UN-EMPLOYMENT COMPESATION FOR AMERICAN CITIZEN

                            Unemployment benefits

Unemployment benefits (depending on the jurisdiction also called unemployment insurance or unemployment compensation) are social welfare payments made by the state or other authorized bodies to unemployed people. Benefits may be based on a compulsory para-governmental insurance system. Depending on the jurisdiction and the status of the person, those sums may be small, covering only basic needs, or may compensate the lost time proportionally to the previous earned salary.

Unemployment benefits are generally given only to those registering as unemployed, and often on conditions ensuring that they seek work and do not currently have a job.


In the United States unemployment benefits generally pay eligible workers between 40-50% of their previous pay.Benefits are generally paid by state governments, funded in large part by state and federal payroll taxes levied against employers, to workers who have become unemployed through no fault of their own. This compensation is classified as a type of social welfare benefit. According to the Internal Revenue Code, these types of benefits are to be included in a taxpayer's gross income.

The standard time-length of unemployment compensation is six months, although extensions are possible during economic downturns. Once this six-month time period elapses and payment ceases, an individual who remains unemployed is left with little means of a social safety net other than through help from charities, family or friends. This contrasts with the situation of the unemployed in many of the European countries (such as France, Germany, Ireland and the United Kingdom), where, once an unemployed individual is no longer eligible (or was never eligible to begin with) for contribution-based unemployment benefit, the individual then becomes eligible for a standard non-contribution unemployment benefit, which lasts either until the worker becomes employed or enters retirement.

The Supreme Court held that federal unemployment law is constitutional and does not violate the Tenth Amendment in Steward Machine Company v. Davis, 301 U.S. 548 (1937).


In the United States, there are 50 state unemployment insurance programs plus one each in the District of Columbia, Puerto Rico and United States Virgin Islands.

Unemployment insurance is a federal-state program financed through federal and state payroll taxes (federal and state UI taxes).In most states employers pay state and federal unemployment taxes if:

(1) they pay wages to employees totaling $1,500 or more in any quarter of a calendar year; or,
(2) they had at least one employee during any day of a week during 20 weeks in a calendar year, regardless of whether the weeks were consecutive. Some state laws differ from the federal law.


Eligibility and amount

In order to receive benefits, a person must have worked for at least one quarter in the previous year and have been laid-off by an employer. Workers who were temporary or were paid under the table are not eligible for unemployment insurance. If a worker quits or is fired they are not eligible for UI benefits. There are five common reasons a claim for unemployment benefits are denied: the worker is unavailable for work, the worker quit his or her job, the worker was fired, refusing suitable work, and unemployment resulting from a labor dispute. In practice, it is only practical to verify whether the worker quit or was fired.

Generally, the worker must be unemployed through no fault of his/her own although workers often file for benefits they are not entitled to; when the employer demonstrates that the unemployed person quit or was fired for cause the worker is required to pay back the benefits they received. The unemployed person must also meet state requirements for wages earned or time worked during an established period of time (referred to as a “base period”) to be eligible for benefits. In most states, the base period is usually the first four out of the last five completed calendar quarters prior to the time that the claim is filed. Unemployment benefits are based on reported covered quarterly earnings. The amount of earnings and the number of quarters worked are used to determine the length and value of the unemployment benefit. The average weekly in 2010 payment was $293.

As a result of the American Recovery and Reinvestment Act passed in February 2009, many unemployed people receive up to 99 weeks of unemployment benefits; this may depend on State legislation. Before the passage of the American Recovery and Reinvestment Act, the maximum number of weeks allowed was 26.


Application process

It generally takes two weeks for benefit payments to begin, the first being a "waiting week", which is not reimbursed, and the second being the time lag between eligibility for the program and the first benefit actually being paid.

To begin a claim, the unemployed worker must apply for benefits through a state unemployment agency.In certain instances, the employer initiates the process. Generally, the certification includes the affected person affirming that they are "able and available for work", the amount of any part-time earnings they may have had, and whether they are actively seeking work. These certifications are usually accomplished either over the Internet or via an interactive voice response telephone call, but in a few states may be by mail. After receiving an application, the state will notify the individual if they qualify and the rate they will receive every week. The state will also review the reason for separation from employment. Many states require the individual to periodically certify that the conditions of the benefits are still met.

Disqualification

If a worker's reason for separation from their last job is due to some reason other than a "lack of work," a determination will be made about whether they are eligible for benefits. Generally, all determinations of eligibility for benefits are made by the appropriate State under its law or applicable federal laws. If a worker is disqualified or denied benefits, they have the right to file an appeal within an established time-frame. The State will advise a worker of his or her appeal rights. An employer may also appeal a determination if they do not agree with the State's determination regarding the employee's eligibility.


California Unemployment Benefits Disqualification

In California, a worker's separation from his/her most recent employer will impact the worker's potential eligibility for unemployment benefits.Retrieved April 25, 2015. If the worker was discharged or terminated by their employer, the worker can be denied unemployment if the facts surrounding the separation are sufficient to constitute misconduct with the work under California Unemployment Insurance Code Section 1256. On the other hand, if the worker voluntarily quit or resigned from their position, the worker's claim for unemployment benefits may be denied unless the worker can show good cause for his/her resignation.

Current data

Each Thursday, the Department of Labor issues the Unemployment Insurance Weekly Claims Report.Its headline number is the seasonally adjusted estimate for the initial claims for unemployment for the previous week in the United States. This statistic, because it is published weekly, is depended on as a current indicator of the labor market and the economy generally.

SPECIAL CIRCUSTANCES COMPENSATION FOR AMERICAN VETERANS

Special Claims

Compensation is not always based on an in-service event. Additionally, other benefits may be available after disability compensation has been awarded. An overview of these VA benefits is provided below,


              Title 38 U.S.C. 1151 Claims

Title 38 U.S.C. Section 1151 allows VA to pay compensation for death or disability "as if service-connected." Don't be confused with this subtle difference. The disability is not considered service-connected. Under Section 1151, benefits may be paid for:
Injuries incurred or aggravated while receiving VA-sponsored medical treatment.
Injuries incurred or aggravated while pursuing a course of vocational rehabilitation under 38 U.S.C. Chapter 31 or participating in compensated work therapy under 38 U.S.C. 1718.
If eligibility is established under Section 1151, the disability is considered service-connected for payment purposes ONLY.

Eligibility Requirements

You must be a Veteran
You must have a disabling condition that is the result of or has been aggravated due to VA sponsored medical treatment or training

Evidence Requirements

As a result of VA hospitalization, medical or surgical treatment, examination, or training, the evidence must show you have:
An additional disability or disabilities, OR
An aggravation of an existing injury or disease, AND
The disability was:
The direct result of VA fault such as carelessness, negligence, lack of proper skill, or error in judgment, OR
Not a reasonably expected result or complication of the VA care or treatment OR
The direct result of participation in a VA Vocational Rehabilitation and Employment or compensated work therapy program.

Example

A Veteran was pursuing training under VA's Chapter 31 Vocational Rehabilitation and Employment program. He was receiving on-the-job training as a car mechanic. During training, a jack slipped from a car and crushed his left foot. Disability compensation may be paid for his foot injury because the injury occurred while the Veteran was pursuing training under a VA Vocational Rehabilitation and Employment program.

How to Apply

Apply online using VONAPP Direct Connect on eBenefits OR
Work with an accredited representative or agent OR
Go to a VA regional office and have a VA employee assist you.


                Automobile Allowance

Servicemembers and Veterans may be eligible for a one-time payment of not more than $20,114.34 toward the purchase of an automobile or other conveyance if you have certain service-connected disabilities. The grant is paid directly to the seller of the automobile and the Servicemember or Veteran may only receive the automobile grant once in his/her lifetime.
Certain Servicemembers and Veterans may also be eligible for adaptive equipment. Adaptive equipment includes, but is not limited to, power steering, power brakes, power windows, power seats, and special equipment necessary to assist the eligible person into and out of the vehicle.
VA may provide financial assistance in purchasing adaptive equipment more than once. This benefit is payable to either the seller or the Veteran or Servicemember.
Important: You must have prior VA approval before purchasing an automobile or adaptive equipment.

Eligibility Requirements (Automobile Grant)

You must be either a Servicemember who is still on active duty or a Veteran, AND
You must have one of the following disabilities that are either rated as service-connected or treated as if service-connected under 38 U.S.C 1151 or, for a Servicemember, the result of disease incurred or injury contracted in or aggravated by active duty:

Loss, or permanent loss of use, of one or both feet, OR
Loss, or permanent loss of use, of one or both hands, OR
Permanent impairment of vision in both eyes to a certain degree, OR
Severe burn injury, OR
Amyotrophic Lateral Sclerosis (ALS).
Eligibility Requirements (Adaptive Equipment)
You must be either a Servicemember who is still on active duty or a Veteran, AND
meet the disability requirements for the automobile grant (see above), OR
have ankylosis (immobility of the joint) of one or both knees or hips that VA recognizes as being service-connected or treats as if service-connected under 38 U.S.C. 1151.

Evidence Requirements

To support a claim for automobile allowance, the evidence must show that you are service-connected or are treated as if service-connected under 38 U.S.C 1151 or, for a Servicemember, the result of disease incurred or injury contracted in or aggravated by active duty, for a disability resulting in:

The loss, or permanent loss of use, of one or both feet, OR
The loss, or permanent loss of use, of one or both hands,OR
Permanent impairment of vision in both eyes, resulting in
Central Visual acuity of 20/200 or less in the better eye with glasses, OR
Central Visual acuity that is greater than 20/200, if there is a visual field defect in which your peripheral field has contracted to such an extent that the widest diameter of visual fields subtends an angular distance no greater than 20 degrees in the better eye, OR
Severe burn injury: Deep partial thickness or full thickness burns resulting in scar formation that cause contractures and limit motion of one or more extremities or the trunk and preclude the effective operation of an automobile, OR
Amyotrophic Lateral Sclerosis (ALS).
To support a claim for adaptive equipment, the evidence must show that you have a disability as shown above, OR you have ankylosis of at least one knee or one hip due to service-connected disability.


              Birth Defects

Children who have spina bifida or certain other birth defects and are biological children of Veterans with qualifying service in the Republic of South Vietnam or Republic of Korea may be eligible for various VA benefits, to include monthly monetary compensation, health care and vocational training depending on the child's degree of disability. The monetary compensation may be paid at one of three disability levels, based on the severity of the disability.

Eligibility Requirements (Spina Bifida)

A male or female Veteran's child may be eligible if:
The Veteran parent served in the Republic of South Vietnam during the period from January 9, 1962 through May 7, 1975, OR
The Veteran parent served in or near the Korean demilitarized zone (DMZ) during the period from September 1, 1967 through August 31, 1971 and was exposed to herbicides (service between April 1, 1968 and August 31, 1971 in or near the DMZ presumes exposure to herbicides.), AND
The child was conceived after the date on which the Veteran parent served in either the Republic of South Vietnam or the Republic of Korea, AND
The child has been diagnosed with a form of Spina Bifida other than Spina Bifida Occulta.
NOTE: VA has no requirements regarding the character of the parent's discharge or the length of his or her service.

Eligibility Requirements (Birth Defects)

A female Veteran's child may be eligible if:
The female Veteran served in the Republic of South Vietnam during the period from February 28, 1961 through May 7, 1975, AND
The child was conceived after the date on which the mother served in either the Republic of South Vietnam, AND
The child has a covered birth defect that resulted in a permanent physical or mental disability.

Evidence requirements

Service records prove that the biological Veteran parent has qualifying Vietnam or specific Korean service dates and duty assignments, AND
Evidence shows a biological relationship between the child and the Veteran parent with qualifying Vietnam or specific Korean service, AND
A birth certificate determines date of conception, AND
Medical evidence reflects a diagnosis of spina bifida or a covered birth defect.


             Clothing Allowance

Veterans who have unique clothing needs as a result of a service-related disability or injury may receive a supplement to their disability compensation. The clothing allowance reimburses you if your clothing gets permanently damaged by a prosthetic or orthopedic appliance you wear, or by a prescribed medication you use on your skin. If eligible, you can receive a one-time or yearly allowance for reimbursement.

Eligibility

You may receive a clothing allowance as a Veteran who uses either of the following:
Prosthetic or orthopedic appliance, such as a wheelchair or crutches, because of a service-connected disability (Note: soft and flexible devices, such as an elastic stocking, are not included)
Medication prescribed by a physician for a service-connected skin condition that causes permanent stains or otherwise damages outer garments
Additional clothing allowances may be provided if more than one prosthetic or orthopedic appliance, or medication described above, is used and/or affects more than one type of clothing garment.

Benefit

Payments are based on the rate table set by law. You can view the current rate table to determine the benefit amount.
To receive annual payment, you must establish eligibility by August 1 of the year for which you claim payment.


             Convalescence

Temporary Rating (Surgery/Immobilization)
A temporary 100% rating is for convalescence based on surgery or immobilization of a joint by a cast without surgery for a service-connected disability. The temporary 100% rating may continue for 1 to 3 months depending on individual circumstances. Extensions up to an additional 3 months may be granted in severe cases.

Eligibility Requirements

You must be a Veteran.
You must have had a surgical or other treatment performed by a VA or other approved hospital or outpatient facility for a service-connected disability.

Evidence Requirements

The evidence must show the surgery or treatment was for a service-connected disability, AND
The surgery required convalescence of at least one month, OR
The surgery resulted in severe postoperative residuals, such as incompletely healed surgical wounds, stumps of recent amputations, therapeutic immobilizations, house confinement, or required the use of a wheelchair or crutches, OR
One major joint or more was immobilized by a cast without surgery.
If the surgery or procedure was at a VA facility, simply tell us when you apply and we will obtain the records for you.

Example

A Veteran has a left knee condition rated 30% disabling. His VA physician has discussed the knee's deterioration and they have decided to operate. Since the success of the surgery won't be known for 3 months following the 1 week of hospitalization, the Veteran is granted a temporary 100% evaluation for three months, and his disability compensation is increased accordingly.

How to Apply

Apply online using eBenefits, OR
Work with an accredited representative or agent, OR
Go to a VA regional office and have a VA employee assist you


              Dentistry

Certain Veterans may receive dental treatment from VA. VA dental care eligibility and Veteran dental care benefits are based on a number of factors. Both the Veterans Benefits Administration (VBA) and the Veterans Health Administration (VHA) may make decisions regarding dental benefits and treatment. The Dental Benefits for Veterans fact sheet describes dental eligibility criteria and contains information to assist Veterans in understanding their eligibility for VA dental care.

How to Apply

Go to a VA Medical Center and have a VA employee assist you with determining eligibility and application procedures


               Hospital Treatment

Temporary Ratings (Hospitalization)
Veterans who are hospitalized for more than 21 days for a service-connected disability may receive a temporary 100% disability compensation rating.

Eligibility Requirements:

You must be a Veteran
You must be hospitalized for more than 21 days in a Department of Veterans Affairs or an approved hospital for a service-connected disability, OR
Be under hospital observation at Department of Veterans Affairs expense for a service-connected disability for a period in excess of 21 days.

Evidence Requirements:

Evidence such as a discharge summary that shows the length of hospitalization to be more than 21 days, AND
That the hospitalization is or was due to a service connected disability, AND
That the hospitalization is or was in an approved VA hospital.
If the hospitalization is at a VA facility, simply tell us when you apply and we will obtain the records for you.

Example

A Veteran is considered 40% disabled for his service-connected diabetes mellitus is taken by ambulance to a VA hospital after lapsing into a diabetic coma. He recovered, but required over 21 days of hospitalization due to the coma and infection. His rating was raised to 100% due to hospitalization and then returned to 40%.

How to Apply

Apply online using eBenefits, OR
Work with an accredited representative or agent, OR
Go to a VA regional office and have a VA employee assist you.


.          Individual Unemployability

Individual Unemployability is a part of VA's disability compensation program that allows VA to pay certain Veterans disability compensation at the 100% rate, even though VA has not rated their service-connected disabilities at the total level.

Eligibility Requirements:

You must be a Veteran
You must have at least one service connected disability rated at least at 60%, OR
Two or more service connected disabilities at least one disability ratable at 40 percent or more with a combined rating of 70 percent or more.
You must be unable to maintain substantially gainful employment as a result of service-connected disabilities (marginal employment, such as odd jobs, is not considered substantial gainful employment for VA purposes).

Evidence Requirements:

Evidence of at least one service connected disability AND
That the service-connected disability or disabilities are sufficient, without regard to other factors, to prevent performing the mental and/or physical tasks required to get or keep substantially gainful employment AND
That one disability is ratable at 60 percent or more, OR
If more than one disability exists, one disability is ratable at 40 percent or more with a combined rating of 70 percent or more.
Under exceptional circumstances this benefit may be granted with a lower disability rating than noted above provided the evidence shows the service-connected disability or disabilities present such an exceptional or unusual disability picture, due to such factors as marked interference with employment or frequent periods of hospitalization, that applying the normal disability requirements is impractical.


Example 1

A Veteran has a service-connected heart condition evaluated as 60% disabling. She has been able to work without difficulty until last year, when she began to experience chest pain with any exertion.
Her physician recommended that she retire as soon as possible. She subsequently filed a claim for increased disability compensation. Evidence regarding the Veteran's work history and education were reviewed by the Rating Team. As it confirmed the Veteran was "individually unemployable" due to her service-connected disability, entitlement to compensation at the rate payable to a 100% disabled Veteran was granted.

Example 2

A Veteran served as a medic in Vietnam and stepped on a land mine severing his right leg below the knee. He wears a prosthesis that allows him good mobility.
He had a great deal of difficulty readjusting to civilian life and was recently diagnosed with post-traumatic stress disorder. Service connection was established for both disabilities. The ratings for these disabilities are 40% and 50%, respectively. The combined disability rating is 70%.
He applied for individual unemployability because he has not been able to maintain gainful employment for many years. His only income during the last two years has come from a neighbor who pays the Veteran to watch his dogs while he's out of town. The evidence established that his service-connected disabilities render him unemployable.
Based on this finding, the Rating Team granted entitlement to compensation at the rate payable to a Veteran rated 100% disable.

How to Apply

Apply online using eBenefits, OR
Work with an accredited representative or agent, OR
Go to a VA regional office and have a VA employee assist you.


            Prestabilization Ratings

A prestabilization rating is a temporary initial rating normally given to Veterans who were recently separated from service and have an unstable disability and are most likely in need and least likely to be self-sufficient. Pre-stabilization ratings may be granted at the 50% or 100% rate, depending on the severity of the disability. They continue for a 12-month period following discharge from service.

Eligibility Requirements

You must be a Veteran
You must have been separated from military service with an unstable, significantly disabling service-connected disability at the time of separation that will continue for an indefinite period.

Evidence

The evidence must show:
You separated from active military service, AND
You have an existing unstabilized condition stemming from any disease or injury that is service-connected (This will normally be part of a Service Treatment Record.), AND
Your disability has been significantly disabling at the time of separation and will continue for an indefinite period.

Example

A Veteran was diagnosed with Hodgkin's disease and received a medical discharge from service. The service treatment records (STRs) demonstrate that the disease is active because as of discharge the Veteran continued receiving treatment (e.g. chemotherapy) for her Hodgkin's disease. She was told to contact her local VA medical center for follow-up and any further treatment of her condition, if needed. The claim for compensation resulted in a pre-stabilization rating of 100% for one year from the date of discharge.

How to Apply

Apply online using eBenefits, OR
Work with an accredited representative or agent, OR
Go to a VA regional office and have a VA employee assist you.  


SOURCE: U.S DEPARTMENTOF VETERANS AFFAIRS

PARENT DEPEDENCY AND INDEMNITY COMPENSATION FOR AMERICAN VETERANS

                  Parents' Dependency and Indemnity Compensation


Parents' Dependency and Indemnity Compensation is a tax free income-based monthly benefit for the parent(s) of military Servicemembers who died in the line of duty or Veterans whose death resulted from a service-related injury or disease.

Eligibility

Be the parent of a military Servicemember who died in the line of duty or a Veteran who died of a service-related injury or disease. The term "parent" includes:

Biological,
Adoptive, and
Foster parents

A foster parent is a person who stood in the relationship of a parent to the Veteran for at least one year before the Veteran's last entry into active service.
The surviving parent(s) must have an income below a limit established rate can be download fro official website that I listed bottom

Evidence Required

The evidence submitted with the claim must show:
The Servicemember died from an injury or disease while on active duty or in the line of duty while on active duty for training, OR
The Servicemember died from an injury or certain diseases in the line of duty while on inactive duty training, OR
The Veteran died from an injury or disease deemed to be related to military service



                  How to Apply

There are numerous ways to apply for VA disability benefits depending on the type of benefit you are seeking:

Online using an eBenefits account

Complete and mail your claim form to your nearest VA regional office
Go to a VA regional office and have a VA employee assist you. To find the VA regional office nearest you, use the Veterans Affairs National Facilities Locator or call VA toll free at 1-800-827-1000.

Work with an accredited representative or agent

We also encourage you to become familiar with evidence requirements so you have a complete understanding of not only VA's responsibility, but yours as well.

Applying Online though eBenefits

You can apply online through eBenefits. You can also upload all supporting evidence you may have and make your claim a Fully Developed Claim.
If you need time to obtain supporting evidence, you can begin the application process within eBenefits, obtain your evidence and then complete your application and VA will recognize the date you started the application as your date of claim as long as you complete it within one year. By submitting all of your supporting evidence with your claim, you save processing time and obtain a quicker decision.

Working With an Accredited Representative

VA encourages individuals who are applying for disability compensation to work with an accredited representative or agent to assist them in completing Fully Developed Claim for submission through eBenefits. Being accredited means organizations and individuals must have VA permission to represent Veterans before the Department in their claims for VA benefits. The purpose of this requirement is to ensure that Veterans have qualified and competent representation. These individuals receive specialized training in VA benefits law and procedure. You may search for an accredited representative in eBenefits on the Manage Your Representative for VA Claims page.

Visit a VA Regional Office

You may also apply by visiting a VA Regional Office where trained staff can assist you. You can find your regional office on our Facility Locator page. If you have records that support your claim, you should bring them with you. VA will help you obtain records by requesting them from the person, company, or agency that has them, but if submit them yourself you can save processing time and obtain a quicker decision.


Before Leaving Military Service

If you are a member of the armed forces serving on either active duty or full-time National Guard duty, VA encourages you to apply through its pre-discharge program before leaving service.

Evidence

You must submit all relevant evidence in your possession and/or provide information sufficient to enable VA to obtain all relevant evidence not in your possession. This includes the following as part of your application:
Discharge or separation papers (DD214 or equivalent)
Service Treatment Records if they are in your possession
Medical evidence (doctor & hospital reports)

Fully Developed Claim

The Fully Developed Claims (FDC) program is an optional new initiative that offers Servicemembers, Veterans, and survivors faster decisions from VA on benefit claims.
Servicemembers, Veterans, and survivors simply submit all required records and documentation at the time they make their claim and certify that they have no further evidence. VA can then review and process the claim more quickly. To learn more about Fully Developed Claims and how to apply, view the Fully Developed Claims page.

Standard Claim

As a standard claim, VA is responsible for getting relevant records from any Federal agency that you adequately identify and authorize VA to obtain.
VA will make every reasonable effort to obtain relevant records not held by a Federal agency that you adequately identify and authorize VA to obtain. These may include privately held evidence and information you tell us about (such as records from a private doctor or hospital) and/or records from State or local governments or current or former employers.
VA will provide a medical examination for you, or get a medical opinion, if determined it is necessary to make a claims decision


SOURCE: U.S DEPARTMENT OF VETERANS AFFAIRS

DEPENDECY AND INDEMNITY COMPENSATION FOR AMERICAN VETERANS

                        Dependency and Indemnity Compensation


Dependency and Indemnity Compensation (DIC) is a tax free monetary benefit paid to eligible survivors of military Servicemembers who died in the line of duty or eligible survivors of Veterans whose death resulted from a service-related injury or disease.

Eligibility (Surviving Spouse)

To qualify for DIC, a surviving spouse must meet the requirements below.
The surviving spouse was:
Married to a Servicemember who died on active duty, active duty for training, or inactive duty training, OR
Validly married the Veteran before January 1, 1957, OR
Married the Veteran within 15 years of discharge from the period of military service in which the disease or injury that caused the Veteran's death began or was aggravated, OR
Was married to the Veteran for at least one year, OR
Had a child with the Veteran, AND
Cohabited with the Veteran continuously until the Veteran's death or, if separated, was not at fault for the separation, AND
Is not currently remarried
Note: A surviving spouse who remarries on or after December 16, 2003, and on or after attaining age 57, is entitled to continue to receive DIC.

Eligibility (Surviving Child)

Not included on the surviving spouse's DIC, AND
Unmarried, AND
Under age 18, or between the ages of 18 and 23 and attending school.
Note: A child adopted out of the Veteran’s family may be eligible for DIC if all other eligibility criteria are met.

Evidence Required

Listed below are the evidence requirements for this benefit:
The Servicemember died while on active duty, active duty for training, or inactive duty training, OR
The Veteran died from an injury or disease deemed to be related to military service, OR
The Veteran died from a non service-related injury or disease, but was receiving, OR was entitled to receive, VA Compensation for service-connected disability that was rated as totally disabling
For at least 10 years immediately before death, OR
Since the Veteran's release from active duty and for at least five years immediately preceding death, OR
For at least one year before death if the Veteran was a former prisoner of war who died after September 30, 1999


                          How to Apply

There are numerous ways to apply for VA disability benefits depending on the type of benefit you are seeking:

Online using an eBenefits account

Complete and mail your claim form to your nearest VA regional office
Go to a VA regional office and have a VA employee assist you. To find the VA regional office nearest you, use the Veterans Affairs National Facilities Locator or call VA toll free at 1-800-827-1000.

Work with an accredited representative or agent

We also encourage you to become familiar with evidence requirements so you have a complete understanding of not only VA's responsibility, but yours as well.

Applying Online though eBenefits

You can apply online through eBenefits. You can also upload all supporting evidence you may have and make your claim a Fully Developed Claim.
If you need time to obtain supporting evidence, you can begin the application process within eBenefits, obtain your evidence and then complete your application and VA will recognize the date you started the application as your date of claim as long as you complete it within one year. By submitting all of your supporting evidence with your claim, you save processing time and obtain a quicker decision.

Working With an Accredited Representative

VA encourages individuals who are applying for disability compensation to work with an accredited representative or agent to assist them in completing Fully Developed Claim for submission through eBenefits. Being accredited means organizations and individuals must have VA permission to represent Veterans before the Department in their claims for VA benefits. The purpose of this requirement is to ensure that Veterans have qualified and competent representation. These individuals receive specialized training in VA benefits law and procedure.


Visit a VA Regional Office

You may also apply by visiting a VA Regional Office where trained staff can assist you. You can find your regional office on our Facility Locator page. If you have records that support your claim, you should bring them with you. VA will help you obtain records by requesting them from the person, company, or agency that has them, but if submit them yourself you can save processing time and obtain a quicker decision.

Submit Your Claim by Mail

You may also mail us your claim by sending it to your nearest VA Regional Office. You can find your regional office mailing address on our Facility Locator page. If you have records that support your claim, you should send them with your claim. If you want us to request records for you, you must tell us the name and address of the person, company or agency that has these records, the approximate time frame covered by them, and the condition for which you were treated. If you received treatment from a non-VA health care provider you must complete VA Form 21-4142, Authorization and Consent to Release Information to the Department of Veterans Affairs (VA). We will use this form to request non-VA health records.

Before Leaving Military Service

If you are a member of the armed forces serving on either active duty or full-time National Guard duty, VA encourages you to apply through its pre-discharge program before leaving service.

Evidence

You must submit all relevant evidence in your possession and/or provide information sufficient to enable VA to obtain all relevant evidence not in your possession. This includes the following as part of your application:
Discharge or separation papers (DD214 or equivalent)
Service Treatment Records if they are in your possession
Medical evidence (doctor & hospital reports)

Fully Developed Claim

The Fully Developed Claims (FDC) program is an optional new initiative that offers Servicemembers, Veterans, and survivors faster decisions from VA on benefit claims.
Servicemembers, Veterans, and survivors simply submit all required records and documentation at the time they make their claim and certify that they have no further evidence. VA can then review and process the claim more quickly. To learn more about Fully Developed Claims and how to apply, view the Fully Developed Claims page.

Standard Claim

As a standard claim, VA is responsible for getting relevant records from any Federal agency that you adequately identify and authorize VA to obtain.
VA will make every reasonable effort to obtain relevant records not held by a Federal agency that you adequately identify and authorize VA to obtain. These may include privately held evidence and information you tell us about (such as records from a private doctor or hospital) and/or records from State or local governments or current or former employers.
VA will provide a medical examination for you, or get a medical opinion, if determined it is necessary to make a claims decision.

SOURCE: U.S DRPARTMENT OF VETERANS AFFAIRS

DISABILITY COMPENSATION FOR AMERICAN VETERANS

                                                 Disability Compensation



              Disability compensation is a monthly tax-free benefit paid to Veterans who are at least 10% disabled because of injuries or diseases that were incurred in or aggravated during active duty, active duty for training, or inactive duty training. A disability can apply to physical conditions, such as a chronic knee condition, as well as a mental health conditions
condition, such as post-traumatic stress disorder (PTSD).

Benefit:

The benefit amount is graduated according to the degree of the Veteran's disability on a scale from 10 percent to 100 percent (in increments of 10 percent). Compensation may also be paid for disabilities that are considered related or secondary to disabilities occurring in service and for disabilities presumed to be related to circumstances of military service, even though they may arise after service. Generally, the degrees of disability specified are also designed to compensate for considerable loss of working time from exacerbations or illnesses.
If you have dependents, an additional allowance may be added if your combined disability is rated 30% or greater. Your compensation may be offset if you receive military retirement pay, disability severance pay, or separation incentive payments.More information about disability compensation benefit amounts can be found on the Compensation Rates page.

Eligibilit

Service in the Uniformed Services on active duty, OR
Active duty for training, OR
Inactive duty training, AND
You were discharged under other than dishonorable conditions, AND
You are at least 10% disabled by an injury or disease that was incurred in or aggravated during active duty or active duty for training, or inactive duty training
Note: If you were on inactive duty for training, the disability must have resulted from injury, heart attack, or stroke.

Evidenc Requir

Medical evidence of a current physical or mental disability, AND
Evidence of a relationship between your disability and an injury, disease, or event in military service. Medical records or medical opinions are required to establish this relationship.
Note: Under certain circumstances, VA may conclude that certain current disabilities were caused by service, even if there is no specific evidence proving this in your particular claim. The cause of a disability is presumed for the following Veterans who have certain diseases.

Presumed Disability

Former prisoners of war
Veterans who have certain chronic or tropical diseases that become evident within a specific period of time after discharge from service
Veterans who were exposed to ionizing radiation, mustard gas, or Lewisite while in service
Veterans who were exposed to certain herbicides, such as by serving in Vietnam
Veterans who served in Southwest Asia during the Gulf War

Example 1

During a weekend drill, an Army Reservist injures her knee while participating in a physical training class. She is eligible for compensation for residuals of the knee injury.

Example 2

An individual enlisted in the U.S. Navy on June 10, 1988, and served for a period of 3 years. He was honorably discharged on June 9, 1991. During his active duty, he fell from a bunk and injured his back. Based on his active service, he is entitled to service-connected benefits for the residuals of his back injury.


                                                   How to Apply


There are numerous ways to apply for VA disability benefits depending on the type of benefit you are seeking:

Online using an eBenefits account

Complete and mail your claim form to your nearest VA regional office
Go to a VA regional office and have a VA employee assist you. To find the VA regional office nearest you, use the Veterans Affairs National Facilities Locator or call VA toll free at 1-800-827-1000.

Work with an accredited representative or agent

We also encourage you to become familiar with evidence requirements so you have a complete understanding of not only VA's responsibility, but yours as well.

Applying Online though eBenefits

You can apply online through eBenefits. You can also upload all supporting evidence you may have and make your claim a Fully Developed Claim.
If you need time to obtain supporting evidence, you can begin the application process within eBenefits, obtain your evidence and then complete your application and VA will recognize the date you started the application as your date of claim as long as you complete it within one year. By submitting all of your supporting evidence with your claim, you save processing time and obtain a quicker decision.

Working With an Accredited Representative

VA encourages individuals who are applying for disability compensation to work with an accredited representative or agent to assist them in completing Fully Developed Claim for submission through eBenefits. Being accredited means organizations and individuals must have VA permission to represent Veterans before the Department in their claims for VA benefits. The purpose of this requirement is to ensure that Veterans have qualified and competent representation. These individuals receive specialized training in VA benefits law and procedure. You may search for an accredited representative in eBenefits on the Manage Your Representative for VA Claims page.

Visit a VA Regional Office

You may also apply by visiting a VA Regional Office where trained staff can assist you. You can find your regional office on our Facility Locator page. If you have records that support your claim, you should bring them with you. VA will help you obtain records by requesting them from the person, company, or agency that has them, but if submit them yourself you can save processing time and obtain a quicker decision.

Submit Your Claim by Mail

You may also mail us your claim by sending it to your nearest VA Regional Office. You can find your regional office mailing address on our Facility Locator page. If you have records that support your claim, you should send them with your claim. If you want us to request records for you, you must tell us the name and address of the person, company or agency that has these records, the approximate time frame covered by them, and the condition for which you were treated. If you received treatment from a non-VA health care provider you must complete VA Form 21-4142, Authorization and Consent to Release Information to the Department of Veterans Affairs (VA). We will use this form to request non-VA health records.

Before Leaving Military Service

If you are a member of the armed forces serving on either active duty or full-time National Guard duty, VA encourages you to apply through its pre-discharge program before leaving service.

Evidence

You must submit all relevant evidence in your possession and/or provide information sufficient to enable VA to obtain all relevant evidence not in your possession. This includes the following as part of your application:
Discharge or separation papers (DD214 or equivalent)
Service Treatment Records if they are in your possession
Medical evidence (doctor & hospital reports)


Fully Developed Claim

The Fully Developed Claims (FDC) program is an optional new initiative that offers Servicemembers, Veterans, and survivors faster decisions from VA on benefit claims.
Servicemembers, Veterans, and survivors simply submit all required records and documentation at the time they make their claim and certify that they have no further evidence. VA can then review and process the claim more quickly. To learn more about Fully Developed Claims and how to apply, view the Fully Developed Claims page.

Standard Claim

As a standard claim, VA is responsible for getting relevant records from any Federal agency that you adequately identify and authorize VA to obtain.
VA will make every reasonable effort to obtain relevant records not held by a Federal agency that you adequately identify and authorize VA to obtain. These may include privately held evidence and information you tell us about (such as records from a private doctor or hospital) and/or records from State or local governments or current or former employers.
VA will provide a medical examination for you, or get a medical opinion, if determined it is necessary to make a claims decision.


Source:-US DEPARTMENT OF VETERANS AFFIARS