Veterans Disability Benefits

The U.S. Department of Veterans Affairs (VA) administers a disability benefits program specifically for disabled veterans. Veterans disability benefits are different from Social Security disability benefits in that veterans who are only partially disabled may be entitled to benefits. However, not every disabled person who happens to be a veteran of the U.S. military is eligible for veterans disability benefits. 

Applying for Veterans Disability Benefits

Who is Eligible for Disability Benefits through the VA?

There are three requirements for VA disability benefit eligibility:

  1. The recipient must have served on active duty, training for active duty, or inactive duty training in the U.S. military 
  2. The recipient must have received a favorable discharge (honorable discharge, medical discharge, or general discharge under honorable conditions) or receive a favorable character of service determination
  3. The disability must be linked to the recipient’s military service, or a pre-existing condition must have worsened as a result of military service

To secure benefits, a veteran must also have a disability rating from the VA. Your disability rating is based on how severe your disability is. To make that determination, the VA requires a claim examination, also known as a C&P exam. But, that’s not the only source of information the VA will consider. You may present evidence yourself, such as medical records, test results, and reports from your doctor. 

If you’re applying for benefits based on a pre-existing condition that was aggravated by military service, the calculation works a bit differently and is more complicated. In this situation, the VA will be seeking to determine your level of aggravation–the percentage of disability attributable to your military service. 

The VA Disability Application Process

You begin by filing a claim with the VA. In some cases, this claim can even be filed online. But, that simplicity is a bit misleading. Many initial claims are denied, and one reason for the frequency of denials is that veterans applying for benefits do not submit adequate evidence and supporting materials. 

If the claim is denied, you have the opportunity to submit additional information or to request review by a higher authority.

What if My Application is Denied? 

Those who are denied benefits have the opportunity to move to another level of consideration. The VA process is unique in that there isn’t a set-in-stone sequence for requesting review or additional consideration when an application has been denied. Instead, the veteran has a choice between a process in which additional evidence is submitted for further consideration or the original application and supporting materials are reviewed by a high authority. 

Which route is more likely to succeed will depend on the specifics of your situation, so it’s best to consult with a veterans benefits attorney before taking that step. 

Talk to a Veterans Disability Benefits Attorney

The VA application and reconsideration/appeal process can be daunting. Give yourself the best opportunity for a positive decision and an appropriate disability rating by working with a veterans disability attorney.  Requests for review and Board Appeals must be initiated within one year of an unfavorable decision. But, you won’t want to delay. The review process typically takes four to five months, so it is in your best interest to move forward as soon as you and your attorney can build a strong case for approval.

The initial consultation is free and there’s no obligation, so you have nothing to lose by educating yourself about your options. Just call (833) 315-6522 or fill out the contact form on this site to get started.