Veterans Benefits FAQ

What are the requirements for filing a claim for Veterans Benefits?

Claims for Veterans Benefits are subject to the review and acceptance of the Secretary of the Department of Veterans Affairs.

A veteran must prove that he or she qualifies for the benefit or service for which they are applying. If the application for benefits is incomplete or more evidence is needed to make a decision, the Secretary must notify the applicant, who will then have one year to provide the requested information or evidence. If that is not received on time, the claim for benefits or services may be denied.

If medical information is required for approval of your claim, you may submit a report prepared by a private physician as evidence for your claim. This report can be accepted by the Secretary at their discretion if it is believed to be thorough enough. However, when reviewing a claim the Secretary has the right to have another physician review the evidence.

Can I receive both a pension and compensation as a result of an injury during service?

You cannot receive both a monthly pension payment and compensation payments for an injury sustained during military service. However, if a veteran applies for and is granted pension moneys, but cannot receive them because he is already being paid compensation, the Department will pay whichever benefit is greater to the veteran.

Are spouses and dependents entitled to compensation in cases of death during service?

Spouses and children of persons who were killed during service at anytime after December 31, 1956 are entitled to "dependency and indemnity compensation."

Am I eligible for a monthly pension if I have served in the military?

You are eligible for a monthly pension if you are a wartime veteran with limited income, and you are permanently and totally disabled or at least 65 years old.

A veteran is considered a wartime veteran if they served at least 90 days in the military, at least 1 day of which was during a war time. Additionally, if you were discharged from the military, the discharge must not have been dishonorable.

Another requirement, with exceptions, applies to those who entered active duty after September 7, 1980, who must have served for at least 24 months or the full period for which they were called or ordered to active duty.

What should I do if my claim for Veterans benefits has been denied?

You should file an appeal with the Board of Veterans Appeals. This board will review your denied claim for benefits or services and issue a decision that can either affirm or reverse the decision of the office to which you made your claim.

As a result of injury during military service, I cannot get a job. What are my options?

In addition to a monthly compensation stipend for your disability, assuming your disability is determined to be at least 10% disabling, the Department provides vocational rehabilitation and employment for disabled veterans. These services include job search assistance and various training programs, all at no cost to veterans who are eligible.

Generally, a veteran will have 12 years from the time they are notified that they have at least a 10% disability to receive vocational services.

I've filed an appeal on my Veterans Benefits claim will I need an attorney?

You may represent yourself, but Veterans Appeals will be represented by its attorneys. Your case may be better presented if you are represented and you should get advice from an attorney. However, the attorney needs special qualifications in order to be allowed to appear on your behalf. Silverman Law has those qualifications.

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• What do I need to show to obtain Workers Compensation benefits?

  
  In order to obtain compensation benefits you need to document that you were an employee, that an accident occurred during the course of your employment (or you developed an "occupational disease" during the course of your employment), that you gave notice to your employer within 30 days of the accident and that you filed your claim for benefits within two years of the date of the accident. There are some exceptions to these requirements which should be discussed with your attorney in detail.

• If the administrative law judge directs the carrier to pay my medical bills and to pay me compensation benefits, and the carriers still objects, what happens?

  
  If a carrier believes that there are grounds for an appeal they may file such an appeal within 30 days to the Workers Compensation board. Pending the resolution of that appeal in most instances the carrier is not required to pay medical bills or make biweekly payments to the Claimant as directed by the administrative law judge.

• Am I required by law to have an attorney?

  
  No. But bear in mind that the insurance carrier is mandated by law to have an attorney or a licensed representative appear at every hearing. These attorneys and licensed representatives often have years of experience, have handled thousands of hearings and are well versed in representing the carrier's point of view. While there is no similar statute requiring the Claimant to be represented, we would highly recommend that they retain counsel. Silverman Law has decades of experience in representing Claimants.

• The carrier argues that my condition was pre-existing. I don't think that it was but even so I never had these symptoms. What should I do?

  
  This question of a pre-existing asymptomatic (unnoticed) condition which is made symptomatic by a work-related accident has been decided by both the Appellate Division of the Supreme Court of New York State and the New York State Court of Appeals.

• Can I collect both Workers Compensation and the Social Security Disability benefits at the same time?

  
  Yes. If you qualify you may indeed collect both Workers Compensation and Social Security Disability benefits. While Workers Compensation is not reduced because of Social Security Disability payments, your Social Security Disability payments may indeed be reduced because of your Workers Compensation benefits.

Silverman, Silverman & Seligman, P.C.
527 State St.
Schenectady NY 12305
Phone: 518-631-4521
Toll Free: 877-851-4319
Fax: 518-374-4338