Lake County VA Benefits Attorney

Update:

This post describes the VA disability appeals process for decisions issued prior to February 19, 2019. Decisions received after that date are subject to the new VA appeals process.

Lake County VA Benefits Attorney

If you or a loved one has questions about applying for VA benefits or filing a Form 9, you should consider contacting an experienced Lake County VA benefits attorney who can explain your legal options.

Federal Benefits

The federal government provides disability benefits to veterans who served as active members of the military and suffered an injury or disability during or as a result of that service. Besides being able to collect benefits for disabilities that can be directly linked to an injury suffered during service, veterans are also eligible for benefits based on:

• Secondary injuries;
• Disabilities that did not manifest until after their release; and
• Illnesses or injuries that existed prior to service, but were aggravated during active service.

These types of benefits take the form of monthly checks, although the amount depends in large part on the type of disability in question, as well as its severity. Disability benefits are intended to cover the costs related to treating a disability and rehabilitation, as well as compensation for job training and lost wages.

State Programs

Federally funded disability benefits play an important role in helping veterans pay for rehabilitation, treatment, and job training. However, federal benefits are only available to veterans who served in an active duty capacity, which leaves many former servicemen and women without access to benefits. Fortunately, many state legislatures have stepped in to fill this gap in coverage. For example, the Illinois Legislature also allows veterans who were injured while on active duty for training, or inactive duty for training, as well as veterans who suffered a disability after receiving medical attention from the VA to collect disability benefits. However, veterans can only begin collecting benefits if they can demonstrate that:

• They suffer from a service-related disability; and
• They were discharged under conditions other than dishonorable.

Both Illinois and Indiana also provide aid and attendance benefits to veterans who are eligible for VA pensions and who are housebound or require the aid of another person to perform daily tasks. Those who qualify for the aid and attendance benefit can collect a monthly payment in addition to their pension, but only if they can prove that:

• They require the aid of another person to perform personal functions;
• They are bedridden;
• They are a patient in a nursing home due to a physical or mental incapacity; or
• Their eyesight is limited to a corrected 5/200 visual acuity or less in both eyes.

Similarly, veterans who are substantially confined to their immediate premises because of a permanent disability could receive a monthly housebound benefit payment.

Call Today to Speak with an Experienced Lake County VA Benefits Attorney

As a VA accredited attorney, James R. Comerford is well-versed in the issues facing veterans who are seeking benefits in Illinois and Indiana. For a free evaluation of your claim, please contact The Comerford Law Office, LLC today.