Veterans Death Benefits Eligibility

Veteran Disability

Veterans who served their country proudly in the Armed Forces may be eligible for an overabundance of benefits and services offered by the U.S. Department of Veteran Affairs. Surviving spouses and dependents of deceased veterans may also be eligible for a variety of monthly benefits from the VA as well.

According to 38 CFR 14.629; No individual may assist claimants in the preparation, presentation, and prosecution of claims for VA benefits as an claims agent or attorney unless he or she has first been accredited by VA for such purpose Favorable Disability Advocates is fully accredited by the VA for claim agent representation services to assist veterans and their dependents in the filing of a disability claim, death benefits, burial monetary benefits, spousal benefits and other special affiliated benefits. We are a team of sympathetic professional who are excited about helping you obtain your benefits!

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    You served on active duty for 90 days or more during a period of warWas discharged for a service connected disability for wartime service less than 90 daysCurrently confined to a nursing home due to severe medical conditionsReceiving Social Security Disability due to a severe physical or mental impairment

    I consent and give Favorable Disability Advocates LLC; permission to contact me by telephone (landline or mobile), email, and text messages to the following telephone number listed above. I fully understand and acknowledge to the terms of this business most means of communication policies.

    Variations of Disability Benefits

    Veterans and their dependents should be aware of the multifaceted types disability benefits in accordance to the U.S. Department of Veterans Affairs. Figuring out which type of monetary benefit you are eligible for can be outright confusing and moreover frustrating. The VA disability benefit format is broken down into two separate programs called Compensation and Pension. A claim for compensation may be considered a claim for pension and a claim by a veteran for pension may be considered to be a claim for compensation. However, the greater benefit will be awarded unless the claimant specifically elects the lesser benefit.

    Compensation

    • Compensation: Is a monthly payment made by the VA to veterans because of service connected disability from injury/disease or to a surviving spouse, child, or parent of a veteran because of a service connected death
    • DIC- Dependency and Indemnity Compensation: Is a monthly payment made by the VA to surviving spouse, child, or parent because of a service connected death

    Pension

    • The current VA pension program is called Improved Pension effective 01/01/1979. This is a monthly payment to a veteran who has served honorable during a period of war and to his or her surviving spouse and dependent children.
    • Pension may also be payable to a veteran who is permanently and totally disabled because of a non-service connected disability.
    • Upon the non-service connected death of a veteran, his or her spouse and/or dependent children may be entitled to death pension benefits.

    1. Clarification of VA Compensation and Pension Rates

    Compensation claims are evaluated by the Department of Veteran Affairs by using a rating schedule as a primarily guide in the calculation of disability resulting from all types of diseases and injuries encountered as a result or incident to military service.   Percentage rates from 0% to 100% in 10% increments represents the average physical/mental impairment residual capacity and their remaining disorder affects in comparison to civilian occupations for veterans post military service.

    • For compensation disability ratings 30% and greater, the VA will increase monetary payments if the veteran has a spouse or dependents.
    • Total 100% disability rating will be awarded when the presents of a physical/mental impairment prevents a veteran from following a substantially gain occupation and conditions are expected to continue throughout their life existence.
    • Total 100% disability rating can also be awarded based on unemployability if one disabling condition is ratable 60% or more and two or more disabling conditions with at least one condition being rated at 40% 2016 Compensation Table.

    2. Pension disability

    Pension disability claims are initially evaluated by the computation of a veteran/spouse income and the amount of pension awarded are associated together. Applicants must meet certain eligibility criteria based on payments of any kind from any source shall be counted as income during a 12 month period. A veteran must be considered permanently and totally disabled to be eligible for disability payments. However, there are no disability requirements for a surviving spouse or child.

    • Veterans who are over age 65, or under age 65 who has been determined to be disabled by the Social Security Administration, or confined to a nursing home due to disabling condition that is expected to continue throughout their life will be considered permanently and totally disabled in accordance to the VA.

    3. Permanent

    Permanent and total 100% pension rating are based on age, degree of disability, and unemployability – in conformity with Schedule for Rating VA Pension Guidelines.

    4. What Can We Do If Your Initial Disability Claim Has Been Denied?

    Once a veteran initial VA disability claim has been denied, they have one year from the date of their letter denying benefits.  Favorable Disability Advocates accredited VA claims agent can efficiently review your claim, assist in gathering of evidence needed to support your appeal, and the filing of a Notice of Disagreement VA For 21-0958.  The filing of VA disability can become a very complicated process and if a Notice of Disagreement is not successfully submitted then the initial decision become final except for:

    1. Upon allegation of and obvious error of fact or law that the VA’s at wrong to deny the benefit
    2. Discovery of new medical evidence not in the prior file, that may lead the VA to altering their initial decision VA Appeal Process.

    Veterans Disability Top Medical Impairments:

    1. Traumatic Brain Injury (TBI) usually occurs in military veterans of the Iraq/Afghanistan War undergoes explosive blast from improvised explosive devices, deliberating effects from blunt head or a penetrating head injury that disrupts the function of the brain. Some of the symptoms associated with TBI’s are migraines, memory loss, and behavioral changes.
    2. Post-Traumatic Stress Disorder (PTSD) for service connection this usually requires a link established by supporting medical evidence between current symptoms and a in service stressor, including credible supporting evidence that this claim in service stressor occurred.
    3. Undiagnosed Illness compensation is available to a wartime veteran who served honorably in a Southwest Asia military operation and prior to 12/21/2021
    4. Presumptive Diseases that incurred or aggravate by a veterans service may be granted monetary benefits if it manifested to a compensable degree after discharge
    5. Musculoskeletal System Impairment including degenerative arthritis, rheumatoid arthritis, and any other service related or worsening pre-existing impairments
    6. Respiratory conditions such as COPD, asthma with history of attacks in service, sleep apnea, and asbestosis exposure