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How is VA Incapacity Compensation Arrived at

Incapacity compensation is a non-tax advantage received by a veteran on being incapacitated due to an injury or sickness or worse, that had been incurred in the line of duty or inactive or active training duty. It is also awarded to some veterans who are disallowed VA medical care. The disability compensation differs on the degree of incapacity, on the number depending on the veteran and his monthly emoluments. Veterans who have been severely incapacitated would be eligible to receive supplementary special rewards monthly. These rewards too are void of state and federal income taxes. The basic monthly compensation a veteran may receive would amount to anything between $123 and $2,673.  This too depends on the severity of the disability. The chart given below illustrated different rates allowed to veterans.

Rates of  VA Disability Compensation for Veterans – 2011
Veterans Incapacity Rating Monthly Payment to Veteran
10% $123
20% $243
30%* $376
40%* $541
50%* $770
60%* $974
70%* $1,228
80%* $1,427
90%* $1,604
100%* $2,673

*Veterans having a minimum incapacity rate of 30% are entitled to extra allowances

Veterans with disability ratings of at least 30 percent are eligible for additional allowances in lieu of their dependents. In this case the dependents being spouses, under-aged children, children in the age groups of 18 and 23 and who are currently schooling, children totally incapable of supporting themselves due to incapacitation prior to the age of 18 and parents who are dependent on the veteran. The excess sum is worked out based on the ratings allowed for the disability and on the number depending on the veteran.

Payments made to the military such as retirement remuneration, incapacity severance payments and separation allowance payments which are known as Voluntary Separation Incentives (VSI) and Special Separation Benefits (SSB) has an effect on the amount payable as VA incapacity compensation that is allowed to incapacitated veterans. There are three modes of payments offered to eligible veterans who are entitled to receive payment rewards. Most of the time, payments to veterans are sent direct to their loan or savings bank accounts or union credit accounts. In the event of a veteran not having an account, they are permitted to open Electronic Federal insured, Transfer Accounts that costs approximately $3 to maintain, forwards monthly statements of accounts and permits withdrawals. On the interim others may request their payments to be made by check.

A veteran could be paid an extra sum of money, in cases such as:

  • If you are severely disabled or have lost a limb(s)
  • You are married with spouse and child/(ren), or parent/(s) depends on you
  • Your spouse is severely disabled

You may send your duly filled application form – VA Form 21-526. Veterans Submission form for Pension and/or Compensation is obtainable at www.vba.va.gov/pubs/forms/vba-21-526-are.pdf or could be filled online by visiting VA website www.vba.va.gov/bln/21.

“Presumptive” incapacity benefits

Further, if you are incapable of producing proof of incapacity during active military duty, if the incapacity was due to a secondary effect during the tenure of your services, you may yet be entitled for compensation. It is presumed by the VA that distinct incapacities identified in some veterans had happened during their service in the military. In the event a condition is identified in any one of the Group indicated below, VA would assume the conditions of the veteran’s service under which the incapacity benefit could be given.

Those servicemen/women detected with prolonged diseases (for example, Diabetes, Arthritis or hypertension) are requested forward their applications for disability benefits.

If a veteran was in continuous active duty for 90 days or further, and he was identified of having Lou Gehrig’s disease/Amyotrophic Lateral Scleroses (ALS) after being released of active duty, it would be ample evidence to establish it as having a military-based connection for the ailment.

The chart included below would give a fair idea of the many sicknesses or disabilities and the probable causes that would be permitted by the VA under presumptive compensation.

Ex-Prisoners of War Veterans of Vietnam (exposed to Agent Orange) Atomic Veterans (exposed to Ionizing Radiation)
Imprisoned for as long as it could be with at least a 10% disability Being in Service in the Republic of Vietnam from Jan 9, 1962 to May 7,1996 Participation of Atmospheric nuclear testing
·         Psychosis ·         Acute subacute peripheral neuropathy
·         Any type of Anxiety ·         Al amyloidosis
·         Dysthymic Disorder ·         B-Cell Leukamias
·         Organic remains of Frostbite ·         Chloracne or any other acne-formed disease similar to chloracne
·         Post-traumatic osteoarthritis ·         Chronic Lymphocytic leukemia
·         Heart diseases, Hypersensitive vascular disease and its complications

 

·         Diabetes type 2
·         Stroke and its residuals ·         Hodgkin’s disease
2, Imprisoned for a minimum of  30 days and with a disability rate of 10%

·         A vitaminosis

·         Beriberi

·         Chronic dysentery

 

·         Ischemic heart disease
·         Helminthiasis ·         Multiple myeloma
·         Malnutrition (including optic atrophy) ·         Non-Hodgkin’s lymphoma
·         Pellagra ·         Parkinson’s disease
·         Other nutritional deficiencies, if any ·         Porphyria cutanea tarda*
·         Irritable bowel syndrome ·         Prostate cancer
·         Peptic Ulcer disease ·         Respiratory cancers (lung, bronchus, larynx, trachea)
·         Peripheral neuropathy ·         Soft tissue sarcoma (other than osteosarcoma, Kaposi’s sarcoma or mesothelioma
·         Cirrhosis of the liver

 

·         Should achieve a 10% or higher rate within a year subsequent to the final day on which the military official would have been exposed to herbicide agent, when in naval, military or air service active duty

Benefit Schemes

A veteran will be offered extra compensation based on the Seriousness of the incapacity, the positions held/ranks during the tenure of service, if incapacity was combat based, and based on the veteran’s earnings, he/she would be for extra compensation from VA. This unit will show these extra schemes and assist you to determine if you would be qualified for extra aid

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