Veterans Compensation

The VA accredited attorneys at ElderLawLexington work with veterans to get the veterans compensation that they deserve.ElderLawLexington - McClelland & Associates, PLLC, works with veterans to get them the veterans’ compensation that they deserve. There are two basic types of benefits available, VA disability benefits and health benefits. VA service connected disability compensation benefits are monthly payments to veterans who are entitled to compensation when they can show that disabilities are related to injury or event during their active service. Disability compensation is based on the degree of the current disability. A veteran does not have to be completely disabled to receive compensation benefits. The amount of compensation will vary depending on the severity of the disability and the number of dependents (spouse, children and parents) of the disabled veteran. The severity of the condition is determined by an assigned disability rating. The rating will be anywhere from 0% to 100% disabled and the percentage will impact the amount of monthly compensation the veteran will receive. If a veteran has more than one disability, each one will be given a rating.

ElderLawLexington helps our clients gain these benefits to meet a wide variety of costs and expenses, including:

  • Veterans Aid and Attendance
  • Veterans estate planning
  • Nursing home Medicaid benefit planning
  • Long-term care
  • Home care
  • Senior retirement living
  • Assisted living

In addition to more commonly known physical injuries and mental disabilities, there are other types of veterans’ disability claims:

  • Diseases developed within a year of discharge
  • Hazardous material exposure
  • Gulf war syndrome | symptoms that occurred prior to December 31, 2016
  • Compensation for former POWs

Different types of veterans’ compensation:

  • Disability Compensation | a tax-free monetary benefit paid to veterans with disabilities that are the result of a disease or injury incurred or aggravated during active military service. Compensation may also be paid for post-service disabilities that are considered related or secondary to disabilities that occurred while in service.
  • Dependency and Indemnity Compensation (DIC) | a tax-free monetary benefit generally payable to a surviving widowed spouse, child or parent of service members who died while on active duty or survivors of veterans who died from their service-connected disabilities.
  • Special Monthly Compensation (SMC) | an additional tax-free benefit that can be paid to veterans, their spouses and parents. This is a higher rate of compensation paid due to special circumstances such as the need of aid and attendance by another person or a specific disability, such as the loss of the use of a hand or leg.
  • Other Benefits | VA provides additional housing and insurance benefits to veterans with disabilities.

ElderLawLexington provides our clients with experienced legal judgment regarding Veterans Aid and Attendance benefits. The Aid and Attendance benefit is officially called an "Improved Disability Pension Benefit with Aid and Attendance Entitlement.” Widowed surviving spouses who have not remarried are eligible for this same benefit. Aid and Attendance pension benefit is a cash benefit that is paid out monthly for the rest of the veteran’s or surviving spouse’s life. Veterans qualifying for VA Aid and Attendance benefits must have been on active duty service for at least 90 consecutive days with at least one day during defined eligible wartime periods.

ElderLawLexington | McClelland & Associates, PLLC, is devoted to helping veterans who have been disabled obtain the compensation that they are entitled to receive. To schedule an appointment to discuss veterans compensation, contact Elder Law Lexington at www.ElderLawLexington.com or call (859) 543-0061.