Introduction
For veterans who have sustained injuries or developed medical conditions as a result of their military service, disability compensation can be a valuable financial resource. This tax-free benefit is designed to help veterans cover the costs of medical treatment, rehabilitation, and daily living expenses. Navigating the application process can be challenging, but this comprehensive guide will walk you through each step of applying for disability compensation as a veteran.
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Determine Your Eligibility
Before you begin the application process, you’ll need to determine if you’re eligible for disability compensation.
You might qualify for VA disability benefits or compensation if you fulfill both of these criteria:
Both of the following must be accurate:
- You are currently experiencing a mental or physical illness or injury (referred to as a condition), AND
- You served on active duty, active duty for training, or inactive duty training
Additionally, at least one of these must apply:
- You developed an illness or sustained an injury during your military service, and you can establish a connection between this condition and your illness or injury (known as an in-service disability claim), OR
- You had a pre-existing illness or injury before enlisting in the military, and your service exacerbated it (referred to as a pre-service disability claim), or c. You have a disability associated with your active-duty service that didn’t manifest until after your service concluded (known as a post-service disability claim)
Presumptive Conditions
For some conditions, the VA automatically assumes (or “presumes”) that your service caused your condition. They call these presumptive conditions. If you have a presumptive condition, you don’t need to prove that your service caused the condition. You only need to meet the service requirements for the presumption.
Find out more about these categories of presumptive conditions below:
- A chronic (long-lasting) illness that appears within 1 year after discharge
- An illness caused by contact with contaminants (toxic chemicals) or other hazardous materials
- An illness caused by your time spent as a prisoner of war (POW)
If you’ve received an “Other Than Honorable”, “Bad Conduct”, or “Dishonorable Discharge”, you may not be eligible for VA disability benefits.
There are 2 ways you can try to qualify:
- Find out how to apply for a discharge upgrade
- Learn about the VA Character of Discharge review process
Gather Necessary Documentation
To support your claim, you’ll need to provide documentation that verifies your military service, medical condition, and its connection to your service. Collect the following documents before you start your application:
- VA Medical Records & Related Hospital Records: These could relate to your claimed illnesses or injuries or they could show that your rated disability has gotten worse.
- Private Medical Records and Hospital Reports: These could relate to your claimed illnesses or injuries or they could show that your disability has gotten worse.
- Supporting Statements: These could be from family members, friends, clergy members, law enforcement personnel, or people you served with. These statements could tell us more about your claimed condition and how and when it happened or how it got worse.
- Gather Any Additional Evidence: (Supporting documents) you’ll submit yourself when you file your VA disability claim. The VA encourages you to send in all your supporting documents along with your claim. This will help them process your claim quickly as a fully developed claim
Learn More About The Evidence the VA Will Need For Your Claim
Understand the VA Disability Rating System
The Department of Veterans Affairs (VA) uses a disability rating system to determine the severity of your condition and the amount of compensation you’ll receive. Ratings range from 0% to 100% in increments of 10%. Your rating will be based on the severity of your condition, how it affects your ability to work, and the overall impact it has on your daily life. The higher your rating, the more compensation you’ll receive.
The VA Bases Your Rating On:
- The evidence you give us (like a doctor’s report or medical test results), AND
- The results of your VA claim exam (also called a compensation and pension, or C&P, exam), if we determine you need this exam, AND
- Other information we may get from other sources (like federal agencies)
If you have multiple disability ratings, the VA uses a special calculation to determine your combined VA disability rating. Calculating your combined disability rating involves more than adding up your individual ratings. That’s why your combined rating may be different from the sum of your individual ratings.
File Your Disability Claim
You have several options for filing your disability claim:
- Online: Visit the VA’s website (va.gov/disability) and create an account. From there, you can complete and submit the VA Form 21-526EZ, the Application for Disability Compensation and Related Compensation Benefits.
- By mail: Complete the VA Form 21-526EZ and mail it to your local VA Regional Office.
- In person: Visit a VA Regional Office, where a representative can help you complete and submit your claim.
- With a Veterans Service Organization (VSO): Many VSOs, such as the American Legion, Disabled American Veterans (DAV), and Veterans of Foreign Wars (VFW), can assist you with filing your claim.
Learn about what happens after you file your VA claim.
Attend a Compensation & Pension (C&P) Exam
After you submit your claim, the VA may request that you attend a Compensation & Pension (C&P) exam. This exam is conducted by a VA healthcare provider or a VA-contracted provider to assess the severity of your condition and its impact on your daily life. The results of this exam play a significant role in determining your disability rating.
Learn more about the VA claim exam (C&P exam).
Receive Your Decision
Once the VA has reviewed your claim and the results of your C&P exam, they’ll issue a decision on your disability claim. This decision will include your disability rating, the amount of compensation you’ll receive, and the effective date of your benefits. If you disagree with the VA’s decision, you have the right to appeal.
Appeal the Decision (If Necessary)
If you’re not satisfied with the VA’s decision, you can file an appeal. There are several options for appealing a disability claim decision:
- Request a Higher-Level Review: A more experienced VA adjudicator will review your claim and make a new decision.
- File a Supplemental Claim: You can submit new evidence
- File a Supplemental Claim: You can submit new evidence to support your claim, and a VA adjudicator will review your case again.
- Appeal to the Board of Veterans’ Appeals: If you’re still not satisfied with the decision after the Higher-Level Review or Supplemental Claim, you can appeal directly to the Board of Veterans’ Appeals. You can choose between three options: direct review, evidence submission, or a hearing with a Veterans Law Judge.
Keep in mind that the appeals process can be lengthy, so it’s essential to provide as much relevant evidence as possible when you first submit your claim to increase your chances of a favorable decision.
Maintain Your Benefits
Once your claim is approved, it’s essential to maintain your benefits by keeping the VA informed of any changes in your medical condition, financial situation, or personal information. If your condition worsens, you may be eligible for an increased disability rating and higher compensation.
You can request an increase by filing a new claim and providing updated medical evidence.
Learn more about managing your VA disability benefits.
Conclusion
Applying for disability compensation as a veteran can be a complex process, but understanding the steps involved can help you navigate it more effectively. By gathering the necessary documentation, filing your claim through the appropriate channels, attending any required C&P exams, and appealing if necessary, you can maximize your chances of receiving the benefits you deserve. Remember that organizations like Veterans Service Organizations (VSOs) are available to help you through the process, offering guidance and support to ensure you receive the compensation you’re entitled to.