Veterans Disability Compensation

Outline of disability compensation for veterans and how to apply.

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What is Veterans Disability Compensation?

Veterans Administration (VA) disability compensation provides tax-free monthly payments to veterans who have an illness or injury that was caused by, or got worse because of, active military service. Injuries or illnesses can be physical or mental and can be developed before, during, or after service.

 

Eligibility

You may be eligible for VA disability compensation if you: 

  • have a current illness or injury that affects your mind or body, and
  • you served on active duty, active duty for training, or inactive duty training.

In addition, at least one of the following must be true:

  • In-service disability claim: You got sick or injured while serving in the military and can link this condition to your illness or injury, or
  • Pre-service disability claim: You had an illness or injury before you joined the military and serving made it worse, or
  • Post-service disability claim: You have a disability related to your active-duty service that didn’t appear until after you ended your service.

To be eligible for disability compensation, you must receive a disability rating of 10% or greater. There is no specific duration of service required to be eligible for this benefit.

 

Disability Ratings

The VA assigns a disability rating based on the severity of your disability. Disability ratings are expressed as a percentage. The disability rating percentage represents how much your disability decreases your overall health and ability to function. Disability rating are used to determine how much disability compensation you’ll receive each month, as well as your eligibility for other VA benefits.

If you have multiple disability ratings, the VA uses them to calculate your combined VA disability rating. Calculating a combined disability rating involves more than adding up individual ratings. A combined rating may be different from the sum of the individual ratings.

 

Presumptive conditions

For some conditions, the VA automatically assumes that your service caused your condition. These are called “presumptive conditions.” Categories of presumptive conditions include:

  • A chronic 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 your injury or illness qualifies as a presumptive condition, you do not need to prove that your service caused the condition. You only need to meet the service requirements for the presumption.
 

 

Income Eligibility

There are no income limits for VA disability compensation. Disability compensation is available regardless of your financial situation.  

 

Asset Eligibility

VA disability compensation does not consider your assets when determining eligibility. The focus is solely on the connection between your disability and your military service. 

 

Compensation Rates

The amount of disability compensation that a veteran is entitled to is based on the veteran’s disability rating and number of dependents.  To view a full list of list of compensation rates, see the VA Compensation Rate Table.

 

Applying

 

Appeals

If you disagree with a VA benefit decision, you can choose from 3 decision review options to continue your case:

Supplemental Claim

If you have new evidence relevant to your claim that was not considered in the decision, you can file a Supplemental Claim. A reviewer will examine the new evidence (such as medical records) and decide if this evidence changes the decision. You can file a Supplemental Claim by completing VA Form 20-0995 or submitting your claim through the VA's online system.

Learn more about Supplemental Claims and how to file.

 

Higher-Level Review

If you don’t have new evidence, but believe there was an error in your case, you can request a Higher-Level Review. A higher-level reviewer will review the original decision using the same evidence as before. Higher-level reviewers cannot consider any new evidence. You can request an optional, one-time, informal conference with a higher-level reviewer to identify specific errors in the case. Requesting an informal conference may delay the review. To request a Higher-Level Review, complete VA Form 20-0996 or submit your claim through the VA's online system.

 

Board Appeal

If you would like a Veterans Law Judge at the Board of Veterans’ Appeals to review your case, you can request a Board Appeal. You can only request a Board Appeal after an initial claim, a Supplemental Claim decision, or a Higher-Level Review decision. When you submit your request, you will need to request the type of review you want from the Board:

  • Direct Review - you don’t want to submit evidence or have a hearing
  • Evidence Submission  - you want to submit additional evidence without a hearing
  • Hearing - you want to have a hearing with a Veterans Law Judge (with or without new evidence)

You can request a Board Appeal by completing VA Form 10182 or submitting your claim through the VA's online system.

Learn more about Board Appeals and how to request a review.

 

Sources of Law

 

Source URL: https://www.peoples-law.org/veterans-disability-compensation

List of links present in page
  1. https://www.peoples-law.org/veterans-disability-compensation
  2. #definition
  3. #eligibility
  4. #income
  5. #assets
  6. #rates
  7. #applying
  8. #appeals
  9. #law
  10. https://www.ecfr.gov/current/title-38/chapter-I/part-3/subpart-A/subject-group-ECFR39056aee4e9ff13/section-3.309
  11. https://www.va.gov/disability/compensation-rates/veteran-rates/
  12. https://www.va.gov/disability/how-to-file-claim/
  13. https://www.vba.va.gov/pubs/forms/VBA-21-526EZ-ARE.pdf
  14. https://www.va.gov/find-forms/about-form-20-0995
  15. https://www.va.gov/decision-reviews/supplemental-claim/file-supplemental-claim-form-20-0995/
  16. https://www.va.gov/decision-reviews/supplemental-claim#how-do-i-file-a-supplemental-c
  17. https://www.va.gov/find-forms/about-form-20-0996
  18. https://www.va.gov/decision-reviews/higher-level-review/request-higher-level-review-form-20-0996/start
  19. https://www.va.gov/find-forms/about-form-10182
  20. https://www.va.gov/decision-reviews/board-appeal/request-board-appeal-form-10182
  21. https://www.va.gov/decision-reviews/board-appeal
  22. https://uscode.house.gov/view.xhtml?path=/prelim%40title38/part2/chapter11&edition=prelim
  23. https://www.ecfr.gov/current/title-38/chapter-I/part-3