Tips From Houston Veteran's Disability Lawyer On Factors Impacting Benefits

By Danilo Sapinski


There are several factors that may affect your veteran's disability benefits. As a former service member who served in the armed forces, you are entitled to certain benefits that come with the risks you took, whether on the field of battle or in peacetime. If you were disabled during the time of your service, you may need to consult with a Houston Veterans Disability Attorney to discuss what those factors are that could affect the benefits that you have earned.

An individual who has served in the armed forces who suffers a disability as a result of that service is entitled to receive benefits based on a disability rating factor issued by the Veteran's Administration. The rating goes up to 100 percent, which is the highest benefit rating, resulting in the highest potential payout. There is no means testing for the benefit, which means that if qualified, other income does not affect the benefit.

Factors that affect an individual's eligibility for Veteran's disability benefits include bad character, drug abuse, alcohol abuse, or dishonorable discharge from service. These factors may be used to deny an otherwise qualified veteran for his or her benefits. However, some factors exist, which can mitigate it from complete exemption from these benefits. Working with a Houston Veterans Disability Attorney is a veteran's best recourse to identify these factors to make him or her eligible for these benefits.

Dishonorably Discharged from Military Service

An individual who was dishonorably discharged from military service may lose his or her claim for disability benefits. However, the Veteran's Administration may consider factors to mitigate the circumstances, allowing the said individual to qualify for disability benefits despite the dishonorable discharge. For instance, wounds received or injuries sustained during military service may qualify as mitigating circumstances to qualify an individual for disability benefits. A Houston Veterans Disability Attorney can help sort this matter.

Willful Misconduct

The Veteran's Administration may deem you ineligible to receive disability benefits if, upon reviewing your service record during your years of military service it was deemed that you committed acts of willful misconduct. This can include such things as lying under oath, failing to properly follow or execute an order from a superior officer, committing acts of fraud or perjury or engaging any other acts that dishonor or disgrace the uniform. A Houston Veterans Disability Attorney can look at this type of determination made by the Veteran's Administration and look for how you may still qualify for benefits or if any of the claims made in your service record are relevant to your current claim for benefits due to a disability suffered as a result of military service.

Drug and Alcohol Abuse

A former military serviceman may lose his or her claim for disability and other veteran's benefits if he or she is shown to have some drug or alcohol abuse problem. Though this circumstance is a disqualifier for benefits, getting professional help to overcome substance abuse may be deemed as a mitigating factor to qualify an otherwise disqualified individual. A Houston Veterans Disability Attorney can advise these individuals to change their benefits status from disqualified to eligible.

The aforementioned factors are just some of the many grounds that could disqualify military servicemen from receiving their claims for disability benefits. It is highly advisable that they speak with a Houston Veterans Disability Attorney to restore these benefits.




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