maximum
available benefits with a minimum of delay. Contact us now to learn about
how we can help you with both types of claims.