Bridgewater Veterans Benefits Lawyer

A closeup of a serviceman's uniform with the US flag stitched on.

Veterans who have served our country deserve the full range of benefits. However, some of them are unaware of all the benefits they may avail themselves of, including a pension benefit called Aid and Attendance.

This is an additional pension benefit for veterans who have significant disabilities and limited income. You might qualify for Aid and Attendance if you or if your loved one is over 65, or under 65 and disabled, and you meet at least one of the following criteria:

You need assistance from another person to manage basic daily tasks such as bathing, eating, or getting dressed
Due to illness, you are confined to bed or spend most of your day resting in bed
You reside in a nursing facility because a disability has significantly affected your physical or cognitive abilities.
Your vision is severely impaired, and even with corrective lenses, your eyesight measures 5/200 or worse in both eyes, or your visual field is restricted to 5 degrees or less.

Your illness or disability does not have to be related to your service, as Aid and Attendance is a pension benefit. If you are a wartime veteran or a surviving spouse of one, you might be eligible for assistance with paying for in-home care, assisted living, or nursing home care.

How a Bridgewater Veterans Benefits Attorney Help With the Application Process

Unfortunately, the process to apply for Aid and Attendance and other benefits can be complex, especially for someone struggling with a disability or illness. Most of the time, once an application is rejected, you must wait one year before you can reapply.

For these reasons, we recommend speaking with a veterans benefits attorney for assistance with your applications. At Van Dyck Law Group, we help veterans apply for the benefits they deserve.

If you or a loved one is trying to navigate the VA’s benefits system, please contact us for a consultation to learn more about your options.

How Does a Bridgewater Veterans’ Disability Benefits Lawyer Help You Get Benefits?

There is a separate benefits program called Housebound that provides additional aid if a veteran must spend most of their time at home due to a disability or illness. Because there is some overlap with the Aid and Attendance program, veterans are not eligible for both.

An attorney can help you figure out which is a better fit for your situation.

However, veterans receiving VA disability benefits may still be eligible for Social Security benefits, depending on the type of benefit and the amount of VA compensation. VA disability payments are considered “unearned income” by the Social Security Administration (SSA) because they aren’t tied to employment.

This means they reduce the federal Supplemental Security Income (SSI) payment dollar for dollar after applying a $20 general income exclusion, which is available to all SSI recipients.

On the other hand, Social Security Disability Insurance (SSDI) benefits are not impacted by VA disability payments, as unearned income does not affect eligibility or payment amounts for SSDI.

Is Nursing Home Care, In-Home Care, or Assisted Living Expenses Covered Under VA Benefits?

If you qualify for long-term care services, your VA benefits can help you pay for the following:

Round-the-clock access to nursing and medical support.
Rehabilitation services, including physical therapy and others.
Assistance with everyday activities such as bathing, dressing, meal preparation, and medication management.
Pain relief and comfort-focused care to enhance quality of life.
Respite care and skilled support for family caregivers needing time to work, travel, or handle personal responsibilities.

Can a Bridgewater Veterans’ Benefits Law Firm Help in Filing a VA Disability Claim?

We can’t represent you in your initial claim, as this is not allowed by the VA. However, you can consult with a VA benefits attorney for advice and guidance on the process.

Additionally, we can assist you with an appeal after the VA has issued an initial decision on your claim.

How a Veterans’ Benefits Attorney Helps With a VA Disability Claim?

VA disability compensation provides a monthly, tax-free payment to veterans who became ill or were injured during their military service, as well as those whose existing health issues were aggravated by their time in uniform. These benefits may be available for both physical conditions, such as long-term injuries or chronic illnesses, and mental health challenges, including PTSD, that arose before, during, or following military service.

Unfortunately, some veterans face difficulties accessing this benefit, often due to claim denials. If you believe your claim is valid but you received a denial, we recommend consulting with a veterans disability benefits lawyer as soon as possible.

Our team of dedicated lawyers can help you review your claim and denial to determine why it was rejected. If we think you have grounds for an appeal, we can assist you with the paperwork.

Understanding the Next Steps in a VA Disability Benefits Appeal

There are three ways to appeal a VA disability benefits denial:

Submit a supplemental claim by providing new and pertinent evidence
Ask for a Higher-Level Review conducted by a more experienced VA reviewer
Take your case to the Board of Veterans’ Appeals for a formal appeal

In addition, your veterans disability benefits attorney can help you explore these options and advise you on the best method for your situation.

How Long Will It Take to Get a VA Disability Claim Response?

According to the VA, the average time to respond to a disability claim is currently about 107 days. This number can fluctuate due to the number of new claims received.

Additionally, some claims may take more or less time to process, depending on various factors. These include:

The specific type of claim.
The complexity of your case. If you have multiple or complicated illnesses or injuries, it may take longer to review your claim.
The time it takes to gather evidence for review. If it takes additional time to search for medical or service records, then your claim could be delayed.

How to File a VA Disability Claim

Disability claims can be filed online or by mail. The online option may save you a week to ten days, as it can take that long for paper claims to arrive.

If you use the online claim form, you will also receive confirmation that your claim has been received.

Clients often ask if there is anything they can do to speed up the review process. Unfortunately, the only way to expedite the process is to respond promptly if the VA requests additional information.

In some cases, they may schedule a medical exam so they can learn more about your condition. Attending this exam promptly will help prevent any further delays.

Two Types of VA Disability Benefits

There are two types of VA disability benefits, one for service-connected disabilities and one for non-service-connected disabilities.

Veterans may qualify for service-connected disability compensation if they have a physical or mental health condition that was either caused by or worsened due to their time in the military. This monthly payment is available to eligible veterans and certain dependents.

The amount awarded is determined by a disability rating system that assigns a percentage from 0% to 100%, reflecting the severity of the condition.

Some common examples of service-connected injuries include Agent Orange exposure, Post-Traumatic Stress Disorder (PTSD), and traumatic brain injuries (TBIs). However, this is not an exhaustive list.

If you have any injury or illness that began during your service, you should ask your attorney if it might be connected.

Non-service-connected pension benefits, on the other hand, can be granted to veterans who served during a wartime period, regardless of whether their disability is linked to military service. To qualify, the veteran must be at least 65 years old with little or no income, completely and permanently disabled, currently reside in a nursing home, or be able to receive Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI).

How Much Can You Receive in VA Disability Benefits?

Annually, the VA publishes updated Veterans Compensation Benefits Rate Tables, which help veterans estimate their potential monthly payments based on their overall disability rating and the number of eligible dependents they have. The VA may also provide compensation at the 100% rate if a veteran is considered totally disabled solely as a result of their service-connected conditions.

In rare cases of extremely severe injuries, veterans may be eligible for extra compensation. Sometimes, the rate tables can be confusing, but your attorney can help you determine your monthly benefits if you have questions or concerns.

Get Help From a Bridgewater Veterans Disability Benefits Lawyer

Van Dyck Law Group is always available to support veterans and their families in the process of seeking VA benefits. If you or a loved one has questions or concerns about veterans’ benefits, please contact us at (908) 201-0629 for a consultation.

We’ll walk you through the process, answer your questions, and assist you as needed. Our legal team has the knowledge and skill necessary to help you pursue the benefits you need.