Does The Type And Character Of My Discharge From The Military Matter
Yes. To be eligible for most veterans benefits and programs you must have been discharged or released from military service under conditions other than dishonorable. You will always be eligible for veterans benefits and programs when the character of your military service is Honorable.
You may still be eligible for service-connected disability compensation if the character of your military service is listed as a Discharge Under Honorable Conditions or a General Discharge.
If your character of military service is listed as Discharge Under Other Than Honorable Conditions, Undesirable Discharge, Bad Conduct Discharge or Dishonorable Discharge, in most cases you will be barred from receiving benefits.
Age 65 Or Permanent And Total Disability
If the veteran is age 65 or older, and meets the other requirements, he or she doesnt have to prove they have a permanent and total disability. But those under age 65 will need to meet this criteria. The VA will consider whether the injury or illness is so severe that the veteran is unable to work. That means determining whether the disability or other condition is likely to improve with treatment. Another thing the VA will look at is the permanency of the veterans condition, especially if he or she is younger.
Keep in mind the veterans disability, injury, or illness does not need to be related to military service to qualify for these non-service connected pension benefits. Any disabling condition the veteran has will be considered when evaluating eligibility, not just those incurred from active duty or resulting from service.
What Happens When 24 Months Of Ltd Expires
If youre confined to an inpatient treatment facility when your 24 months expire, most insurance companies will continue to pay benefits until youre no longer confined, subject to a cap. If youve been approved for LTD benefits, your policy likely requires you to apply for Social Security disability insurance benefits.
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Tips About Va Compensation And Social Security
- SSDI and SSI are not intended to provide a full living wage the Social Security official site itself advises that in 2019 alone, Social Security paid an average monthly disability benefit amount barely enough to keep a beneficiary above the 2018 poverty level and any additional assistance you can apply for is crucial.
- If you have the ability to apply for VA benefits first, it can help to do so if you already have a 100% disability rating from the VA. Some vets cannot do this, but those who can should take advantage of the option to have their SSDI or SSI benefit application expedited as described above.
- VA compensation and military retirement pay combined may render some applicants ineligible for SSI, but SSDI compensation may still be possible.
- Your financial need will determine which Social Security program you qualify for when claiming disability benefits.
- VA rules for disability pay require the veteran to establish or provide proof that establishes that the medical issue occurred on active duty or was aggravated by it.
- SSDI and SSI are federal programs, but not limited to the military.
- VA disability compensation is limited to the service member, but some VA benefits are payable for spouses, caregivers, and other family members. Be sure to ask about these.
Do Disability Benefits End At Age 65
Disability benefits are a program funded by the Social Security Administration that provides financial assistance to those who are unable to work due to a disability. When you reach a certain age, called full retirement age, certain aspects of your benefits may change, but the amount itself will not.
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Disability Benefits For Veterans
You may be eligible for disability benefits if you’re on disability from your service in the Canadian Armed Forces or Merchant Navy.
You may get social assistance payments from:
- your province or territory
- your First Nation
These payments will depend on your household income, savings and investments.
You may also be eligible for health-related benefits from your province or territory. These benefits may include benefits that help cover the cost of:
- medical aids or devices
Does Va Disability Compensation End At 65
Sep 28, 2009#112009-09-28T17:48
Sep 28, 2009#122009-09-28T18:34
texasglory wrote: I think the supplemental Income came about with the Social Security Retirement question. Social Security was not designed to provide all of ones income in retirement, it was designed as as a supplement. To many people go around not saving a penny in savings, have no pension, and rely solely SSA for their retirement income. You really can’t compare VA and SSA programs pay for many reasons. With Social Security I think the average payment is about $1000.00 a month. A 100% disabled Veteran $2673 and up each month. And stillhere made an excellent point. You have to factor in the health care, dental, and even the tax savings in regard to Veterans disability benefits to get your true monthly benefit. Just as when you are on active duty basic pay alone does not accurately reflect the true monthly benefit received, you have to consider BAH/BAQ whatever they call it nowadays, clothing allowance, separate rations, tax savings for all allowances, etc. Tex
Sep 29, 2009#172009-09-30T02:50
Aim4fun wrote: Then you have people like me. I earned 6 figures for many years. I then had a major health problem with no insurance. I ran up a medical bill of over $500,000. There went almost all of my retirement. Bye Bye money. Now I have my VA disability money and I am fighting with SSA for disability there.
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What Is The Va 5 Year Rule
The VA 5 year rule allows the VA to reevaluate your existing VA disability rating within 5 years of your initial examination, if and only if, your disability condition is expected to show material improvement over time.
However, the VA may still reevaluate your disability rating past the 5 year deadline if your condition has significantly improved, as shown by medical evidence.
Va Disability Award Amounts
The VA awards disability percentages in groups of ten, so from 0% to 10%, 20%, 30%, etc. on a graduating scale, as the VA official site terms it. Veterans can never be awarded more than 100% disability. In cases where there are multiple disabilities the percentages are added together but can never be cumulatively more than 100% total regardless.
The VA claims process takes time some veterans may find it faster to get signed up for Social Security disability benefits, but its not necessary to decide which to apply for first as a general rule. There are always exceptions to that, but since these two programs are completely separate, applicants are subject to the waiting times required due to demand and other factors.
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Some Background On Va Benefits Compared To Social Security Disability
VA compensation for medical conditions, injuries, and other issues is conditional. The VA must determine that your medical issues are service-connected or service-aggravated and award a disability rating on that basis.
VA disability pay requires the veteran to submit medical documentation, evidence , civilian care records, etc. A VA medical claim is reviewed by the VA. Compensation is awarded on a scale of percentages and culminates in a maximum award of 100% disability.
Quick Breakdown Of VA Disability Benefits
- Veterans go through a VA-directed medical review
- Veterans are rated on a percentage scale for disabilities and conditions that affect the ability to live and work
- Compensation is subject to review
- No income caps or asset caps to receive the benefit
If Under Age 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 improve with appropriate treatment, pertinent medical opinions regarding the permanency of the conditions, 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 scrutiny. For a veteran under 40, 38 C.F.R. § 3.342 states that permanence of total disability requires a finding that the end result of treatment and adjustment to residual handicaps will be permanent disability of the required degree precluding more than marginal employment.
Veterans entitled to pension are paid based upon the Maximum Annual Pension Rate . The pension rates can be found on the VAs website at . As an example, as of December 1, 2011, a veteran without a spouse or child is entitled to a maximum pension rate of $12,256 per year, and a veteran with one dependent would be entitled to $16,051 per year. For each additional child, or if the veteran is housebound or requires aid and attendance, the amounts increase.
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Ssi Payments Are Affected By Your Va Disability Pay
SSI is considered a need-based benefit and applicants may be subject to monthly income caps to qualify. Applicants who exceed the monthly income caps will not qualifyINCLUDING monthly income that is exceeded due to disability payments to you by the VA.
At the time of this writing, Social Security Income features a $20 general exclusion which means the first $20 dollars of your VA compensation is excluded from the dollar-for-dollar reduction in SSI based on your VA benefit amount each month. VA benefits are classified by the Social Security Administration as unearned income that does not come from a paying job.
Under this rule, if your VA disability pay is $250, minus the $20 general exclusion, your SSI benefits would be reduced by $230.
Were There To Provide Comfort During Difficult Times
The loss of a loved one can be both emotionally and financially difficult. Some widows, widowers, and children may receive to help them cope with the financial loss. The number of credits needed to provide benefits for survivors depends on the workers age when he or she dies.
Unmarried children who are under age 18 can be eligible to receive Social Security benefits when a parent dies.
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How Does Ssa Determine Whether A Military Member Is Disabled Or Not
There is a step-by-step process the Social Security Administration uses to determine the veteran or currently serving military members eligibility for benefits, which includes the following five questions:
- Is the veteran or military member currently working?
- Is the members condition severe?
- Is the condition found in the SSA list of qualifying disabling medical issues?
- Can the military member/veteran perform the same labor as before the condition?
- Can the applicant do any other type of work?
Receiving Schedular Tdiu Benefits
The first is to qualify based on your disability rating. When reviewing disability claims, the VA assigns disabling conditions a rating on a scale from 0 to 100 percent in increments of 10 percent. The higher your condition rates on that scale, the more money you receive in disability compensation each month.
The highest schedular disability rating is 100 percent. TDIU enables you to receive monthly benefits at the 100 percent rate even if your condition itself is not rated 100 percent.
To qualify for TDIU, you must:
- Demonstrate an inability to maintain substantially gainful employment due to your service-connected disability and
- Have a single service-connected condition rated 60 percent or higher or
- Have multiple service-connected disabilities that combine to 70 percent or higher, with one of those conditions rated at least 40 percent disabling.
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Is It Unlawful For Bell To Terminate Ltd Benefits At 65
Furthermore, the adjudicator held that it was not unlawful for Bell to discriminate on the basis of age when it came to terminating LTD benefits at the age of 65, as this was not prohibited by the Act. In fact, this situation was specifically provided for at subsection 5 of the Canadian Human Rights Benefits Regulations, which states that:
Notice Of Reexamination Letter
The VA must send you a reexamination letter before they can change your service-connected disability rating. This letter will detail what will take place and when.
You have 30 days to request a hearing if you wish to contest the VA decision, and you have up to 60 days to submit evidence that a reduction in your rating is not warranted.
The notice of reexamination should include contact information where you can reschedule your appointment if necessary.
Its essential you attend your reexamination appointment or work to reschedule it for a better time.
If you dont attend the appointment or provide supporting evidence for your case, the VA can reduce or terminate your benefits without additional warning.
Reestablishing your rating could take some time, or may be impossible, barring a legitimate reason for missing the appointment.
Keep in mind, the VA cannot reduce your service-connected disability rating without first sending you notice. Failure to do so should result in a full reinstatement of your benefits.
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Social Security Disability Benefits For Veterans
Qualifying veterans can receive Social Security Disability benefits even if they already are receiving VA disability benefits. Medicare and TRICARE benefits may also be payable concurrently depending on qualifying circumstances.
Over nine million veterans received disability benefits in 2020, according to the Social Security Administration. In 2018, nearly a quarter of all United States military veterans said they suffered from a service-connected disability, according to the Census Bureau.
Vets may not realize they may qualify to receive both Social Security and VA disability payments at the same time.
What Social Security options are available for those who have served?
What Kind Of Social Security Disability Payment Is A Veteran Eligible To Receive
There are two types of SSA disability benefits a veteran may be eligible to apply for. One is SSDI, a disability insurance program where the insurance payments in these cases are the monthly Social Security tax deductions from the veterans paycheck, assuming the veteran has worked long enough to qualify for coverage.
The other is something known as Supplemental Security Income or SSI, which is a need-based program. Veterans may be required to submit proof of financial need for SSI.
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Can The Va Reduce Your Disability Benefits What You Need To Know About A Reexamination Notice
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Did you know that its possible for the Department of Veteran Affairs to reduce your VA disability rating? When the VA gives you a service-connected disability rating, it retains the right to reexamine you to determine if your disability is still present and warrants the original rating.
The VA can increase, reduce or terminate your disability compensation based on its reexamination. But, not every veterans disability rating is scheduled for a reexamination, and not every rating will change.
For example, some service-connected disability ratings are considered protected and will not be changed.
Veterans with a P& T rating will usually not be scheduled for a reexamination. The same goes for injuries considered permanent or static. These include injuries that will never change, such as a missing limb.
Some medical conditions are not considered permanent and may be subject to reexamination.
Lets take a look at VA reexaminations to better understand the details of why, when and how, the VA reexamines disability ratings, and whether or not your rating will be reviewed in the future.
If the VA reviews your disability rating ,keep in mind that reviews work both ways. They can increase or decrease your rating, depending on supporting evidence and documentation.
Social Security Disability Claims
The Social Security disability claims process is quite different from the VA in several ways, the least of which being that you do NOT have to prove that your disabilities are service-related. Your status as a veteran does not affect your claim, and the nature of your military discharge is not taken into consideration.
That is important for those who have punitive discharges who may or may not qualify for VA medical benefits. Social Security payments do NOT depend on whether your discharge was characterized in a certain way.
Social Security disability requires the applicant to submit proof of a physical or mental health issue resulting in a reduced capacity to work at a substantial gainful level which may be quantified by a specific earnings amount.
That amount was listed in 2016 as being roughly $1,300 of income per month, and is listed here only as an example of how these rules have functioned in the past. To determine the current level of substantial gainful employment, you will need to look at the Social Security Administration official site.
But thats not the only requirement, a second part to be mindful of is that your condition must be disabling for at least 12 months or must be such that it will end in death.
Is Sleep Apnea A Permanent Va Disability
Can the VA Take Away My Sleep Apnea Rating? Since the condition is not considered a permanent VA disability, you can have your rating taken away by the VA. If the condition resolves over time, and you are reevaluated to not have sleep apnea any more, you will no longer be able to claim that rating for compensation.
When Are You Subject To A Va Reevaluation
According to M21-1, the VAs Adjudication Procedures Manual, VA Raters shall NOT schedule a Routine Future Examination when:
- The disability is Static, without material improvement over five years,
- The disability is Permanent in character and of such nature that there is no likelihood of improvement,
- The Veteran is over 55 years of age ,
- The evaluation is the prescribed schedular minimum within its diagnostic code,
- The evaluation is 10 percent or less, OR
- The combined evaluation would not change even if the VA reevaluation resulted in a reduced evaluation for one or more disabilities.
Expert Tip: When deciding if a disability is Static, VA Raters shall only order a future examination if there is objective evidence stating clearly a disability is likely to improve.
The principles expressed above apply equally to:
- Initial Routine Future Examinations and,
- Reexaminations requested in the interest of substantiating sustained improvement.
Therefore, where one or more of the above criteria are applicable, and the evidentiary record includes a single examination report portraying improvement in a disability that has persisted at its assigned level of evaluation for 5 years or longer, do not proceed with scheduling an additional reexamination unless doing so is:
- Required by regulation, OR
- Warranted in light of unusual circumstances, such as in cases of Veterans over age 55.
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