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Veterans Benefits Attorney in West Hartford

veterans issues attorney west hartford ct

If you are a Veteran and you think you are entitled to compensation for a service-connected disability, you should first go to an agency that can assist you in completing your application for benefits. The Veterans of Foreign War (VFW), American Legion, Disabled American Veterans (DAV), or other similar veterans’ organization have volunteers that can help you complete a fully-developed application. The process is often complex and these organizations provide excellent resources and education in this area.

If you application is denied, you should appeal it. You can do this yourself or with the assistance of one of the organizations listed above or you can hire counsel to represent you. Only at the appellate level will you be charged a fee for service. A legal representative must be accredited by the VA in order to represent you in your case.

Below are the various types of benefits available to Veterans and their dependents. Many times, Veterans don’t even know about these benefits or how to go about applying for them. As Veterans ourselves, we are available to help point you in the right direction. Feel free to call and ask for help.

PENSION – A disability income program that offers cash benefits to Veterans to help cover the cost of medical expenses.

  • Overview:
    • It is dependent upon income, assets, and medical expenses.
    • Medical costs are estimated based on out-of-pocket – unreimbursed expenses only.
      • Long term care services
      • Independent or assisted living
      • Adult day care
      • Nursing home services
      • Health insurance premiums
      • Prescription and non-prescription drugs
      • Regular visits for medical treatment
      • Renting medical equipment
    • Eligibility:
      • Veteran had to have served on active duty at least 90 days with one of those days during a period of war; service in combat not required.
        • World War II – December 7, 1941 through December 31, 1946
        • Korean Conflict – June 27, 1950 through January 31, 1055
        • Viet Nam “In Country” prior to August 5, 1964 – August 5, 1964 through May 7, 1975
        • Viet Nam Era – February 28, 1961 through May 7, 1975
        • Gulf War – August 2, 1990 through date to be determined
      • Discharged must be anything above dishonorable.
      • Gulf War Vets must have served 24 months or completed requirement for active duty service.
    • Disability and Medical Needs Test:
      • If Veteran is under the age of 65, he or she must be totally disabled.
        • Medical evidence must be submitted to prove disability.
      • If Veteran is over the age of 65, no requirement for disability.
      • Medical need for assistance or supervision due to disability is required to get VA Rating.
      • Combined income of household cannot exceed the MAPR for the category of Pension applied for.
      • Total assets generally cannot exceed $80,000 (personal residence, land, personal property and automobiles for personal use are excluded).

DEATH PENSION – A disability income program that offers cash benefits to the Single Surviving Spouse of a deceased Veteran who meets the criteria for Pension.

  • Eligibility:
    • Deceased Veteran must meet the eligibility requirements above.
    • Deceased Veteran or Surviving Spouse do not have to meet disability or age requirements.
    • ALL conditions below must be met to qualify:
      • Surviving Spouse must have met the conditions to be married under VA rules.
      • Surviving Spouse had to have been married to the Veteran at time of death.
      • Surviving Spouse must have lived together continuously with Veteran while married.
      • Surviving Spouse must be single at time of application and cannot have remarried after November 1, 1990.

*AID AND ATTENDANCE requires assistance with:

  • Bathing/showering
  • Toileting
  • Feeding
  • Dressing/undressing
  • Transferring in/out of bed/chair
  • Incontinence
  • Ambulating
  • Frequent need for adjustment of prosthetic or orthopedic device
  • Incapacity requiring regular assistance to protect patient from hazards or dangers in daily environment
  • Blind or visual acuity of 5/200 or less in both eyes
  • Patient in nursing home due to physical or mental incapacity
  • Totally bedridden

DISABILITY COMPENSATION – tax-free benefit paid for service-connected disability.

  • Range from $130 (10%) to $2,858 (100%)
  • Special Monthly Compensation (SMC) – aid and attendance allowance in addition to disability compensation.
  • Eligible for health care benefits from the VA

DISABILITY INDEMNITY COMPENSATION – payable to eligible survivors of a military service member who died on active duty or whose death after service resulted from a service-connected injury or disease.

  • Automatically granted for surviving spouse for veteran who was permanently and totally disabled for 10 years or more.
  • Pays $1,233 per month
  • Additional amounts for dependent children
  • Additional $306 per month if aid and attendance is needed (not automatic).

BURIAL BENEFITS – money available for costs for veterans who were service disabled, receiving Pension or who died under VA care.

  • If death was result of service-connected disability – $2,000
  • If death non-service related and Veteran was receiving Pension or Compensation – up to $700
  • All Veterans receive free burial in state and federal VA cemeteries.
  • All Veterans are eligible for grave marker, flag, honor guard, and letter from the President

If you have any questions about any of the information above or any Veteran’s benefit issues, please contact the Veteran’s benefits attorneys at The Upton Law Firm today at (860) 893-0558.

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