Can I Be Working and Still Receive My Veterans Benefits?

 

As a Houston veteran’s benefits attorney, one question we often hear is, “Can I work and still receive my veteran’s benefits?” The short and easy answer is, “Yes.” But unfortunately, issues such as working and benefits in the eyes of the VA is rarely that simple. For example, to be able to receive benefits, you have to show the VA that your disabilities or injuries (obtained during active service) have an impact on your work and daily activities.

To determine whether you can work and still receive your benefits, it is important to look at the types of benefits you’re receiving, your disability rating, and several other factors. In the meantime, you can learn more about veteran’s benefits and work eligibility below.

Working Limits for Veterans Receiving Benefits

If you’re receiving benefits, then it means that the VA is providing for disability and injuries sustained during active service. In our last post, we mentioned the VA Schedule of Rating Disabilities, which the VA uses to calculate your benefits based on the severity of your disability. Disabilities are rated on a scale of 10% to 100% in increments of 10%. To receive benefits, therefore, you must have a minimum disability rating of 10%.

You can still work while you’re receiving benefits. However, if you’re receiving benefits on a 100% disability rating, you cannot work as the VA has determined your injuries or disability to be so severe that you’re effectively unemployable. Furthermore, even if you don’t have a 100% disability rating, going back to work could jeopardize your benefits (in some cases, the VA has reduced the claimant’s disability rating).

Working in the Military With Disability Benefits

Disabled veterans can still work and receive their disability benefits while continuing their military service. However, a soldier cannot receive disability benefits and military pay at the same time. If this is the case, the disability payments may be temporarily suspended during your term of military service.

Call Herren Law Today for Legal Help

Disability benefits can be a complex affair, and even after going through the long and difficult VA benefits application process, your military benefits may not be completely fixed. If you have an issue with your disability rating or benefits, make sure to call a Houston veteran’s benefits attorney as soon as possible. For a free consultation with the attorneys at Herren Law, call our Houston office today at (800) 529-7707.

How Long Does It Take to Receive Veterans Benefits?

We at Herren Law are passionate about making sure veterans get what they were promised. Texas and Houston veterans sacrificed so much while they were in military service, and it’s essential to hold the U.S. Department of Veterans Affairs accountable. Unfortunately, there are thousands of veterans in Texas who are disabled and unable to receive health care and other benefits from the VA.

Often, one question our veteran’s disability benefits attorneys come across is, “How long do I have to wait to receive my benefits?” We understand the importance of these benefits (and how slow the VA can be). For a free consultation regarding your benefits claim, call our Houston law firm today at (800) 529-7707. Below, we’ve included some more information about VA benefits and the claims process.

The VA Benefits Claims Process

When filing out a claim for disability compensation with the VA, there are eight general steps that you have to follow. At each of the eight steps, the process can either go quickly or it can take a long time. This variation in time depends on the complexity of the disability, the amount of evidence required to support your claims, and the type of evidence you have.

The eight steps in the claim process include:

  1. The VA has received your claim
  2. A Veterans Service Representative is reviewing your claim
  3. A Veterans Service Representative is gathering evidence from various sources
  4. The VA is reviewing the evidence
  5. The Veterans Service Representative has recommended a decision
  6. The decision is pending approval
  7. The claim decision packet is prepared for mailing.
  8. The VA has sent a decision packet to you

Almost every stage of this process can present several setbacks that could elongate the entire process. For example, if the VA decides that you need more evidence (Step 4), then it will send the claim back to Step 3.

You can check the status of your claim by registering for eBenefits at www.ebenefits.va.gov.

How to Speed Up the VA Claims Process

Many delays in the VA claims process are going to be completely out of your control. Nonetheless, you should still do everything you can to minimize setbacks. For example, when you’re applying for benefits, make sure to include all pieces of relevant evidence in its desired format. Also, you should always double-check medical records and evidence to ensure that they’re arriving where they need to. Follow up with your medical professionals as well as the VA to make sure that the process is moving along.

One way to speed up the process, however, is to utilize the VA’s Fully Developed Claims (FDC) program. This program offers faster decisions on compensation, pension, and survivor benefit claims.

Contact Herren Law for Expert Legal Representation

If you’ve been waiting for disability benefits, or you need help creating a strong application with the goal of minimizing the wait time as much as possible, contact veteran’s disability attorney William Herren at Herren Law. We serve the Greater Houston area with expert representation and legal aid with the goal of getting your benefits in a timely manner. Call today at (800) 529-7707.

How are Veteran’s Benefits Calculated?

The U.S. Department of Veterans Affairs is a vast and important federal service that helps provide care and benefits to veterans and their families. Therefore, when injured or wounded during active service, veterans can expect the VA to provide essential care and disability benefits. Unfortunately, the VA benefits process is quite complex, and it is fairly common for Houston residents to confront various issues at every stage, from proving a service-connected disability to knowing the amount of benefits you’ll receive.

For this reason, as well as others, you should consider the help of a Houston veteran’s benefits attorney when filing out the application forms or appealing a denial, if applicable. If you need your veterans benefits, call Herren Law today at (800) 529-7707 for a free consultation. In the meantime, you can learn more about how veteran’s benefits are calculated below.

Who is Eligible for Veteran’s Benefits in Texas?

Armed services members are eligible for veteran’s disability benefits if any of the following three conditions apply:

  • You were wounded during active service
  • You were injured during active service
  • You became ill during active service

Additionally, pre-existing conditions or illnesses that were aggravated during active service are covered. Aside from being wounded, the injuries and/or illness can arise during active service or afterwards, as long as the contributing factors to the injury or illness occurred while you were in military service.

Understanding Disability Ratings

The amount of compensation you may be entitled to is generally related to the severity of the disability that you have. In fact, some of the most important details in your disability application include your medical records. Furthermore, you usually have to take a VA medical examination as well. Based on the evidence you include in your claim, the VA then rates your disability from 0% to 100% in 10% increments (e.g. 10%, 20%, 30% etc).

To understand this rating, it can be helpful to look at how your disability affects your work and daily activities. For example, imagine that you twisted your knee while in service and had surgery. You still have some pain and stiffness later on, and so the VA rates your disability at 10%. On the other hand, imagine that you lost both legs. As this would greatly affect your work and daily activities, your disability rating would be much higher.

VA Schedule of Rating Disabilities

The VA Schedule of Rating Disabilities is an important source that organizes covered disabilities into various categories based on the part of the body that’s impacted. Each level of severity in this Schedule also lists the symptoms you must suffer to be eligible for benefits.

For example, under 4.87 — Diseases of the Ear, if you experienced a loss of auricle (outer ear), there are three disability ratings and associated symptoms:

  • Complete loss of both ears — 50%
  • Complete loss of one ear — 30%
  • Deformity of one ear, with loss of one-third or more of the substance — 10%

Contact Herren Law Today to Determine Your Veteran’s Benefits

The amount of benefits you may receive for your disability depends on the rating that the VA provides. Furthermore, the VA calculates your benefits based on if you have a spouse, child(ren), or dependent parent(s), or if you have a seriously disabled spouse. To better understand your benefits, and for legal aid getting started, call our Houston veteran’s benefits law firm today by dialing (800) 529-7707.

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