Veteran Disability, Retirement and
I. VETERAN DISABILITY BENEFITS/COMPENSATION:
We offer the services of a Veterans Administration Accredited attorney to
help you get Veteran Disability Benefits at no cost to you.
If you are military veteran with a service-related disability or injury, you may be
eligible for Veteran Disability Benefits if you have a service-related disability and
you were discharged under other than dishonorable conditions.
These benefits are paid to veterans who have injuries or diseases that happened
while on active duty, or were made worse by active military service. It is also paid to
certain veterans disabled from VA health care. These benefits are tax-free.
Disability Compensation (commonly referred to as Veteran Disability Benefits) is
tax free financial compensation paid to Veterans with disabilities that resulted from
disease or injury that happened while on active duty, or were made worse by active
military service. Compensation may also be paid for post-service disabilities that are
considered related or secondary to disabilities occurring in service and for disabilities
presumed to be related to circumstances of military service, even though they may
arise after service. Generally, the degrees of disability specified are also designed to
compensate for considerable loss of working time from exacerbations or illnesses.
Veterans can receive both Social Security Disability and Veteran Disability benefits.
To be eligible for this type of Veteran Disability Compensation,
1) Your disability or injury must be service-connected.
2) You must also have separated or been discharged from service under
other than dishonorable conditions.
3) Your disability must be the result of an injury or disease that was
caused or made worse while on active duty or active duty for training;
or from injury, heart attack, or stroke that occurred during inactive
A disability can be physical such as chronic back pain or mental such as PTSD (post-
traumatic stress disorder).
The benefit amount is determined by the degree of the Veteran's disability on a scale
from 10 percent to 100 percent (in increments of 10 percent). The amount of basic
benefit paid ranges from $133 to over $3,300 per month, depending on the level of
disability and number of dependents.
You can apply for benefits:
• Online using eBenefits, OR
• Work with an accredited representative or agent, OR
• Go to a VA regional office
For either process, you must provide:
• Discharge or separation papers (DD214 or equivalent)
• Medical evidence (doctor and hospital reports)
• Dependency records (marriage and children's birth certificates)
Types of Benefits Available:
1) Disability Compensation is a tax free monetary benefit paid to Veterans with
disabilities resulting from a disease or injury caused or aggravated during active
2) Dependency and Indemnity Compensation (DIC) is a tax free monetary benefit
generally payable to a surviving spouse, child, or parent of Servicemembers who died
while on active duty, active duty for training, or inactive duty training or survivors of
Veterans who died from their service-connected disabilities. DIC for parents is based
3) Special Monthly Compensation (SMC) is an additional tax-free benefit that can be
paid to Veterans, their spouses, surviving spouses and parents.
II. VETERAN RETIREMENT and PENSION BENEFITS:
A military retirement is a benefit provided to military service members that start
from the day you retire, no matter how old you are. Twenty years on active duty — or
equivalent time spent in what is known as "qualifying service" as a reservist — is the
basic eligibility requirement for military retirement. Service members who reach 20
years of active or qualifying reserve service can receive retired pay that increases
each year through a cost-of-living adjustment.
The Uniformed Services Former Spouse Protection Act (USFSPA) permits state
courts to apply the family law principles of their particular state when deciding how
to divide military pensions in divorce. In South Carolina, family courts will typically
give the spouse of a military veteran half of military retirement benefits earned
during the time that the spouses were married and the veteran served in the
military. For example, if the veteran served for 20 years and was married to the
spouse for 8 years of service, the spouse is entitled to 50% of the benefits
accumulated for the 8 year period that the spouses were married and the veteran
served in the military.
VA offers two general Pension benefit programs:
1) Veterans Pension: Tax-free monetary benefit payable to low-income wartime
2) Survivors Pension: Tax-free monetary benefit payable to a low-income, un-
remarried surviving spouse and/or unmarried child(ren) of a deceased Veteran with
Pension benefits are needs-based and your "countable" family income must fall
below the yearly limit set by law. Veterans must have at least 90 days of active duty,
including one day during a wartime period. If the active duty occurred after
September 7, 1980, you must have served at least 24 months or the full period that
you were called up (with some exceptions).
You must also be:
• Age 65 or older with limited or no income, OR
• Totally and permanently disabled, OR
• A patient in a nursing home receiving skilled nursing care, OR
• Receiving Social Security Disability Insurance, OR
• Receiving Supplemental Security Income
The Veteran must have met the service requirements above for surviving spouses
and children applying for the Survivors Pension.
Call today for a FREE consultation with a VA accredited representative. While
the process can take years for approval, we will work with you through the
entire process and will not stop fighting for your benefits.