VETERANS DISABILITY FAQs

How do a file a claim?

You can file your disability claim in person by visiting your local VA regional office. You will need to complete VA Form 21-526, Veterans Application for Compensation and/or Pension. You should have the following documentation; it will be needed:

1. Discharge or separation papers (DD214 or equivalent)
2. Dependency records (i.e., marriage and children’s birth certificates)
3. Medical evidence (medical records and evaluations)

ATTORNEY ASSISTANCE

We strongly recommend having an experienced disability attorney or advocate by your side from the start. An experienced attorney or advocate will save you a lot of time and aggravation. We will evaluate your case for free. Call us at (800)331-1127.

How much does the VA pay?

The amount of basic benefit paid ranges, depending on how disabled you are.
Note: You may be paid additional amounts, in certain instances, if:

1. You have very severe disabilities or loss of limb(s)
2. You have a spouse, child(ren) or dependent parent(s)
3. You have a seriously disabled spouse

What do I need to qualify for veterans disability benefits?

1. You need to be disabled.
2. You must have a service-connected mental or physical impairment/diagnosis.
3. You must have been discharged from service under conditions other than dishonorable.

What does it mean to be honorably discharged?

Generally, the veteran must have been “discharged under conditions other than dishonorable.” The military’s discharge characterizations do not correspond to the VA’s definition of discharge.

What happens if I am denied?

A denial of benefits can be discouraging. The two most common reasons for filing an appeal are:

1. the VA denied your claim for what you believe is a service-connected injury or disease, and/or
2. the VA’s rating percentage is not satisfactory.

• If you have been denied benefits or you feel you have received an unjust disability rating, the most important thing to do is to file an appeal. You usually do not want to start a new application because you will put yourself back at square one. The closer you are to a hearing in front of the Board of Veterans’ Appeals (BVA) or the Court of Veterans Claims (CAVC), the better. This means there will be an opportunity to present your claim sooner to a judge.
• Again, we recommend that you seek representation at this point (if you haven’t already done so). Bassett Law Firm, LLC can simplify the appeals process by completing the necessary forms on your behalf, filing the appeal and presenting your case to the BVA or CAVC. Call us for a FREE CONSULTATION and EVALUATION of your case (800)331-1127.

What is a service-connected diagnosis?

The VA compensates a service-connected diagnosis whether the diagnosis arises as a direct result of your military service or is secondarily related to your military service. For example, if you lost your leg while serving in Iraq, this would be a direct service-connected loss. If you became depressed as a result of your amputated leg, this would be a secondary service-connected diagnosis.

What is a VA rating?

1. The VA has a schedule of ratings of reductions in earning capacity attributable to specific injuries or conditions. The ratings are based on the “average impairments of earning capacity resulting from such injuries in civil occupations.” The schedule allows for ratings ranging by tens, from 0%-100%. If there is a question as to which rating the VA should assign to the disability, the veteran is entitled to the higher rating.
2. Sometimes you will receive a rating of 0% service connection. Although you will not receive any compensation for a 0% rating, you have cleared the service-connection hurdle and can appeal for a higher rating.

What is the definition of disability?

Disability is defined as an impairment in earning capacity. The veteran must prove that he/she has a current disability, diagnosis or current disabling residuals from a disease or injury.

What is the definition of service-connected?

“Service-connected” means that the claimed disability was incurred or aggravated in the line of duty in active military, naval or air service. The veteran must show at least a 50% chance of incurrence, occurrence or aggravation of a disease or injury during service. This may be established by medical or, in some circumstances, lay evidence. A link between the claimed in-service disease or injury and the present disability must be established.

What is VA disability compensation?

Disability compensation is a benefit paid to a veteran because of injuries or diseases that happened while on active duty, or were made worse by active military service. It is also paid to certain veterans disabled from VA health care. The benefits are tax-free.

Who is eligible?

You may be eligible for disability compensation if you have a service-related disability and you were discharged under other than dishonorable conditions.