Veterans Disability Lawyer
Veterans Disability FAQs
Frequently asked questions
Clear answers to common questions about VA disability claims, ratings, evidence, C&P examinations, TDIU, appeals, presumptive conditions, and Veterans benefits.
Frequently Asked Questions
Frequently Asked Questions about VA Disability claims and VA disability Benefits
Eligibility generally depends on having a current physical or mental condition and a qualifying connection between that condition and military service. VA recognizes direct service connection, aggravation, certain post-service conditions, and presumptive conditions.
Yes. Veterans can pursue disability compensation after separation when the applicable requirements for service connection are met. A condition diagnosed after service does not automatically prevent a claim.
Depending on the claim, evidence may include VA and private medical records, medical opinions, service treatment and personnel records, military records, and lay or buddy statements describing symptoms and functional effects.
A Compensation and Pension examination may be scheduled when VA needs additional medical information to decide a claim. It can help VA evaluate a condition, its severity, or questions related to service connection. If scheduled, attend and accurately describe your symptoms and limitations.
VA assigns a disability rating based on the severity and functional impact of a service-connected condition under VA's rating schedule. Multiple service-connected disabilities are combined using VA's combined-rating methodology rather than simply adding percentages.
If an already service-connected disability has become worse, a Veteran may be able to file an increased-rating claim. Current medical evidence showing the severity of the condition can be important.
A condition may sometimes be claimed as secondary to another service-connected disability. The evidence generally needs to establish the required relationship between the conditions.
Total Disability based on Individual Unemployability (TDIU) is a VA benefit that can allow an eligible Veteran to receive compensation at the 100% rate when service-connected disabilities prevent substantially gainful employment, even when the combined schedular rating is less than 100%.
Potentially. TDIU is designed for qualifying Veterans whose service-connected disabilities prevent substantially gainful employment. Separate eligibility requirements apply, including evidence concerning service-connected disabilities and employment and education history.
A presumptive condition is one for which VA has established a connection to certain qualifying military service, exposures, or circumstances. When the applicable requirements are met, a Veteran generally does not have to establish the same direct-causation relationship required for a traditional direct-service-connection claim.
Yes. Veterans may pursue VA disability compensation for qualifying mental health conditions, including PTSD and other conditions, when the requirements for service connection and compensation are met. Medical evidence and information about the relationship to service can be important.
Certain Veterans may qualify for presumptions or other benefits related to qualifying toxic exposures, including provisions created or expanded by the PACT Act. Eligibility depends on service, exposure, condition, and applicable VA rules.
If you disagree with a VA decision, you may have Supplemental Claim, Higher-Level Review, or Board Appeal options. The appropriate path depends on the prior decision and the evidence or legal issues involved.
A Supplemental Claim is a decision-review option used to submit new and relevant evidence in support of a previously decided issue. Filing timing can also affect effective-date protections.
Higher-Level Review asks a more senior VA reviewer to review the prior decision based on the evidence already in the record when VA made that decision. New evidence generally cannot be submitted through a Higher-Level Review.
Veterans can file claims on their own, work with a Veterans Service Organization, or choose a VA-accredited attorney or claims agent. Representation can be useful when a case involves complicated evidence, prior denials, rating disputes, effective dates, TDIU, or decision reviews.
RLGVA is built to serve Veterans pursuing VA disability benefits across the United States. If you are considering a claim, increased rating, TDIU matter, or decision review, the first step is to discuss the facts and available legal options for your situation.