He has a service-related disability rating due to hearing loss but, more importantly, is suffering from Alzheimer's or dementia issues. What benefits might he be eligible to receive as a non-retired veteran? My BIL is married, but his wife also has medical/mobility issues, too.
My husband used an attorney who specialized in Veteran disability claims in Eastern North Carolina. I think he retired since then. He was well versed in such claims.
Since the disability office gives you a specific amount of time to file an appeal to the decision, he filed within that time frame. So his award went back to the initial date of filing two years prior. The attorney got his percentage of the 30% extra from the lump sum of back date funds awarded.
It was a two year process to appeal and he had to provide more documentation, had two more VA assessments, had a private community provider give medical documentation, and went before a judge to be questioned.
It was a bit overwhelming, but the attorney helped him over these hurdles. My husband went to a few different attorneys at first, and one of these guys was the one to refer him to the attorney he ended up using.
The biggest thing is to ask how many clients/veterans an attorney has worked with, and what is the success rate. The appeal process is so involved, and the attorney has to put in so much time to do it right, that he should take cases he thinks he can win.
My friend got a partial % disability from the VA although it took many years.
This doesn't mean to NOT call them. Best to have a contact if possible as some of the people answering the phones told me to go to the internet to find answers to my questions ... he didn't know.
The VA used to have someone on site to help veterans with these applications/claims. If you are close enough, call and/or walk in to talk to someone. There are also volunteers who can help - through volunteer associations. Also, try the social workers or dept at County in Senior Services (for a volunteer or someone to help with the process).
As someone said here below:
'A good Veterans Service Officer can answer questions and assist with a new claim.'
Gena / Touch Matters
My husband filed his own claim at first. He was awarded 70% disability. Then he got a VA attorney involved, and was awarded 100% disability.
The attorney sent information promptly, advised him well, and even went with us to the hearing to represent him.
There was no feet dragging to get more compensation on his end.
My comments: "I always suggest do NOT bring an attorney into the picture until you have applied using the free resources like the Veterans Affairs Office." "The longer an attorney drags their feet, the more they get because they collect a percentage of that back pay, up to a maximum available."
I meant "IF an attorney drags their feet" because fortunately there are exceptions to every statement.
You were wise not to involve an attorney until you had done it yourself. If the benefit was backdated from the date of the claim, hopefully you received all of your back pay from the 70% and only had to pay a percentage of the 30%. Question... was the award for the additional 30% based on the original claim date or did it start as a new claim?
When you say "VA Attorney" do you mean an attorney specializing in VA claims or an attorney from a Veteran Affairs Office or another resource? Can you share insights how to search for the most qualified attorney for VA issues? Many claim to be but few probably really are.
Talking to other veteran families can enlighten you to all sorts of veteran benefits. I have a few friends that once we began sharing, it was amazing at the different helps we each were getting. Once I learned what others were getting then I began asking if we were eligible to get XYZ... boom... the doors began opening! I asked his VA doctor, his social worker, and even his nutritionist if we were eligible for various items. All providers don't know all the benefits but most will check for you. We have good health insurance so we only use the VA health care for annual evaluations with his primary care, optometrist, audiology, etc. We use private providers for almost all his regular health care and hospitalizations.
He is only 20% service connected but here are some items he has received... hearing aids, glasses.. even an extra pair that is specialized for his reading issues, incontinence supplies, wheel chair, U-Step walker for Parkinson's, Ensure, bathroom mobility helps, caregivers, and too many to remember! In fact the last time he saw his primary care doctor, she told us not to buy anything special until we check to see if they provide them! Benefits do not always come in the form of a check... but these benefits have saved us a lot of expenses.
I have often heard the best information many receive is while in a waiting room at the VA. Just remember to ask the right person what may be available for your case as each veteran case is unique.
The C-file is the military documentation on each veteran. It will list any injuries or illness, etc reported during his time in the service.
The longer an attorney drags their feet, the more they get because they collect a percentage of that back pay, up to a maximum available.
This applies also to SS disability claims. With my husband's SS and VA disability, going in person to have a representative complete the form online resulted in approval the first time around for both with nothing deducted. This way, there is less chance of it being sent back for missing information. I know there is no guarantee it will always happen this way, but it does help minimize the stress of the process.
Bring with you any medical records that he may have indicating any and all medical issues.
A great deal of conditions have been added when calculating "Service Connected Disability"
If he is still actively working, he needs to reach out to his Benefits Coordinator and HR about policies and procedures for someone with a cognitive and physical disability.
Your local service agency on Aging might also have helpful information for him and his wife.
He also has to be 50% or more disabled to qualify. Since he continued working, he gets nothing.
The VA system is so bad Vietnam Vets who were shot and given Purple Hearts can't get any money. It is a national disgrace. His wife is not entitled to anything unless she was in a military branch during time of war.
If he is still in the service, he gets nothing (except VA Medical, which is also terrible) until he retires and is over 65. Good luck!
The PACT Act has changed a lot of things because of all the contaminants veterans were exposed to... even on some bases on American soil. For some issues, just being in Viet Nam boosts the chances of being approved because of several types of contaminants all around and you don't always have to prove you were exposed.
My husband was approved for 20% hearing loss before he turned 65. Have no idea where you might have received info it must be 50%. My father received benefits for 10% hearing loss.
There ARE many spousal benefits in different situations. The VA Caregiver Support System has been expanded a lot in the last couple of years. I get 28 hours a week caregiver help.
I have a friend who is receiving benefits as a widow.... not all benefits are paid in checks. One benefit is no car tax.
Each veterans case is unique so only by asking the right person, preferably in person at the VA or other Veteran approved agencies, can one know if they do or don't qualify. Info shared here is never completely appropriate for each individual vet.
We missed out of two years of VA benefits because when the audiologist asked us if we thought his hearing was service related we said no because he was in communications not on a flight line! A year or so later it occurred to us... he was in a secure room with teletype machines constantly running! It turns out that certain career fields have higher risks for certain issues so just by using his MOS (Military Occupation Service??) which was a 291 his claim became a higher possibility of being approved.
We missed out on several months of SS because we thought he had to be out of work for six months. We went in person and learned that because he was using sick leave on such an increased level, he had a higher possibility of being approved! So he worked until he was actually approved, while still receiving a full check.... the difference was it was not due to actually working... he was working half days and on sick leave half days!
My mantra has become... STOP losing benefits by believing myths and rumors!
Ask the right person at the agency involved and amazing the doors that can open for you! If you don't ask you have simply rejected your own claim! Sometimes you have to go back and ask a different rep and bring more info... don't always take the first no as a final no!
This site is great for using the info as food for thought and then acting on the info to find out how it applies to your situation... but not using it to decide you aren't qualified for certain benefits whether it is VA, SS, insurance, etc.
Are you the POA?
We are just a bunch of caregivers. If some here have done this I hope they can provide you of the starting point. I can only guess it would be the VA online site. Local numbers might work as well, or they can refer you. Have all service ID information at hand when you call.
Good luck.