Archives for February 2021

Texas VA Benefits Available for Dependents of Veterans

We told you last year about the benefits for veterans in Texas. But if you’re a veteran’s dependent, there are also available benefits available to you. Like veterans benefits, you may not realize that they are available, and how to qualify.

Texas VA Benefits Available for Dependents of Veterans

Benefits are available for dependents of veterans or surviving family members of deceased veterans. They are eligible through the veteran, not by themselves. Eligible family members are:

  • Spouse
  • Surviving Spouse
  • Child/children
  • Surviving child/children
  • Surviving parent(s)

A spouse must have a valid marriage with the veteran, including a “common law marriage,” which is a legal and valid marriage in Texas. The veteran may be required to provide a written statement attesting to the validity of the marriage. In some cases, a former spouse who has not remarried may also be eligible for benefits.

Children can be in or out of marriage, adopted, or a stepchild of the veteran, and under the age of 18. If they are over 18, they must be permanently disabled prior to 18. However, if a child under 18 joins the military or gets married, he or she will no longer be eligible for any benefits.

Property Exemptions

As we mentioned previously, veterans with a 100% rating can receive a waiver of all property taxes. Surviving spouses and children of veterans can receive a $5,000 property tax exemption, but you must apply for it.

There may be other tax breaks available, so it’s best to check with a qualified tax professional to find out what’s available in your area.

Education

The Hazelwood Act provides educational benefits for Texas veterans and their dependents. The act provides up to 150 hours of tuition exemption but doesn’t cover books, supply fees or living expenses. Under the Legacy Act, veterans can assign any unused hours of exemption to a qualified dependent child.

Spouses and children of veterans who:

  • Died in the line of duty
  • Died as a result of injuries or illness sustained through military service
  • Are missing in action
  • Became 100% disabled (for the purposes of employment) as a result of injuries from military service

Are also eligible for credit exemptions of 150 hours for higher education. There are specific qualifications for the Hazelwood Act, including a residency in Texas.

Two other scholarships are available for Texas veteran dependents:

  • The Marine Gunnery Sergeant John David Fry Scholarship (Fry Scholarship)
  • The Survivors’ and Dependents’ Educational Assistance (DEA) Program

Beneficiaries must choose between these two. Once selected, it can’t be changed.

“Death Pension”

Surviving spouses and unmarried children of deceased veterans with wartime service may qualify for the VA’s death pension. This can help bring an eligible person or family’s income up to a level designated by law.

The spouse must not be remarried, and have children under 18, or under 23 if they are attending a VA approved school. The spouse may also qualify if the child became permanently unable to take care of themselves before the age of 18.

The veteran must have qualifying service as well as a discharge that’s other than dishonorable.

Should the surviving spouse be living in a nursing home, is permanently housebound, or need the assistance of another person, he or she may be entitled to a higher payment amount.

Burial Benefits

Veteran’s families may be eligible for burial benefits, including:

  • Burial expenses (reimbursement)
  • Military funeral honors
  • Headstones and markers from the VA
  • Burial flags
  • Internment in the VA’s national cemeteries or other cemeteries for veterans.

You can learn more about these available benefits by contacting the Texas Veteran Commission at: (877) 898-3833, or by email at education@tvc.texas.gov. TVC also publishes a guide to Texas veteran’s benefits that’s available online.

Additional information is available from TexVet.org.

Get Help From A Houston VA Disability Attorney

Whether you’re ready to start your application, need help with an appeal, or want to investigate a case review, don’t face the VA alone. You do have the right to legal representation whether it’s a new application, a hearing, or filing an appeal.

Call The Herren Law Firm in Houston at 713-682-8194 (or use our online contact form) to schedule your free consultation for VA disability benefits. Our contingency fee basis means you won’t owe a fee until we win your case, and there’s no obligation.

Common Disabilities As A Result Of TBI

TBI, or Traumatic Brain Injury, is also called “craniocerebral trauma.” It’s the result of a sharp blow, bump, or other sudden trauma to the head that disturbs the brain’s normal functioning. It can also occur when an object penetrates into the brain, such as a skull fragment or high-velocity object. A Traumatic Brain Injury can range from mild effects to severe, depending on the initial injury.

Common Disabilities As A Result Of  A Traumatic Brain Injury

The CDC reports that there were 2.87 million emergency room visits, hospitalizations, and fatalities related to TBI in 2014. Of those, 837,000 were children.

Falls are the leading cause of TBI, in over half of the cases. The second leading cause is being hit by or against an object. However, veterans can also suffer TBI as a result of their military service, such as exposure to IEDs (“improvised explosive devices.”)

Injuries from a TBI can range from a mild headache and concussion to a persistent vegetative state (coma.) Those who survive a TBI can develop disabilities as a result of the disruption of brain function. The brain injury can affect the way a person thinks, moves, and acts, and cause an individual to suffer a disability.

Post-Concussion Syndrome

Occurring directly after an injury event, nearly 50% of TBI victims experience PCS, lasting anywhere from a few weeks to many months. Generally temporary, it usually means that the patient cannot work or take part in other normal daily activities until symptoms are managed with medication, psychotherapy, and physical therapy. Patients with PCS may exhibit a range of symptoms, including:

  • Anxiety/Depression
  • Agitation
  • Dizziness/Vertigo
  • Headaches
  • Memory problems
  • Difficulty concentrating
  • Sleep Disturbances
  • Apathy and sadness

Communication Disability

With symptoms ranging from mild to severe, TBI patients frequently have issues with communications and language. Some may experience minor symptoms such as failing to understand nonverbal cues like body language. Others may have trouble speaking in complete sentences and recalling specific words, pausing more, and using broken sentences.

More serious symptoms include the inability to understand or create written or spoken words, or speech interruptions such as slurring or speaking nonsensically. The problem is also frustrating for the patient because they can no longer communicate with others. They aren’t aware that what they are saying is gibberish and don’t understand why the other person can’t understand them.

Cognitive Disability

This can occur from one strong injury, or repetitive mild injuries (i.e., boxers, fighters, and football players.) The primary issue is memory loss, remembering new things, and having trouble with remembering past events.

Longer-term symptoms include brain fog, problem-solving, logical and abstract reasoning, making appropriate judgments, and things like organizing a schedule. These can make everyday activities like working impossible. Fortunately, recovery from a cognitive disability is the greatest in the first six months after the injury.

Sensory Problems

Because the brain is the control center of the senses, a TBI disrupts the sensory input. This can include:

  • Vision problems, including double vision, a limited range of vision, or a lack of visual acuity
  • Changes in smell, hearing, taste, and touch, such as:
    • Tinnitus
    • The ability to taste only bitter
    • The ability to only smell foul odors
    • Skin itching or tingling
  • Hand-eye coordination issues, leading to dropping or bumping into objects, or an unsteady gait
  • Heightened or loss of sensation of different body parts
  • Neglect of the left or right side
  • Not understanding the location of limbs are in relation to the body

Although the patient sees, he or she cannot process the input from the eyes. They may not recognize people or objects. These difficulties can make everyday activities like driving a car impossible.

Psychiatric And Emotional Difficulties

Many TBI patients exhibit behavioral and emotional problems. Changes from a TBI can also lead to depression, anxiety, and other changes in moods. Depending on the severity of the TBI, patients can also exhibit:

  • Anxiety
  • Depression
  • Agitation
  • Sadness
  • Apathy
  • Irritability
  • Mood Swings
  • Confusion
  • Frustration
  • Sleep disturbances
  • Aggression
  • Violence/Combativeness
  • Compulsive behavior

While many patients can recover with medication and psychotherapy, some may not. They may eventually become child-like constantly, unable to function normally, leading to permanent disability.

Let Herren Law Help You With Your SSD or VA Disability Application

Whether you are applying for Social Security Disability or through the VA, Herren Law can tell you what you need and how to apply. If your claim is denied, we can also help you with an appeal.

We’ve helped over 4,000 Houstonians get their disability benefits. The Herren Law Firm in Houston, TX can assist with your application, appeals, and records gathering to prove your case, and win your claim. Contact us today at 713-682-8194 (or use our online contact form) to schedule your free consultation. There’s no obligation and no up-front fees, and we only collect a fee if we win your case.

 

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