Veterans’ Disability Lawyer

Members of the U.S. military and their families are entitled to benefits after suffering death or injury during their service. These programs provide compensation through funds and insurance for those who meet certain conditions. In some cases, veterans, servicemembers and their families may be denied compensation or receive less compensation than they deserve. Eligible recipients may file claims to recover compensation for their injuries.

Veterans Administration Disability Benefits and Disability Rating Appeal

Veterans of the uniformed services in the United States may receive disability benefits after experiencing injury or disease while engaged in military service. The disability or condition that is the basis of the request for benefits must be related to the member’s service or must have been aggravated during service.

Veterans are required to demonstrate that their injury or condition is associated with their service. The U.S. Department of Veterans Affairs (VA) assigns a disability rating to conditions and injuries that are determined to be connected to service by the Regional Office. The VA establishes criteria for the condition or injury to be considered service-related.  The condition is then given a rating between 0 and 100%.

The amount of compensation awarded to a veteran depends on both the service rating and the number of dependents that the veteran claims. There is a significant range of compensation which is listed in the VA Compensation Rates. A non-favorable determination can be appealed by the veteran.

VA Pension and Survivors Pension

Monthly payments to wartime veterans who meet disability or age requirements and who have net worth and income within certain limits are available through the Veterans Pension program.

Through the U.S. Department of Veterans Affairs, surviving spouses and unmarried dependents may be eligible to receive compensation under the VA Survivors Pension. A monthly payment may be available to survivors and dependents who meet certain criteria. In order for a surviving spouse to qualify, he/she cannot be remarried and the deceased veteran spouse cannot have been dishonorably discharged, and one of the following must apply:

  • The veteran entered active duty on or before September 7, 1980 and served a minimum of 90 days in active service (and at least one day during wartime period); or
  • The veteran entered active duty after September 7, 1980 and served at least 24 months or the full time for which they were called to active duty (and at least one day during wartime period); or
  • The veteran was an officer and started active duty after October 16, 1981 and was on active duty for at least 24 months.

In order for an unmarried child to qualify, one of the following must apply:

  • The dependent is under 18 years old; or
  • The dependent is under 23 years old and attends a VA-approved school; or
  • The dependent cannot care for him/herself due to disability that occurred before 18 years old.

In addition to these requirements, the family’s annual income and net worth must meet the standards set forth by Congress. If you believe you have not received adequate compensation from the VA Survivors Pension, you may bring a claim against the VA to obtain the funds your family deserves.

Veterans Affairs Aid and Attendance Benefits and Housebound Allowance

VA Aid and Attendance benefits and Housebound allowance offers monthly benefit payments in addition to the VA pension that eligible veterans and survivors are entitled to collect. Servicemembers and veterans who already receive a VA pension and meet one of the following criteria may be eligible for Aid and Attendance Benefits:

  • The veteran requires another person to help in performing daily activities; or
  • The veteran is bed-bound; or
  • The veteran is in a nursing home due to a disability; or
  • The veteran’s eyesight is impaired

Servicemembers and veterans who already receive VA pensions and spend most of their time at home due to permanent disability may be eligible for Housebound Allowance benefits.

Those who apply for an allowance and benefits through these programs must provide adequate evidence, such as medical files and detailed reports of daily activities, to substantiate their claims for assistance.

Servicemember Group Life Insurance Traumatic Injury Protection

Servicemembers who were traumatically injured while serving the military may receive compensation through a life insurance program known as Servicemember Group Life Insurance Traumatic Injury Protection (SGLI-TIP). SGLI-TIP is available to servicemen and women regardless of whether the injury occurred while he/she was on or off-duty.

Members of the military who have Servicemember Group Life Insurance (SGLI) may already have SGLI-TIP included in their plan. If you have suffered a traumatic injury and you have SGLI-TIP insurance, you may be entitled to recover up to $100,000. Recovery under SGLI-TIP must meet the following criteria:

  • Injury occurred on or after October 7, 2001 prior to midnight on your last day in service; and
  • You can claim a scheduled loss resulting from the traumatic injury; and
  • Your scheduled loss occurred within 2 years of the traumatic injury; and
  • You were an active-duty member of the military, or on funeral-honors duty, or 1- day muster duty

SGLI-TIP covers a range of injuries including amputations, coma, traumatic brain injury, loss of sight or hearing, and paraplegia. In addition to this coverage, military members may also be eligible to receive compensation by filing a claim related to the Loss of Activities Daily Living (LADL). Members may qualify if they demonstrate inability to perform 2 of the 6 listed ADLs (such as dressing, eating, and bathing) for a period of at least 30 consecutive days.

Iraq War Compensation Fund

Servicemembers, veterans, and contractors of the United States military who were injured or killed in the wars in Iraq or Afghanistan can seek compensation from banks that funded terrorist groups during these wars. Sponsored terrorism has resulted in tens of thousand of injuries and deaths among servicemembers and contractors.

Under the Foreign Sovereign Immunities Act (28 U.S.C. §1605A) (Act), foreign banks that illegally provided funding to Iran to subsidize terrorist activity during the wars, may be liable to military members and contractors who were injured during the war. Iran is responsible for providing funds to terrorists to support their attacks against U.S. servicemembers in Iraq and Afghanistan.

The Act authorizes victims to seek economic damages as well as compensation for pain and suffering. Several banks, including Barclays Plc, BNP Paribas S.A., and Credit Suisse AG, have acknowledged their involvement in criminal activities with Iran in violation of U.S. and international law. The attacks sponsored by these and other banks were responsible for the majority of U.S. casualties between 2003 and 2011. Any veteran, servicemember, contractor, or family member and survivor, who was harmed or killed between 2003 and 2011 may be eligible for compensation from the Iraq War Compensation Fund.

How Our Law Firm Can Help You

The Lake Law Firm was founded by Edward J. Lake, Esq., a personal injury lawyer for over 25 years. Our dedicated team of attorneys is committed to seeking justice on behalf of those who have suffered injury or death due to the negligence of others. The lawyers in our firm have helped collect millions of dollars for their clients. The Lake Law Firm will advocate for you and your rights. Please contact us for a free confidential case evaluation at (888) 274-0139 or submit an inquiry on this page.