Can You Be A Disabled Veteran Without Service Connection
Any disabled veteran moving through the U.S. Department of Veterans Affairs claims process knows that they need to evidence service connection in order to receive VA benefits.
But is that always the case?
Monthly pensions are often among these benefits, and in some special cases, veterans may exist eligible for non-service connected disability pensions. Hither's what veterans should know virtually this type of VA pension and the specific eligibility requirements.
Service-Connected vs. Non-Service Connected Benefits
Service-continued disabilities are defined as injuries or illnesses that are incurred in or aggravated by active military service. A disability can also be service connected through "secondary" service connectedness. Yous can learn more about secondary service connection here.
Many veterans are aware that when filing for VA disability benefits, they are entitled to file for service-connected bounty. Withal, many are unaware that there are disability benefits available for other disabling weather, even if they are non related to military service.
These benefits are known every bit non-service connected pension or but known as veteran'due south pension. Assuming that a veteran meets all of the requirements for a pension, he/she could authorize even if none of the disabling weather condition are related to service.
A veteran may qualify for alimony if he/she: (1) served during wartime, (two) has limited or no income, and (3) is age 65 and over, or if under 65, is permanently and totally disabled. In addition to these requirements, there is a length of service requirement (depending on the date the veteran entered active duty), the service must have been under other than dishonorable weather condition, and the disabling conditions must not exist the result of willful misconduct.
I will discuss iii of the basic requirements for alimony in this post.
Wartime Service
One might assume that this means a veteran has to have actually served in a war in society to exist eligible. However, this assumption would be wrong. The wartime service requirement is fairly simple to run into equally long the veteran'southward service was within a qualifying period. Meaning, the veteran does not have to have actually gone to war, the veteran simply has to show that his/her service was during a period of war. In 38 C.F.R.§3.2, the VA gives the specific showtime and ending dates of each qualifying wartime menstruation. For instance, the "Vietnam Era" encompasses the menstruum get-go on Feb 28, 1961, and ending on May 7, 1975 for veterans who served in the Republic of Vietnam and from August 5, 1964 through May 7, 1975 in all other cases.
Limited or No Income
A wartime veteran must meet the household income requirement in lodge to exist eligible for pension. The VA will consider the veteran's annual income, as well as the family income of his dependents, including spouses and children. Countable income includes earnings or wages, retirement payments, interest and dividends, and some disability payments.
Information technology is worth noting that even if a veteran has income that may appear to be over the limit, it is possible that the VA may be able to exclude some income from the calculation in certain circumstances, such every bit if the veteran has qualifying unreimbursed medical expenses, certain educational expenses, if the veteran receives Supplemental Security Income (SSI benefits), etc. Information technology is best for a veteran to list all sources of income when filing for alimony, and the VA volition decide whether or not the veteran is over the income and net worth limits.
Historic period 65 and Over
Veterans who are age 65 and over do non take to bear witness they are permanently and totally disabled as long as they meet the other requirements such as qualifying length of service, wartime service, limited income, etc.
If Under Age 65, Must be Permanently and Totally Disabled
The VA determines permanent and total disability by because several factors, such equally whether the disabilities are likely to improve with appropriate treatment, pertinent medical opinions regarding the permanency of the conditions, the length of any required hospital intendance, etc. For veterans nether historic period 40, the VA looks at the issue of permanent and full disability with more scrutiny. For a veteran under 40, 38 C.F.R. § 3.342 states that "permanence of total disability requires a finding that the end result of handling and adjustment to residual handicaps (rehabilitation) will exist permanent disability of the required degree precluding more than marginal employment."
Veterans entitled to pension are paid based upon the Maximum Annual Pension Charge per unit (MAPR). The pension rates tin can be found on the VA's website at http://www.vba.va.gov/bln/21/rates/pen01.htm. As an instance, as of December one, 2011, a veteran without a spouse or child is entitled to a maximum pension rate of $12,256 per year, and a veteran with one dependent would be entitled to $16,051 per year. For each additional kid, or if the veteran is housebound or requires help and omnipresence, the amounts increase.
The lesson to accept away is that a veteran may be able to receive pension benefits based on the combination of his/her disabilities, including service and non-service continued conditions. Information technology is of import for the veteran to always file for non-service connected pension if at that place is a possibility that he/she may qualify. Even if a veteran is initially awarded based on disabilities that are not service connected, he/she tin always attempt to institute service connexion at a subsequently date. If a veteran is entitled to both service connected compensation and not-service connected pension, the VA volition pay whichever of the ii benefits results in the higher corporeality, not both.
Can You Be A Disabled Veteran Without Service Connection,
Source: https://www.hillandponton.com/non-service-connected-pension/
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