Military Disability Compensation
Payment benefits for the injured
Military disability compensation pays benefits to military employees who have been injured or disabled during their military service. The amount of compensation is generally authorized based on the severity of the disability. There are no time limits in applying for military disability compensation. Nevertheless, military men are encouraged to apply within one year of release form active duty as entitlement is established retroactively to the date of separation if your claim is filed within this period
The federal government does not count military disability compensation as taxable income and when you are also receiving Social Security payments, this does not affect your military compensation. Generally, your disability must result from an injury or disease incurred or worsened during active duty. In all instances, the disability or release from duty must not have been from dishonorable conditions. Hence, the level of earnings before the injury does not affect the disability compensation. This is in contrast to civilian disability compensation which is tied to a workers pre-injury earnings.
Aside from the military disability compensation, a disabled military can also receive clothing allowance, vocational rehabilitation, disabled veterans life insurance, priority inpatient and outpatient medical care, preference for employment in the federal government, certain state and local benefits and dependents educational assistance program. However, under the law the payment of VA compensation disability benefits is affected by the receipt of a military retired pay. If you receive military retirement benefits, you may waive your retired pay to receive the full amount of VA compensation. Until the waiver takes effect, your compensation will be adjusted or withheld depending on the amount of military retired pay you are entitled to.
It must be known that the law prohibits payment of VA compensation and military disability severance pay for the same medical condition or disability. While VA compensation is withheld on monthly basis, until the total amount of military severance pay has been recovered, the Special Separation Benefit (SSB) – VA compensation will be withheld in full until the amount of the SSB has been recovered. You may reopen your claim when your condition has worsened. This can be done by contacting your local State Veteran Counselor or city Veterans Service officer. Here, you can file a VA Form or statement in support of claim to request an increase in your percent of disability.
The VA disability claims process can be very complex and confusing. It is therefore important that you contact your local Veterans Service officer or contact a lawyer for professional assistance and representation. Remember that when you have legal aid you are more confident in pursuing with your claim.
Our Disability Specialties
5273 Melrose Ave., Suite 103 Los Angeles, CA 90038
- Tel No: 1-866-998-2545
- Email: [email protected]