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Veterans Administration Disability Benefits are awarded through two programs, service connected benefits (compensation) and non-service connected benefits (pension)

You may be eligible for disability compensation if you have a disability, whether an injury or disease, which occurred while on active duty, was a preexisting condition made worse by active military service, or manifested itself within one year of discharge from the service. You also must have been discharged from such service under circumstances other than dishonorable. This is not a need based program. You may own a house, a car or have other substantial assets and still be eligible for this program.

You may be eligible for non-service connected benefits if you served in the military during war time for at least 90 days, are totally disabled fromwork and have less that the required amount of personal assets. Your disability does not have to have been caused by your military service. You may also be eligible for additional compensation if you or your spouse have severe disabilities or loss of a limb. Your spouse, child or dependent parent may also be entitled to benefits in certain circumstances.

The application process for VA benefits is lengthy and time consuming. An attorney can assist you in this process. Attorneys do not charge by the hour, but rather their fee is based on a percentage of the retroactive fees awarded to you. If you are not successful, your attorney will not charge you.

Upon completion of the application process and submission of medical records and any other pertinent evidence, the VA will send you to a medical evaluation with one of their doctors. After a complete review of the medical evdience, they will then make a decision as to your level, if any, of disability. If you receive a decision that you are at least 10 percent disabled or more, you will start to receive VA benefits. You may also appeal the dtermination if you are not satisfied.

If your claim is successful, you are entitled to receive your retroactive benefits in one lump sum payment and then monthly checks thereafter. The amount of your checks is based on your individual disability rating as set by the federal government.

Federal law requires an attorney to charge no fee unless successful. Therefore, everyone can afford an attorney in a Va disability case. If you lose you do not pay your attorney. If you win, your attorney will be paid 20 percent of your retroactive check. These fees will be paid directly to your attorney by the government.

Filing and sucessfully prusuing a claim with the VA can be confusing and complex. Call Morgan & Murphy, LLP today for a free consultation concerning your VA disability claim.