Veterans Legal Lowdown: VA Benefits Explained

Is VA disability compensation exempt from bankruptcy? In 2019, the HAVEN Act was signed into law, making VA benefits protected income during bankruptcy proceedings. Prior to the HAVEN Act – from 2005 to 2019 – the federal Bankruptcy Code commonly required veterans to give up their VA disability benefits to creditors to obtain bankruptcy relief. Tune in to this episode to learn more about bankruptcy and VA disability compensation.

In this video, we will breakdown the monthly rate VA DIC recipients will receive in 2024! DIC, or dependency and indemnity compensation, is a monthly benefit paid by VA to surviving dependents of a veteran whose death was related to their military service or a service-connected condition. DIC has exclusive rates and is separate from veterans’ disability benefits. Tune in to this episode to learn more about the 2024 DIC rates!

The Department of Veterans Affairs (VA) awards special monthly compensation (SMC) to veterans with service-connected conditions so debilitating they warrant a rating higher than 100 percent. In this episode, we will break down the SMC rates for fiscal year 2024 and other key information veterans need to know about their special monthly compensation for 2024. Tune in to learn more!

In this episode, we discuss the PFAS lawsuit and your entitlement to VA benefits. PFAS chemicals were used widely in various industries and have contaminated water, food, and air across the U.S. If you believe you have been exposed to PFAS and have been diagnosed with certain cancers after the year 2000, then you may qualify for compensation. What's key here, is that there will be no offset between your VA benefits and any settlement or award made under the PFAS water contamination lawsuit—meaning you can collect both forms of compensation at once, and they will not impact each other. Tune in to this informative episode to learn more!

In this episode, we discuss the Board of Veterans’ Appeals decision goal for fiscal year 2023 and explain how this compares to previous years, including a breakdown of the additional funding the department has received in its budget. We review the Board’s productivity and the status of VA’s backlog, give budget insights, estimate cost per case, and provide you with an efficiency analysis. Tune in to this informative episode to learn more!

Follow us on social media:

Follow us on social media:

Follow us on social media:

Follow us on social media:

Follow us on social media:

Follow us on social media:

Follow us on social media:

Learn what it means when your VA claim status reads as "Preparing for Decision" throughout the process of getting a decision on your VA claim. Is this stage a good sign for your VA claim? How long should veterans expect to wait from this stage? Plus, learn how to track your VA claim status.

Follow us on social media:

How should you prepare for a C&P exam? How much weight do C&P exams hold? What are tips for attending C&P exams? Can I bring someone with me? Join the CCK Team in this episode of CCK LIVE as we discuss common questions we hear about VA compensation and pension exams and provide valuable tips to know before attending.

For some veterans, a 100% VA disability rating does not adequately capture the severity of their condition(s). In these cases, a veteran may receive Special Monthly Compensation, or SMC. SMC is awarded to veterans with service-connected conditions so debilitating they require a rating higher than 100%. There are different levels of Special Monthly Compensation depending on the nature of the disability, and the amount of compensation varies for each level. SMC(k) encompasses loss or loss of use of a body part or function. Tune in to learn more about VA SMC(k) and how to know if you qualify.

Veterans with a 100% VA disability rating are entitled to the highest amount of monthly compensation from VA. However, there are several other benefits veterans with a 100% rating can get, such as permanent and total (P&T) status, VA healthcare benefits, and state veterans benefits. Tune in to learn more about the 5 benefits you can get with a 100% VA rating.

VA's presumption of soundness states that every veteran shall be taken to have been in sound condition when examined, accepted, and enrolled for service. In other words, veterans are presumed healthy upon entry into service unless otherwise noted. Listen to this podcast to learn more about the presumption of soundness, as well as VA's presumption of aggravation, and how they work.

When a veteran seeks service connection for a condition or disability, VA assigns a disability rating based on severity. Ratings range from 0 to 100% and determine the amount of monthly compensation a veteran will receive. Veterans with a 70% VA disability rating are entitled to certain additional VA benefits, such as TDIU, GI Bill benefits, DIC, and others. Tune in to learn more!

While veterans cannot be directly service connected for drug or substance, they can be compensated for substance abuse as a symptom if the substance abuse is attributed to a service-connected disability, such as a psychiatric condition. Additionally, VA offers several services to veterans struggling with substance and drug abuse, including rehab and medical treatment. Tune in to learn more about VA services for drug and alcohol abuse, getting compensation through secondary service connection, and more.

In recent years, the backlog of claims and appeals at both VA and BVA has increased significantly. Veterans often must wait years to receive their earned benefits and disability compensation. With the passage of the PACT Act in August 2022, hundreds of thousands of new claims have been filed. Tune in to hear about how many PACT Act claims are currently pending before VA, VA's efforts to manage this backlog, and what to expect during the claims and appeals process.

VA deems a disability “permanent” when it is reasonably certain, based on medical evidence, that the level of impairment will continue for the rest of the veteran’s life. When VA decides a veteran’s service-connected condition is permanent in nature, it no longer requires the veteran to attend re-examinations. Join the CCK team as we discuss permanent VA ratings, including how to request a permanent rating, TDIU and permanence, and more. Be sure to tune in for this informative episode!

Each year, VA proposes a budget that outlines where it would like funding to go and its priorities for the upcoming year. This is the largest budget proposal in U.S. history for veterans, their families, caregivers, and survivors. Join the CCK team as we discuss how VA plans to allocate this budget across the department, with special focus on veteran suicide prevention, VA health care expansion, caregiver support, veteran homelessness, and more.

VA Form 21-526EZ, Application for Disability Compensation and Related Compensation Benefits, is a formal application for VA disability benefits. Veterans are required to submit this form to start the VA claims process for service-connected compensation. Join the CCK team as we discuss how to fill out Form 21-526EZ, what information you will need, where to send the form, and more!

Many veterans who served in the Persian Gulf War developed unexplained illnesses and symptoms collectively referred to as Gulf War Illness or Gulf War Syndrome. VA has since created a Gulf War Presumption for these veterans. Join the CCK team as we review VA’s Gulf War Presumption, discuss important updates, and talk through changes made by the PACT Act. Tune in for this informative update!

Join the CCK team as we discuss a Vietnam veteran who sought our help in securing an earlier effective date for his service-connected coronary artery disease following a Board of Veterans’ Appeals denial. Tune in to learn more about the Board denial and how we argued the case. We will also review the CAVC appeal process and the outcome for the veteran. Don’t miss out on this exciting update!

Ultimately, a higher disability rating means a greater amount of monthly compensation. Veterans whose VA ratings are too low or whose conditions have worsened since their initial disability rating may seek an increased disability rating. Join the CCK team as we discuss how to increase your VA disability rating, tips for securing a higher rating, and more!

The 2022 PACT Act expands VA disability benefits and health care coverage for toxic-exposed veterans. Veterans who qualify for benefits under the PACT Act can file a claim in the same way they would for any other claim. However, many veterans still face denials on their PACT Act claims. Join the CCK team to learn how to appeal a denied PACT Act claim.

Are you wondering what happens to your VA benefits after death? On this episode of Veterans Legal Lowdown, the CCK team explains what happens to VA payments when a veteran passes away. We also review types of benefits available for surviving dependents of disabled veterans, such as DIC, pension, accrued benefits, DEA, and more. Tune in for more information!

While there are numerous conditions for which a veteran may be service connected, some disabilities are more common than others. Join the CCK team as we discuss the most common conditions among veterans in Fiscal Year 2022, according to VA’s Annual Benefits Report. We will also review VA’s disability ratings for these conditions. Tune in for more information!

Depression and post-traumatic stress disorder (PTSD) are two of the most common mental health conditions among veterans. VA rates both conditions using VA’s General Rating Formula for Mental Disorders. Join this CCK team as we discuss VA’s ratings for depression and PTSD. Tune in to learn more!

CCK argued at the Court of Appeals for Veterans Claims on behalf of a veteran client who was seeking entitlement to Total Disability based on Individual Unemployability, or TDIU. On this episode of Veterans Legal Lowdown, the CCK team reviews the veteran’s case and discusses how CCK helped him successfully appeal the decision after he received a Board denial. Tune in to hear the full story.

The National Defense Authorization Act, or NDAA, is a policy and spending bill for the Department of Defense that passes through Congress every year. This year's bill includes several provisions that will impact servicemembers and veterans, including military pay raises, housing benefits, childcare programs, military justice reforms, health care improvements, and more. Join the CCK team as we discuss these changes and what they mean for veterans in 2023!

VA offers several survivors benefits to dependent spouses, children, and parents of military veterans who have passed away.  VA survivor benefits include Dependency and Indemnity Compensation (DIC), accrued benefits, survivors’ pension, and more.  Tune in to this week’s episode of the Veterans Legal Lowdown to learn about mistakes claimants make when filing VA survivors benefits claims and how to avoid them. 

Filing secondary claims can help veterans reach a higher level of VA compensation.  As with any VA claim, some conditions tend to receive higher ratings than others.  On this episode of Veterans Legal Lowdown, CCK is reviewing the most commonly filed high value secondary claims.  Don’t miss out on this informative episode!