How To File A Non Service Connected Disability Claim

Any disabled veteran moving through the U.S. Department of Veterans Affairs claims process knows that they need to prove service connection in order to receive VA benefits.

But is that always the instance?

Monthly pensions are often amid these benefits, and in some special cases, veterans may exist eligible for non-service connected disability pensions. Hither's what veterans should know nearly this type of VA pension and the specific eligibility requirements.

Service-Connected vs. Non-Service Continued Benefits

Service-connected disabilities are divers as injuries or illnesses that are incurred in or aggravated by active military service. A disability tin also exist service connected through "secondary" service connection. You tin can larn more about secondary service connection hither.

Many veterans are aware that when filing for VA disability benefits, they are entitled to file for service-connected bounty. Nevertheless, many are unaware that there are inability benefits available for other disabling weather, even if they are not related to military service.

These benefits are known every bit non-service continued pension or only known as veteran's pension. Assuming that a veteran meets all of the requirements for a pension, he/she could authorize even if none of the disabling conditions are related to service.

non-service connected pension

A veteran may qualify for pension if he/she: (1) served during wartime, (2) has express 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 agile duty), the service must have been under other than dishonorable weather, and the disabling conditions must non be the upshot of willful misconduct.

I will discuss three of the basic requirements for alimony in this mail service.

Wartime Service

One might assume that this ways a veteran has to have actually served in a state of war in gild to be eligible. However, this assumption would be wrong. The wartime service requirement is fairly simple to meet as long the veteran's service was inside a qualifying period. Meaning, the veteran does not have to have really gone to war, the veteran just 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 beginning and ending dates of each qualifying wartime menses. For instance, the "Vietnam Era" encompasses the catamenia beginning on February 28, 1961, and ending on May seven, 1975 for veterans who served in the Republic of Vietnam and from August 5, 1964 through May seven, 1975 in all other cases.

non service connected pension

Limited or No Income

A wartime veteran must meet the household income requirement in lodge to be eligible for pension. The VA will consider the veteran'due south almanac income, as well every bit the family unit income of his dependents, including spouses and children. Countable income includes earnings or wages, retirement payments, interest and dividends, and some disability payments.

It is worth noting that even if a veteran has income that may announced 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 as if the veteran has qualifying unreimbursed medical expenses, sure educational expenses, if the veteran receives Supplemental Security Income (SSI benefits), etc. It is best for a veteran to list all sources of income when filing for pension, and the VA will decide whether or not the veteran is over the income and net worth limits.

Historic period 65 and Over

Veterans who are historic period 65 and over do not take to show they are permanently and totally disabled as long as they come across the other requirements such every bit qualifying length of service, wartime service, express income, etc.

If Under Historic period 65, Must be Permanently and Totally Disabled

The VA determines permanent and total disability by considering several factors, such as whether the disabilities are likely to better with appropriate treatment, pertinent medical opinions regarding the permanency of the weather condition, the length of any required hospital care, etc. For veterans under age 40, the VA looks at the issue of permanent and total disability with more than scrutiny. For a veteran under forty, 38 C.F.R. § 3.342 states that "permanence of total disability requires a finding that the end result of handling and adjustment to residuum handicaps (rehabilitation) will be permanent disability of the required caste precluding more than marginal employment."

non service connected pension

Veterans entitled to pension are paid based upon the Maximum Annual Pension Rate (MAPR). The pension rates can be found on the VA's website at http://www.vba.va.gov/bln/21/rates/pen01.htm. As an case, 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 1 dependent would be entitled to $16,051 per year. For each additional child, or if the veteran is housebound or requires assist and attendance, the amounts increase.

The lesson to accept abroad is that a veteran may be able to receive pension benefits based on the combination of his/her disabilities, including service and non-service connected conditions. It is of import for the veteran to always file for non-service connected pension if there is a possibility that he/she may authorize. Even if a veteran is initially awarded based on disabilities that are not service continued, he/she can always attempt to plant service connection at a later appointment. If a veteran is entitled to both service connected compensation and not-service connected pension, the VA will pay whichever of the two benefits results in the college amount, non both.