What is VA Disability and How Can I Qualify?

No doubt veterans earn a debt of gratitude from the country for their service. But many veterans don’t realize that their time in the military may earn them more than just a nation’s thanks. There are many important benefits available to veterans, including VA disability for those who suffer an injury during their service.

VA disability benefits are tax-free monthly payments for which veterans may qualify if they have a service-related condition. The compensation amount will depend on a veteran’s degree of impairment.

However, these funds can be a huge help supplementing continued care and life expenses after a veteran’s military service.

Accordingly, all veterans with at least a 10% disability rating should be aware of the potential VA disability benefits available. Keep reading to learn about this important program and how to qualify, no matter how long it’s been since enlistment.

Who is Eligible for VA Disability Benefits?

Eligibility for VA disability compensation hinges on several basic requirements that veterans must meet.

To begin with, a veteran must demonstrate both of the following:

• They have a current injury or illness that affects their body or mind.
• They can show prior service on active duty, active duty for training, or inactive duty training.

Additionally, to receive benefits a veteran must prove their condition puts them into one of the following categories:

• In-service disability claim. They got sick or injured while serving in the military, and can link their current condition to their active service.
• Pre-service disability claim. They had an illness or injury before joining the military, but serving made it worse.
• Post-service disability claim. They have a disability that didn’t appear until after their military service, but its origins link to their active-duty service.

Finally, their discharge from service must fall in any category other than dishonorable (though veterans may petition for discharge upgrades).

Any veteran of the U.S. Armed Forces, U.S. Army Reserve or National Guard, who meets the above criteria may qualify. Also note that their spouses and dependents, and survivors of deceased veterans, including parents, may be eligible for benefits.

Qualifying Conditions for VA Disability

Veterans with physical or mental health issues that develop before, during, or after service may have qualifying conditions. According to the U.S. Department of Veteran Affairs, some potential injuries or illnesses that could make the VA disability list include:

• Long-term back pain leading to a chronic back disability
• Breathing problems and lung conditions
• Acute hearing loss
• Loss of range of motion/mobility issues
• Nerve damage
• Cancers or other conditions from exposure to toxic chemicals or hazardous materials
• Ulcers
• Anxiety or depression
• Physical or mental health repercussions from military sexual trauma
• Post-traumatic stress disorder (PTSD)
• Traumatic brain injury (TBI)

Though the above are some common ailments that may plague veterans, they aren’t the only qualifying conditions. Any condition directly resulting in a veteran’s disability that is linkable to their military service may be compensable.

Presumptive Conditions

In most cases a veteran must show medical proof of their debilitating condition in order to receive VA disability.

However, there are certain conditions that the VA just assumes were a result of active service. In those cases, the veteran need only show their proof of service to be eligible for VA benefits.

These “presumptive conditions” include:

• Chronic illnesses that appear within one year of discharge from the military
• Illnesses caused by exposure to toxic chemicals or hazardous materials
• Illnesses that are the result of the veteran being a prisoner of war (POW)

The PACT Act

The PACT Act is a new law providing one of the largest healthcare and benefit expansions in VA history. This hard-fought-for coverage increases benefits for veterans with conditions emanating from toxic exposures.

Additionally, it extends benefits for veterans of the Vietnam, Gulf War, and post-9/11 eras.

The PACT Act also adds 20+ conditions to the presumptive conditions list including exposure to burn pits, and Agent Orange. Furthermore, it requires the VA to provide toxic exposure screenings to every veteran enrolled in VA health care.

The changes and additions of The PACT Act should make VA benefits available to even more veterans with disabling conditions.

How to File a VA Disability Claim

There are several ways to file a VA disability claim. However, before you get to that point, you will want to do a little preparation. That’s because you’ll need to have the requisite paperwork in hand as part of your application.

The Evidence Gathering Process

During claim evaluation, the VA will want to see documentation supporting not only your military service, but also your condition. Once you start a claim, you have a year to complete it, but Fully Developed Claims may receive faster processing.

For proof of service, you’ll need to submit discharge or separation papers (the DD-214 or equivalent).

As for medical evidence, you can support your disability claim with the VA by providing copies of:

• VA medical and hospital records. Collect any treatment records from VA facilities that relate to your service-related injury or illness.
• Private medical and hospital reports. Request copies of doctors’ reports and surgical records from private institutions or providers you may visit outside the VA system. These lend additional support and points of reference for the evaluation team.
• Test results. If you’ve had any scans, X-rays, MRIs, blood tests, or other diagnostic evaluations, it helps to include these results.
• Supporting statements. In addition to reports from doctors, the VA will accept statements about your condition from people who know you well. That means you could acquire corroboration from family, friends, clergy, social workers, even other military colleagues.

Use these statements to explain more about your injury/illness, details of its occurrence, and any progression of the condition. The evidence gathering process is key to raising your chances of the VA approving your disability claim.

Preparing for Medical Examinations

If you don’t have a lot of medical evidence to support your claim, it’s okay. But know that the VA will probably ask you to undergo a medical examination to learn more about your condition. The VA calls this a “Compensation and Pension” or C&P exam.

The VA doesn’t order this exam to offer you a prescription or offer other medical suggestions. Rather, a C&P exam is a way for the VA to assess the severity of your condition. And this exam will likely factor into your eventual disability rating.

Where to Submit Your Claim

Even if you don’t think you have a Fully Developed Claim, it’s not a bad idea to at least start the process sooner than later. That’s because if the VA knows you have an “intent to file” they’ll use the date you start your application as your date of claim.

With that in mind, here are the different ways you can submit your claim for VA disability benefits.

• Online. The VA says this is the easiest way to apply. Get started here.
• By Mail. You may file your claim by mail by downloading the VA Form 21-526EZ. Print the form, fill it out, and send it to:

Department of Veterans Affairs Claims Intake Center

PO Box 4444

Janesville, WI 53547-4444

• By Fax. If you’re in the U.S., you may download the VA Form 21-526EZ form and fax your application to 844-531-7818. If you’re outside the U.S., fax your application to 248-524-4260.
• In Person. You may bring your application to a local VA regional office.
• With the help of a third-party advocate. Getting assistance from a VA-accredited representative can really help simplify the process. This may include a claims agent, Veterans Service Organization (VSO) representative, or a VA accredited attorney.

What is a VA Disability Rating?

As part of the disability benefits process, the VA assigns each applicant a disability rating. The rating reflects how much a disability decreases a veteran’s overall health and ability to function.

To receive any VA disability benefits, a veteran must show at least a 10% disability rating in any one category. The VA has put together a Schedule of Rating Disabilities (VARSD) to give a percentage rating to each disability.

When calculating your disability rating, the VA will match your symptoms with the closest VARSD condition. From there they will consider its severity to ultimately calculate your disability percentage.

If a veteran has multiple disabilities, then the VA will consider them all in aggregate. However, they won’t just add them together, but will instead calculate a combined disability rating.

For now, however, just understand that the VA uses a Combined Ratings Table to calculate a combined disability rating. If you already have more than one VA disability rating, you might also try the VA combined disability rating calculator.

How to Acquire a 100 VA Disability Rating

The only way to get a 100% VA disability rating is if you’re completely incapable of working in any capacity.

The VARSD assigns a percentage to each disability. These range from 0% to 100% disabled in 10% increments. Less severe disabilities will have lower percentages. Someone who is totally disabled will have a 100% VA disability rating.

The VA uses what it calls a “whole person theory” method of calculating total disability. That means, an individual’s disability rating can never add up to more than 100%.

To acquire a 100% VA disability rating based on the VARSD, a veteran must show one of the following:

• 100 VA disability rating based on one qualifying disability
• 100 VA disability rating from multiple qualifying disabilities that receive a calculated combined 100% disability rating
• VA disability rating doesn’t equal 100, but the veteran qualifies under the “total disability individual unemployability” category. This TDIU rating means the veteran cannot work in any capacity and will therefore receive full VA benefits.

There are also temporary 100 VA disability ratings available for veterans recovering from service-related injuries or surgeries. These typically last for one to three months and still require that veterans submit an application.

Increasing a VA Disability Rating

It’s possible to file a claim to increase your VA disability rating. To do so, a veteran will need to submit current medical evidence showing that a disability has gotten worse. Or, if they feel their initial rating is too low, then they’ll need to file an appeal.

In either case, the VA will require additional proof of their condition. A veteran may also need to submit to another C&P examination.

Successful rating increases usually lead to more compensation for the disabled veteran.

How Do VA Disability Settlements Work?

Once a veteran receives a disability rating, they’ll begin to receive monthly compensation. As long as a veteran receives at least a 10% disability rating, they’ll receive their first payment within 15 days.

Additionally, if there’s any back pay due, they’ll receive a check depending on their disability compensation effective date. That date is usually either the date you file your claim, or the date the disability began. The VA will assign an “effective date” when they approve your claim.

How much your disability claim pays depends on several variables, not just your VA disability rating. The VA will also consider things like marital status, dependents, and Cost of Living Adjustments (COLA).

However, payments increase for 30-100% VA disability ratings and calculations will include family size. Also, take a look at current VA disability rates to better understand your claim’s potential worth.

How Long Can I Receive VA Disability?

As long as a veteran continues to meet eligibility requirements, their VA disability benefits continue. That means you could receive them for several months, or even their entire lifetime.

The VA may reduce benefits if a veteran’s condition markedly improves. But that’s not as common in cases of permanent disability.

However, the VA may schedule periodic re-examinations via C&P exams. This usually depends on if the VA thinks a veteran’s condition is likely to get better over time.

Disputing a VA Disability Claim

If you apply for VA disability and get a denial notice, don’t despair. You have options.

To begin with, many claims do not receive approval upon first submission. Some reasons may include lack of evidence, or even technicalities. The good news is that there are several ways you may dispute the initial outcome.

Currently anyone disagreeing with a VA benefit or claim decision, can choose from three decision review options. These include:

• Submitting a supplemental claim
• Requesting a Higher-Level Review
• Filing a Board Appeal

Choosing any of the above options will continue your case, and if one isn’t successful, you may try another. However, if you reach the denial phase of a VA disability claim, you may benefit from hiring a veterans disability attorney.

Having someone who understands all the paperwork and submission requirements working with you increases your chances of a claim reversal.

Qualify for VA Disability With a LegalASAP Veterans Attorney

The VA disability timeline can take months to resolve and is tough to navigate. It’s also quite easy to make unintentional mistakes while filing your claim that can lead to denial. That’s why contacting a VA accredited lawyer is key when working to get approval for benefits.

If you have VA disability claim questions, LegalASAP can connect you with a VA lawyer in your area. We have 500+ law firms located around the United States ready to assist you with your claim. Let us help you get your rightful share today.