Understanding VA Disability Claims
Are you struggling with an injury or illness from your military service? Are you ready to apply for disability benefits from the U.S. Department of Veterans Affairs (VA)?
VA disability compensation provides tax-free monthly payments if you have a “service-connected” condition. A service-connected condition means an illness or injury that was caused by—or worsened because of—your active military service.
It’s important to understand what types of injuries and conditions the VA will compensate. As discussed below, veterans may file for VA disability benefits based on pre-service disabilities, in-service disabilities, post-service disabilities, and special circumstances.
Pre-Service Disabilities
If you entered service with a pre-existing condition that was worsened, or aggravated, by your military service, then you can receive compensation from the VA based on the level of aggravation beyond the condition’s typical progression. Veterans are presumed to be in sound condition when they enter service, unless a disability is noted on the entrance examination report. Either way, if military service causes a condition to worsen, that increased disability can be compensated by the VA.
In-Service Disabilities
The VA defines in-service disabilities as injuries or diseases that occurred during active military service. This can include everything from a musculoskeletal injury from combat to a traumatic brain injury from a car accident while on leave, as long as the injury occurs during active military service. Veterans may also be entitled to benefits for injuries that occur during relevant periods of Reserve or National Guard service.
If you become disabled in service and you have not been discharged from the military yet, you can file a pre-discharge claim through the Benefits Delivery at Discharge (BDD) program. To be eligible to file a claim for disability benefits using this program, your separation date must be in the next 90 to 180 days. If you have less than 90 days left on active duty, you can file the disability claim using the standard VA procedures. Filing the claim while still in service, may lead to an earlier and quicker award of benefits.
Post-Service Disabilities
You may also be able to claim disability benefits if a condition arises after you are discharged from the military.
A post-service disability can sometimes be presumed to have been caused by military service based on the nature of the military service and the condition. The VA recognizes “presumptive service connection” for diseases associated with radiation exposure, exposure to herbicides such as Agent Orange, mustard gas exposure, conditions related to Camp Lejeune contaminated water, service in certain geographic regions, and captivity as a prisoner of war. For example, the PACT Act added illnesses to the list of conditions the VA presumes are related to burn pit and other toxic exposures for Gulf War era and post-9/11 veterans, including several types of cancers, asthma, chronic bronchitis, COPD, chronic rhinitis, and more. Thus, even though these conditions may have arisen after service, the VA agrees they are related to service.
Some conditions are also known to cause other, secondary conditions. For example, veterans with a traumatic brain injury (TBI) can also be compensated for related illnesses such as Parkinson’s disease, unprovoked seizures, specific types of dementia, depression, and some hormonal diseases. These secondary conditions are thus related to service and should be claimed for VA disability benefit purposes.
Special Claims
Sometimes a veteran’s service-connected condition is so severe as to warrant additional benefits. For example, if a veteran is unable to maintain substantially gainful employment because of a service-related condition, then the veteran may be entitled to a Total Disability rating based on Individual Unemployability (TDIU), which amounts to a 100% rating. The veteran may also be entitled to Aid and Attendance or Housebound benefits, if the service-connected conditions are so severe as to require the aid of another or require the veteran to be mostly housebound. There are also other benefits that can stem from certain types of conditions, such as the clothing allowance or the automobile allowance and adaptive equipment.
When filing your claim, it is important to include all service-connected conditions and symptomatology, in order to maximize benefits from the VA.
Appealing a Denied VA Disability Claim
Has the VA denied your disability claim? Get help filing an appeal.
Contact Vets National Advocates. We understand the VA’s complex appeals process, and we can guide you every step of the way.
Call 877-777-4021. Or, fill out our Denied Claims Rapid Response Form.
