Veteran's Law

Veterans of Gulf War, Iraq War and Afghanistan War

It is agreed by most professionals that there is a high incidence of Post-Traumatic Stress Disorder (PTSD) related to service in the above wars. Unfortunately, the Department of Veterans Affairs is downplaying both the significance of these injuries and their relationship to service in the region. If you are a Gulf War, Iraq War or Afghanistan War veteran and suffer from PTSD, call me. I can help.

Vietnam Veterans

Most major medical studies have found a link between exposure of Agent Orange and certain types of heart disease. If you served in Vietnam and are now suffering from heart disease, call me. I can help.

Soldier, Veteran's Law
Who is eligible for Veteran's benefits? Generally, you may be eligible if you are:
• A veteran
• A veteran's dependent
• A surviving spouse, child or parent of a deceased veteran
• An active duty military service member
• A member of the Reserve or National Guard

Compensation

VA can pay you monthly compensation if you are at least 10% disabled as a result of your military service.
The Process: Application — In order to receive benefits, you must first file a Application for Benefits with the Department of Veteran Affairs. This application can be found online at http://vabenefits.vba.va.gov/vonapp/main.asp. It is a lengthy application, but do not get intimidated. This information is necessary to confirm your service and your eligibility for benefits. Many eligible claimants get rejected or receive reduced benefits at this stage.

Veteran's Benefits Eligibility Appeal

Once you have either been rejected or believe that the disability level was inappropriate, you must file a Notice of Disagreement. It is at this stage that it is important to have an attorney. The Department of Veteran Affairs (DVA) will send what's called a Statement of the Case. This contains the findings of the DVA and the reasons for their actions. At this stage, using the information provided by them, and with information from you, we will help you gather addition information you will need to prove your case. At this point we can either request a hearing before the case is sent to the Board of Veteran Appeals or at the Board of Veteran Appeals, or both.

Who is eligible for Veteran's pensions? Generally, you may be eligible if:

You were discharged from service under conditions other than dishonorable,
AND
You served at least 90 days of active military service 1 day of which was during a war time period. If you entered active duty after September 7, 1980, generally you must have served at least 24 months or the full period for which called or ordered to active duty (There are exceptions to this rule),
AND
your countable family income is below a yearly limit set by law (The yearly limit on income is set by Congress),
AND
you are age 65 or older, OR, you are permanently and totally disabled, not due to your own willful misconduct.
Veterans who are more seriously disabled may qualify for Aid and Attendance or Housebound benefits. These are benefits that are paid in addition to the basic pension rate.

Time Limits

There is no time limit to apply for Compensation and Pension benefits.

Conclusion

Sometimes dealing with a large bureaucracy can be very discouraging. Don't give up. We can help. Call us. The System Can Be Confusing and Discouraging, But Don't Give Up.
If you have any questions, contact Paul A. Epstein today.