BELFAST, Maine — There is a man on a mission year-round to make sure all veterans can access the benefits they've earned, not just on Veterans Day. Associate attorney Tyler Hadyniak shares three common misconceptions veterans have about VA benefits, along with some advice on applying:
- VA “disability benefits” are separate from VA “healthcare.” Disability benefits are awarded when a veteran has a current medical condition, or “disability,” which is “at least as likely as not” due to their military service. Disability benefits take the form of a retroactive lump sum arrears payment, and ongoing monthly monetary entitlements. These monthly entitlements can range from around $150 to more than $3,600. Frequently, veterans think “disability benefits” is the same as the healthcare they receive, so unfortunately, they do not bother applying for separate “disability benefits.”
- A “disability” is far more inclusive than anyone imagines. VA defines an applicable “disability” as any medical condition which causes “functional impairment.” So, a “disability” can include something seemingly innocuous like a painful scar or a skin condition, and something as egregious as a mental health disorder, mobility impairment, etc. A whole body of case law has resulted from trying to define “disability,” but “functional impairment” is the basic idea.
- Eligibility for VA benefits does not demand overseas deployment or combat action. I encounter veterans who hesitate to even call themselves “veterans” because they stack themselves against their friend or family member who did get deployed overseas and/or see combat; or, they are unwilling to admit they have a “disability” in the first place. The only requirement to apply for VA benefits is that the veteran had some active-duty service; their character of service discharge was any characterization besides dishonorable; and they have an aforementioned medical condition which they think is related to service.
Hadyniak said he helps veterans apply for benefits through Mailloux and Marden, P.A. in Belfast, but recommends if a veteran looks for any other attorney for help, make sure they're specialized in the field. He also suggests making sure you understand their payment plan, because some take a monthly cut from whatever benefits you receive. He recommends steering clear of those deals.