Am I Eligible for VA benefits?
By Douglas I. Friedman of Friedman Law Firm, P.C.
Tuesday, January 19, 2021
In addition to Long Term Disability insurance benefits, and Social Security disability, you may be eligible for disability compensation through the Department of Veterans Affairs (“VA”). To be granted service connection you must have three things: 1) a current medical condition; 2) an event or injury in the military; and 3) a medical opinion connecting the two.
Sounds pretty simple right? But it’s just the reverse. To process thousands of claims while spending as little money as possible, the VA has many arcane rules that control the result -- --; regardless of what the actual facts may be. Often you just have to memorize the rule, because it may not be common sense.
Consider these examples:
1. Veteran serves from 1968 to 1970. After his service he works until 2010 as a lineman for the phone company. He is never sick a day in his life until he suffers a heart attack without any warning.
Is he eligible for VA benefits?
Yes. In talking to him we learn that he served in the Infantry at an Army base in Vietnam. There is a VA rule that entitles him to benefits under these facts.
2. Same facts as Question 1, except that Veteran does not take care of himself and is obese for the last thirty years before the heart attack. His cholesterol and triglycerides are very high, and he refuses to take medication, diet or exercise. Furthermore, his father died at 50 from a heart attack, and his brother has had two heart attacks already, at age 40 and 45.
Is he eligible for VA benefits?
Yes. While it’s pretty clear that Vietnam did not cause the heart attack, the veteran is still entitled to benefits under the VA rules because of Vietnam service.
What matters in these cases then? Well, the actual cause of a disease or condition may not be relevant. What is important is being aware of the VA’s complex and arcane rules that may direct a favorable result. While you may be very knowledgeable about the law in your case, you may not know about some of the rules that may provide eligibility, as they are often counter-intuitive.
Each case is different and our conversations with you about eligibility may lead in many directions before we can help you reach a conclusion.
Please call us at 205-879-3033 if you have any questions or would just like us to review your case with you. You can also email us at LifeHealth@FriedmanFirmPC.com
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