
If you are a servicemember, your service is a significant part of your life and an invaluable gift to your country. Understandably, then, having to retire from active duty as a result of a permanent disability can be a very challenging situation in many ways. While this is true, the good news is that there are steps you can take and benefits you might be eligible to receive that can help you adjust to and make the most of your retirement. Let’s take a closer look at your options together.
The Department of Defense offers disability benefits to soldiers who are forced to retire due to a physical disability incurred in the line of duty. According to 10 USC 1208, to qualify for disability retirement, a soldier must have completed at least twenty years of creditable service or must have a disability related to their service that has a combined disability rating of 30% or more and has caused the soldier to be unfit for duty.
The disability rating that the military assigns is based on the severity of your condition and is calculated using Department of Defense and Department of Veterans Affairs guidelines. In making that determination, the VA will typically review medical evidence obtained from your military records or that you submit as part of your claim.
The VA typically assigns a disability rating from 0% to 100% in increments of ten. In addition to reviewing the severity of your condition and your service history, the VA may also consider other factors in its calculations, including whether or not you have dependents and if any of those dependents are disabled. Ultimately, your disability rating will help to determine the amount of your retired pay. It will also help you access various other benefits, including things like healthcare.
It’s possible that you may feel that an error has been made in assigning your disability rating. If this is the case, you may want to pursue various ways to assert your rights, including filing an appeal. This isn’t a process you want to go through alone, however. You need a knowledgeable and experienced team on your side. At Disability Experts Florida, we’re here to help.
In addition to the retirement benefits available for your permanent disability, you may also be eligible for a variety of other VA benefits that can be extremely helpful in providing financial support and assisting with healthcare needs. The VA offers not only financial compensation but also comprehensive medical services and even vocational rehabilitation and employment services if desired.
As a veteran, you will likely have access to TRICARE and VA healthcare. Still, you may also want to obtain supplemental coverage like Medicare or through private insurance, depending upon your unique circumstances. A knowledgeable and experienced advocate can guide you to the best choice for your particular situation.
In addition to pursuing the financial and healthcare-related benefits you need during retirement, it’s also important to take care of your own happiness and mental health. Retirement is a new chapter, but it can be one that is full of many wonderful experiences. Don’t hesitate to engage with social groups that are of interest or reach out to your local Veterans Services Organization. Being connected to your community and involved is important and good for both your physical and mental health.
If you are a veteran and have had to retire due to a permanent disability, you should typically pursue a claim for benefits as soon as possible. This will avoid a delay in receiving benefits and help you avoid significant financial stress.
Filing a claim will consist of a variety of steps, including gathering important information like medical records and documentation regarding your service. A knowledgeable and experienced advocate can talk with you and help you determine what evidence you might need in your particular situation.
Preparing and filing a claim may seem complicated, and that’s understandable. The law can often seem confusing. However, the path forward can become clear with the right representation on your side. At Disability Experts Florida, we’re here for you.
If you are a veteran, you have given an invaluable gift to our country. You deserve to be cared for after your service and understand how to pursue the benefits you need and deserve. At Disability Experts Florida, we’re here to help you do exactly that. We know and understand every aspect of the law concerning disability benefits, and we’ll always pursue the best legal strategies on your behalf. Wherever you find yourself in the claims process, we’re here to help. Give us a call today. We look forward to speaking with you soon.
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