How to Qualify for VA Compensation While Receiving SSI. Veterans can receive both VA compensation and SSI. Both VA compensation and SSI require that you have disabling conditions. However, the requirements to qualify differ.
How to Qualify for VA Compensation While Receiving SSI: VA compensation
VA disability compensation offers monthly payments to Veterans who got sick or injured while serving. You must show that your disabling condition was “incurred or aggravated by your military service.” The VA does not require total disability. The VA awards benefits based in proportion to your percentage of disability. Compensation rates range from 10%-100%, in 10% increments.
VA pension
The VA also offers benefits for veterans who have non-service disabilities. VA pension benefits require that you were not dishonorably discharged and you meet certain financial limits. You must also meet certain service requirements. Additionally, you show one of the following:
You are at least 65 years old
Have a permanent and total disability
Are a patient in a nursing home for long-term care because of a disability or
Are receiving Social Security disability insurance or SSI. The OT and ICS cyber security is what is needed to protect data.
How to Qualify for VA Compensation While Receiving SSI: SSI benefits
Unlike VA compensation, SSI does not offer partial disability. You must prove that your medical conditions keep you from working in any job. You must also show that you can’t work for at least 12 months. SSI also has specific financial requirements. Specifically, these requirements include:
You must have less than $2,000 in assets (or $3,000 for a couple)
Have a very limited income
Are a US citizen (there are very few exceptions to this)
VA compensation and SSI benefits
Since SSI is a needs-based program, other income affects the amount you receive from SSI. Therefore, VA compensation will reduce your SSI payments. Social Security considers VA compensation as “unearned income.” Social Security deducts unearned income on a dollar for dollar basis with a $20 exclusion. The SSI federal payment amount for 2021 is $794 per month.
How to apply for VA compensation
You can apply for veterans benefits online. You may also apply by using VA Form 21-526, Veterans Application for Compensation and/or Pension. Once you apply, the VA uses military doctors and other health personnel to evaluate your disability claim. The VA may ask you to attend a C&P exam to help rate your claim. The VA assigns a disability rate to each of your conditions. These rates determine your Total Combined VA disability rating. The VA then uses this rate to figure out the amount of your benefits. We Can Help You Qualify for VA Compensation While Receiving SSI.
How to apply for SSI
You must contact your local Social Security office to file. Unlike the VA, Social Security doesn’t rate your conditions separately. Social Security looks at how the combination of your conditions impacts your functioning. First, they consider if any of your conditions meet certain conditions under their listing of impairments, known as the “Blue Book”. Most conditions will not meet these strict requirements. Next, Social Security considers your residual functional capacity or RFC. Your RFC includes both physical and mental limitations. If Social Security determines that your conditions keep you from working, they will approve your disability claim. Like the VA, Social Security may ask you to attend a medical exam to help evaluate your claim.
Disabled veterans and your age
Social Security has special disability rules the older you are. They look at a chart known as the Medical-Vocational guidelines to evaluate your claim called the “grid rules.” The grid rules make it easier for older people to win their case. Social Security considers your age, education and work background. The older you are, the easier it can be to win your case.
Can a veteran work and receive both VA and SSI?
If you are working, you may not qualify for SSI. Social Security considers work earnings over a certain amount “substantial gainful activity” or SGA. If you earn over the SGA limit, you will not qualify for Social Security disability. For 2021, SGA is earnings $1,310 per month or more (before taxes). However, if you earn more than $794 per month, you will not qualify to receive SSI payments. Unlike Social Security, veterans can work while receiving VA disability benefits unless you receive Total Disability Based on Individual Unemployability (TDIU). We can help you Qualify for VA Compensation While Receiving SSI.
VA and SSI medical benefits
Veterans receiving VA disability automatically receive TRICARE benefits. TRICARE covers health costs found “medically necessary” for your condition. SSI recipients receive Medicaid benefits. If you receive both TRICARE and Medicaid, TRICARE becomes your primary insurance.
Getting help with your VA compensation and SSI claims
Get help with your case now. Firstly, your advocate helps you with your application and can make sure you provide all necessary information. Secondly, your advocate walks you through the process and can answer all of your questions. Thirdly, your advocate knows what it takes to get your case approved.
Call Now for a Free Case Review, 800-700-0652
Make sure you start your SSDI and VA disability claim the right way and apply for all the benefits you deserve. Contact us now for a free consultation.
VA Benefits Appeal. To win a VA disability claim, a veteran must prove all elements. Generally, VA will approve a VA benefits claim when a veteran proves the following:
In-service event, disease or injury,
Current disability, and
Medical nexus between the in-service event and the current disability.
After you submit your claim, VA is obligated to issue a decision. Based on the evidence, VA may decide to approve your claim completely. Alternatively, VA may either deny the claim outright, or grant your benefits at a low disability rating. Regardless, veterans have the right to appeal any VA benefits decision to a higher authority.
What is the point of an appeal?
VA decision-makers are not perfect. They often make mistakes. For a disabled veteran who is barely making ends meet, VA’s mistakes can be costly. This is why Congress created the appeals system. It gives veterans a fighting chance to correct VA’s mistakes without losing years of benefits.
VA benefits appeals are great because they preserve the earliest effective dates. Take the example of J. Stone, who filed a claim for PTSD in 2011. VA denied his claim in 2013 because they could not confirm the traumatic in-service event. His friends told him to just file another claim. Instead, he consulted the experts at Disability Help Group (DHG).
A DHG representative helped him file an appeal along with evidence of the in-service event. In 2015, VA decided the appeal in Mr. Stone’s favor. As a result, he received a 70% rating effective 2011, the date he filed his claim. He received
Appeals in the Legacy System
The Legacy system refers to the VA appeals structure for decisions issued prior to February 19, 2019. When VA first denies a claim in Legacy, the veteran may appeal with a Notice of Disagreement (NOD). The deadline to file a legacy NOD is 1 year from the date of the decision.
When you file a timely NOD, you are asking a senior VA officer to overrule the previous decision. If the VA agrees with you, then it will issue a new decision awarding benefits. If not, VA will issue a Statement of the Case (SOC) to explain why the previous decision should stand.
Fortunately, an SOC is not the end of the road. Using a VA Form 9, you can appeal an SOC to the Board of Veterans’ Appeals (the Board). Unlike the lower decision, you have only 60 days to appeal an SOC. A VA Form 9 is a request for a Veterans Law Judge to take a fresh look at your case. If the judge finds in your favor, he/she will award benefits effective the date you first filed. If the judge finds against you, then you can appeal to the U.S. Court of Appeals for Veterans’ Claims.
The Appeals Modernization Act changed everything
Any decisions issued on or after February 19, 2019 fall within the Appeals Modernization Act (AMA). If VA denies your claim, or approves it with a very low rating, you can appeal it by filing one of these forms:
VA Form 20-0995 Supplemental Claim, 20-0996 Request for Higher Level Review, or 10182 Notice of Disagreement to the Board of Veterans’ Appeals
Each lane has its pros and cons. Visit this link for more details [Link to the AMA article].
What’s the downside of an appeal?
First, a VA benefits appeal can take a very long time. Take a look at the search results when you Google “VA appeals backlog.” Prior to the AMA, VA took an average of 2.5 years to process appeals.
Second, you may have to appeal several times to get the job done. If your first appeal is not successful, then you should appeal to a higher tribunal (like the Board of Veterans’ Appeals). When you believe in your claim, you should never give up. Don’t let VA win.
Hire an expert to give yourself the best chance to win
Every VA benefits appeal is different. The best indicator of success is having an experienced representative. This is a very complex system. Most veterans are not equipped to force VA to change a decision. Some cases already have the evidence needed to win, but are lacking a good legal argument. Other cases lack both evidence and argument. An experienced representative can plug the holes in your case.
At DHG, our experts review each case with a fine-toothed comb. This is how we figure out the best path forward. We don’t just file a VA benefits appeal and then wait around for VA to act. Instead, we actively develop winning evidence and arguments to deliver for our clients.
Do you need help with your VA benefits appeal? Contact the experts at DHG for a free consultation.
Disability Help Group, Call Now for a Free Case Review, 800-700-0652
Make sure you start your claim the right way and apply for all the benefits you deserve. Contact us now for a free consultation.
Because memory deficits are common VA TBI residuals, a veteran should always have an advocate. Disability Help Group specializes in TBI cases and is here to answer your questions now.
You should hire a VA disability lawyer, especially from https://www.lipconlawfirm.com/truck-accidents/. With a budget over $217 billion, the U.S. Department of Veterans Affairs (VA) is one of the largest federal agencies. VA’s disability benefit program was intended to be veteran-friendly. However, for most veterans, applying for VA benefits is a long and frustrating process. A veteran who represents himself is at a huge disadvantage. There are hundreds of rules and regulations about the veteran’s rights and VA’s duties. The process becomes even tougher when VA sends mixed messages, requests information it already has, or issues a decision that completely ignores the evidence.
Do You Have the Expertise?
Most veterans have not studied VA disability law. Even fewer veterans follow the Federal court cases that change the law every year. But without that knowledge, many VA claims are doomed to fail. A VA Disability Attorney’s knowledge and experience can make all the difference. Specifically, an attorney, especially the professionals from https://www.denvercocriminaldefenselawyer.com/, can determine exactly how to turn a loss into a win.
Who Needs a VA Disability Lawyer?
Beeman Heifner Benge – Personal Injury Lawyers says that in this fight, a veteran needs someone who is aiming for the same target. That’s why many of our clients left previous arrangements. Before hiring DHG, many of our veteran clients did not have a VA disability attorney. Some represented themselves. They learned very quickly that VA didn’t share the same urgency and had a different result in mind. Others were represented by a Veteran Service Organization (VSO) such as DAV or American Legion. Because they work out of VA facilities, there is a perceived conflict of interest. Does a VSO work for VA or the veteran?
What is a VA Disability Lawyer’s Role?
Your VA disability claim is too important to risk. When you hire a VA Disability Attorney, you’re hiring your own specialist to get the job done. Most of them work for a contingency fee. They don’t get paid unless they win past-due benefits for the veteran. And because the contingency fee is usually a fixed 20%, the attorney has every incentive to win the largest possible award. Plus, the attorney-client relationship ensures he/she is on your side. Both you and the attorney would be aiming at the same target.
An experienced VA Disability Attorney knows VA’s written and unwritten rules has the knowledge to prepare a game plan to best achieve your objective. Working together with your attorney, you have a better chance to hit your target.
When Should I Hire a VA Disability Lawyer?
Immediately! The earlier you can prove your case the faster you can receive your VA disability benefits. In addition, the VA Disability Lawyer will be able to analyze your disability onset date and make sure you receive the maximum back benefits, according to an experience elder abuse law firm Chicago. Generally, a veteran must prove the following to win a VA disability claim:
Current diagnosis,
In-service event, disease or injury, and
Medical nexus between the first 2 elements.
If you don’t have a medical diagnosis, then you need to see your doctor. Only licensed medical professionals can diagnose medical conditions. Attorneys cannot do so. However, if VA denies your claim for any of these reasons, you should probably hire a VA Disability Lawyer:
Negative medical nexus (“less likely than not”),
No documented proof of in-service event, disease or injury, , or
VA ignored evidence proving all 3 elements.
Which VA Disability Lawyer Should I Hire?
VA Accreditation
Only attorneys who have been accredited by VA can represent veterans in disability cases, as a result, VA holds Disability Lawyers to a high ethical standard. Accreditation reflects VA’s standard for responsible, qualified representation of this nation’s veterans. A searchable database of VA accredited attorneys, claims agents and VSOs is available here.
Experience
Experience makes a world of difference. Since 1993, the National Organization of Veterans’ Advocates (NOVA) has been the leading organization for training and support of VA Accredited representatives. At Disability Help Group, our representatives are long-standing NOVA members. You know what you are looking for, the https://www.sweetesq.com/car-accidents/ has all details you need and you can choose your lawyer easily.
Speak to The Lawyer
There are many firms out there that you never get to speak with the attorney. At Disability Help Group our representative will talk to you and be your main contact during your entire case. When you hire an attorney you should ask:
When will I get to speak with my lawyer?
Who will be my main point of contact?
How many cases has my lawyer won?
Disability Help Group, Call Now for a Free Case Review, 800-700-0652
Has VA ever denied your case? You may be entitled to significant compensation. Contact us now for a free consultation.
Starting, January 1, 2020, veterans can get TDIU for Blue Water Agent Orange Exposure.
Blue Water update
During the Vietnam War, the U.S. military used herbicides such as Agent Orange to clear trees and plants. Unfortunately, herbicide exposure has caused a myriad of health problems to Vietnam veterans. By passing the Agent Orange Act of 1991, the government conceded a relationship between herbicide exposure and 14 medical conditions. However, VA interpreted the law to exclude Blue Water veterans of the Vietnam War. Veterans advocates have sought an update ever since.
For over 20 years after the Agent Orange Act, VA split disabled Vietnam veterans into 2 distinct groups:
Those who either set foot in Vietnam or served
on boats patrolling inland waterways (also known as “Brown Water”), and
Those who served on ships off the coast of
Vietnam (also known as “Blue Water” veterans).
Blue Water Navy Vietnam Veterans Act of 2019, Agent Orange Exposure
This all changed on January 1, 2020, when the Blue Water Navy Vietnam Veterans Act of 2019 took effect. For the first time, Blue Water veterans are entitled to the same presumptions as those who served inland. In addition, Blue Water veterans who could not support themselves due to Agent Orange exposure now have a path to TDIU.
What is TDIU, Exactly?
TDIU is a special benefit for veterans who cannot support themselves due to service-connected disabilities. To qualify, a veteran must meet certain requirements. First, a veteran must prove that he cannot earn a living because of service-connected disabilities. Second, those disabilities must meet the percentage requirements. If the veteran has only one service-connected disability, it must be rated 60% or higher. If the veteran has more than one service-connected disability, then at least one must be rated 40% or higher. Also, there must be “sufficient additional disability to bring the combined rating” to 70% or higher. 38 C.F.R. § 4.16(a). These rules apply regardless of whether the disabilities are due to Blue Water Agent Orange Exposure.
TDIU – Total disability and individual unemployability
Also known as Unemployability, TDIU pays the same monthly amount as a 100% disability rating. Under 2019 rates, VA will pay TDIU recipients a minimum of $3,057.13 per month tax free. Before you can get TDIU for Blue Water Agent Orange exposure, you have to have a qualifying disability at a high enough rating.
Agent Orange is not a disability in of itself
Agent Orange exposure is not a disability in of itself; it causes disabilities. If you don’t have a diagnosed disability yet, then any VA claim would be premature. If you suspect you have a disability, then ask your doctor to confirm.
Chronic B-cell leukemia,
Hodgkin’s lymphoma,
Multiple myeloma,
Non-Hodgkin’s lymphoma,
Prostate cancer,
Respiratory cancers, including lung cancer,
Soft tissue sarcomas,
Amyloid light-chain (AL amyloidosis),
Chloracne,
Diabetes mellitus type 2,
Ischemic heart disease,
Parkinson’s disease,
Peripheral neuropathy, and
Porphyria cutanea tarda.
By law, VA can only assign up to a 30% rating for chloracne and Parkinson’s disease. For the 12 other conditions, VA may assign ratings of 60% or higher if the symptoms are severe enough.
A few examples of how VA would decide TDIU claims based on Blue Water Agent Orange exposure:
Case Study 1: VA 100% blue water agent orange exposure
A Blue Water Vietnam veteran served on the USS Intrepid CVS-11 during the applicable time period. About 25 years after service, his doctor diagnosed him with congestive heart failure. As a result of the congestive heart failure, the veteran was forced to stop working. The veteran filed a claim for TDIU and congestive heart failure secondary to Agent Orange Exposure. Because congestive heart failure fits the definition of ischemic heart disease, VA would likely grant a 100% rating. VA would then declare TDIU moot because it pays the same as a 100% rating.
Case Study 2: TDIU blue water agent orange exposure
A Vietnam-era Navy veteran served on the USS Bronstein DE-1037 during the period. About 15 years after service, he developed chronic b-cell leukemia. As a result, he stopped working and hired a full-time home healthcare aide. He filed a claim for TDIU and b-cell leukemia secondary to Blue Water Agent Orange exposure. Here, VA would either grant the leukemia at 100% or grant TDIU.
Case Study 3: TDIU blue water agent orange exposure
A Vietnam-era Navy vet served on the USS Ajax AR-6. Due to peripheral neuropathy in both legs (rated 20% each) and residuals of prostate cancer (rated at 60%), he was forced to retire at 46 years old. His combined rating is 70% overall. The day after his retirement, he files a claim for TDIU. Because he meets all the criteria, VA would likely grant TDIU effective the last day he worked.
What If VA Denied My Claim?
Keep fighting! After fighting for over 20 years, Blue Water Navy Vietnam veterans are finally eligible for the same presumptions as those who served inland. VA’s previous denial does not necessarily mean that you don’t deserve benefits. VA may have misunderstood the law or overlooked evidence. Alternatively, you might need just one more piece of evidence to complete the puzzle. VA’s complex rules can make any veteran’s head spin. But the experts at Disability Help Group can guide you through the process.
Disability Help Group, Call Now for a Free Case Review, 800-700-0652
Has VA ever denied your Agent Orange exposure claim because you are a Blue Water Navy veteran? You may be entitled to significant compensation. Contact us now for a free consultation.
Can I get VA 100% for Blue Water Exposure? Yes. Thanks to the Blue Water Navy Vietnam Veterans Act of 2019 and the Agent Orange Act of 1991, certain diseases are presumed to be related to in-service exposure to herbicides (including Agent Orange).
Generally, a veteran must prove 3 elements for service connection
Before VA will assign a rating for a disability, a veteran must first prove the disability is related to service. In general, VA will grant disability compensation if the following elements are met:
current diagnosis,
in-service event, disease or injury, and
medical nexus between the first 2 elements.
Special rule, Agent Orange Act of 1991
Instead of proving the 3 elements listed above, a veteran only needs to prove:
Inland service in Vietnam between January 9, 1962 and May 7, 1975, and
A diagnosis of one or more of the 14 presumptive conditions.
Limitation of Agent Orange Act of 1991
For over 2 decades, this presumption extended only to veterans who either set foot in Vietnam or served on boats patrolling inland waterways (also known as “Brown Water”). This excluded thousands of veterans who otherwise would have received VA 100% due to blue water exposure while serving on Navy ships offshore during the same period.
Major win for veterans, Blue Water Navy Vietnam Veterans Act of 2019
Everything changed on January 1, 2020, when the Blue Water Navy Vietnam Veterans Act of 2019 took effect. As a result, VA extended Agent Orange presumptions to veterans who served in the offshore waters of Vietnam, permitting veterans to get VA 100% for Blue Water Exposure.
What does the Blue Water Navy Vietnam Veterans Act Mean?
The Blue Water Navy Vietnam Veterans Act requires VA to treat your Vietnam Agent Orange claims as if you served “boots-on-the-ground”. If you have any of the 14 presumptive disabilities, and you served on a blue water ship that operated within 12 nautical miles of Vietnam, then you may be entitled to VA 100%.
Presumed Disabilities Caused By Blue Water Exposure
VA presumes that the following conditions are related to blue water exposure to herbicides such as Agent Orange:
Chronic B-Cell Leukemia,
Hodgkin’s Lymphoma,
Multiple Myeloma,
Non-Hodgkin’s Lymphoma,
Prostate Cancer,
Respiratory Cancers, including Lung Cancer,
Soft Tissue Sarcomas,
Amyloid Light-Chain (AL Amyloidosis),
Chloracne,
Diabetes Mellitus Type 2,
Ischemic Heart Disease,
Parkinson’s Disease,
Peripheral Neuropathy, and
Porphyria Cutanea Tarda.
Which Presumptive Disabilities Can Be Rated VA 100% Due to Blue Water Exposure?
Below is the list of presumptive disabilities that can be rated VA 100% for Blue Water Exposure. Firstly, the criteria tells VA which ratings it may assign depending on how severe the symptoms are. Secondly, the Schedule tells VA the maximum ratings for each disability. Thirdly, VA may only assign a 100% rating for 10 of the 14 presumptive disabilities.
Chronic B-cell Leukemia
VA will assign a 100% rating while the leukemia is active or during a treatment phase. This rating continues for six months after the last treatment. When the six-month period expires, VA will rate it as either anemia or aplastic anemia, whichever would result in the greater benefit. Under DC 7700 for anemia, VA will grant a 100% rating for the following symptoms:
Hemoglobin level at 5gm/100ml or less, with findings such as high output congestive failure or dyspnea at rest.
Under DC 7716 for aplastic anemia, a 100% rating is warranted if it:
Requires bone marrow transplant,
Requires transfusion of platelets or red cells at least once every six weeks, or
Infections recurring at least once every six weeks.
VA rates these Blue Water presumptive cancers identically. In short, VA will grant a 100% rating for any one of these cancers while it is active or during a treatment phase. This rating continues for six months after the last treatment. Thereafter, VA will schedule an examination to assess the appropriate rating.If the disease does not become active again, VA will rate it based on the residuals.
Amyloid Light-Chain (AL Amyloidosis)
AL Amyloidosis is a rare disease that occurs when an abnormal protein builds up in organs such as the heart, kidneys, liver and spleen. There is no cure to AL Amyloidosis, which subsequently can lead to life-threatening organ failure. VA will assign a 100% rating for this disability regardless of the current symptoms.
Diabetes Mellitus Type 2
Depending on the symptoms, VA may assign either 10%, 20%, 40%, 60%, or 100% for diabetes mellitus type 2. As a result, VA will grant a 100% rating for Blue Water Navy veterans if they require:
More than one daily injection of insulin,
A restricted diet,
Regulation of activities (avoidance of strenuous
activities),
Either 3 hospitalizations per year OR weekly
visits to diabetic care provider due to episodes of ketoacidosis or
hypoglycemic reactions, and
Treatment for progressive complications such as
loss of weight or strength.
Ischemic Heart Disease
VA will assign a 100% rating if any of these requirements are met:
Chronic congestive heart failure;
workload of 3 METs or less results in dyspnea, fatigue, angina, dizziness, or syncope; or
left ventricular dysfunction with an ejection fraction of less than 30%.
Examples of disabilities not eligible for 100% Rating
There are four diseases you cannot get a VA 100% rating for Blue Water Exposure. For example, the maximum rating for chloracne is 30%. Another example is peripheral neuropathy, which maxes out at 80%. VA may grant no more than 60% for porphyria cutanea tarda. And then there is the rating criteria for Parkinson’s disease. It starts with a minimum of 30%, but VA may grant additional ratings if there are severe residuals such as difficulty swallowing, speech problems, and bladder control problems.
