Veterans' Disability Benefits
THE FOLLOWING MATERIAL IS GENERAL INFORMATION ABOUT VETERANS’ DISABILITY BENEFITS. FOR ANSWERS TO YOUR QUESTIONS ABOUT YOUR SITUATION, PLEASE CALL SWANSON, THOMAS & COON AT (503) 228-5222
A Veterans’ Disability Compensation Summary For Claimants
- What is Veteran’s Disability Compensation?
- Who is a Veteran?
- What is a Service-Connection?
- What Kinds of Service-Connected Claims for Compensation are Possible?
- What are the Steps in the Process of Getting Veteran’s Disability Compensation?
- How Much does the VA pay?
- Is Veterans’ Disability Compensation Taxable?
- Can I get Both Social Security Disability and Veterans’ Disability Compensation?
- Frequently asked Questions about Social Security and Veterans’ Disability
What is Veterans’ Disability Compensation?
Disability compensation is a benefit paid to a veteran because of injuries or diseases that happened while on active duty (sevice-connection), or were made worse (aggravated) by active military service.
Who is a Veteran?
Anyone who served in the active military, naval or air services, and who was discharged or released under conditions other than dishonorable. Active service means full-time service, other than active duty for training, as a member of the Army, Navy, Air Force, Marine Corps or Coast Guard.
What is a Service-Connection?
Service-connection refers to the requirement that an injury, disease or condition has to have been incurred or aggravated as a result of service. To receive compensation for a service-connected issue, there are three key requirements:
- There has to be a current disability, diagnosed by a medical professional.
- There has to be evidence in military service records of what caused the injury or disease.
- There has to be a “nexus” or connection between the current disability and the in-service disease, injury or event.
What Kinds of Service-Connected Claims for Compensation are Possible?
- The basic, first-time VA claim is for direct service connection. This claim can be filed at any time.
- The second type of claim is when a veteran already has a service-connected condition and later develops another condition as a result of the first one. In that situation, the second condition can also qualify as a service-connected condition.
- It’s also possible to return to the VA anytime to ask for an increase in a disability rating.
- A veteran whose service-connected disability completely prevents him from employment can claim total disability based on individual unemployability (TDIU)
- A veteran who was once denied service connection can reopen that claim with new and material evidence
- A veteran can make a claim based on clear and unmistakeable error (CUE) if the facts weren’t made available to the judge or the law was incorrectly applied.
What are the Steps in the Process of Getting Veterans Disability Compensation?
(1) Applying
You can apply by filling out VA Form 21-526, Veterans Application for Compensation and/or Pension.
You may request the form be sent to you by calling 1-800-827-1000 or you can print a copy from the VA website, www.VA.com.
If you have any of the following materials, you should attach them to your application:
- Discharge or separation papers (DD214 or equivalent)
- Dependency records (marriage & children's birth certificates)
- Medical evidence (doctor & hospital reports)
You can also apply online through our web site at http://vabenefits.vba.va.gov/vonapp.
(2) The VA Issues a Rating Decision
There are Regional Offices (RO) throughout the United States – about one in every state. This is where the original application is filed and it’s also where the rating decision is issued. The Rating Decision will address service connection, percentage of disability and date of eligibility.
(3) The Notice of Disagreement
If a veteran disagrees with a rating decision the vet can ask for a review of the decision at the Regional Office by filing a Notice of Disagreement (NOD) with the Regional Office. The RO then issues a Statement of the Case
(4) The Choice of a Decision Review Officer
After you file the NOD, the VA will send to the veteran a form asking you to choose between traditional appellate-review or review by a decision review officer (DRO). You will have 60 days to respond to the appeal election form. We recommend that you choose a DRO.
The DROs are senior representatives of the VA with considerable experience in handling claims. The DRO will review the case without deference to the VA’s initial decision. In many situations, you can ask to meet or talk with the DRO. The DRO process is frequently successful and is generally faster than the alternative, going to the Board of Veterans’ Appeals (BVA). DROs are authorized to grant contested benefits based on the same evidence utilized by the initial rating board. Moreover, if you do not receive a better decision from the DRO, you can still appeal to the BVA.
(5) Appeal to the Board of Veterans’ Appeals (BVA)
This is where the veteran appeals, either directly after you receive a Ratings Decision or, if you have had review by a DRO and are unsatisfied with the result.
(6) Appeal to the U.S. Court of Appeals for Veterans’ Claims (CAVC)
If a veteran is not satisfied with the results from the BVA, the next step is an appeal to the U.S. Court of Appeals for Veterans’ Claims (CAVC). This court does not accept any new evidence. It looks at the prior evidence to make its decision.
How Much does the VA pay?
The amount of benefit differs, depending on how disabled you are. Please consult the compensation tables at: http://www.vba.va.gov/bln/21/rates/comp01.htm
You may be paid additional amounts if:
- you have very severe disabilities or loss of limb(s)
- you have a spouse, child(ren), or dependent parent(s)
- you have a seriously disabled spouse
Is Veterans’ Disability Compensation Taxable?
No, the benefits are tax-free.
Can I get Both Social Security Disability and Veterans’ Disability Compensation?
The two disability benefit programs are completely separate. You can receive disability benefits from the Social Security Administration as well as receive disability benefits from the Veteran’s Administration. There is NO offset! Please note: The answer is not the same for VA retirement benefits or for SSI benefits rather than SSD benefits.
Special Medical Conditions
Post-Traumatic Stress Disorder (PTSD)
The requirements for a service-connected claim for PTSD are:
- A current diagnosis of PTSD
- Credible supporting evidence that the cause of the PTSD actually occurred
- Medical evidence of a nexus between the current problems and the claimed cause
Traumatic Brain Injury (TBI)
The requirements for a service-connected claim for TBI are:
- A current diagnosis of a TBI
- Credible supporting evidence that the cause of the TBI actually occurred
- Medical evidence of a nexus between the current problems and the claimed cause
Agent Orange related conditions
There are two key presumptions here:
- If a veteran served in Vietnam during August 5, 1964 through May 7, 1975, exposure to AO is presumed.
- If a veteran was exposed to AO and now has one of a number of illnesses, including Diabetes II, prostate cancer and others, it will be presumed that the AO exposure caused the condition and the condition will be service-connected.
Choosing a Lawyer to Represent You
What kind of lawyer should I choose to represent me?
First of all, make sure that the lawyer you use is accredited by the VA. Find a lawyer who understands and has experience in a veterans disability benefits practice. It's a unique area of the law and requires special study. We also recommend that you choose a lawyer who is a member of the National Organization of Veterans Advocates (NOVA), because that means they have access to national resources and the most up-to-date changes in the law and regulations. You can visit NOVA's website to find lawyers in your state. http://www.vetadvocates.org/
Does my lawyer need to be in Washington D.C. ?
No, absolutely not. Initially you will probably feel most comfortable if you can meet your lawyer in person. If you choose to work with a Decision Review Officer, that person will be in your home state and your attorney can accompany you to that meeting. If your case proceeds to higher levels of review, the work of representing you is done over the Internet, by mail and even by telephone conferences. The U.S. Court of Appeals for Veterans Claims is unique in conducting business through pleadings filed electronically and in its use of telephone conferences. Therefore your attorney doesn't need to be in Washington, D.C.
Getting Copies of Your DD214
You can request copies of your military personnel records, including your DD214 by going to http://www.archives.gov/veterans/military-service-records/