To qualify for VA Disability benefits, you must have active military service, a current physical or mental health condition, and a service connection linking your condition to your service.
Wettermark Keith has spent years helping the people who served get the benefits they earned. If you need to file a claim with the Department of Veterans Affairs (VA), our veterans disability lawyers can guide you through the process and help maximize your odds of approval.
What Are the Requirements for VA Disability Benefits?
To qualify for VA Disability compensation, you generally need to meet three core requirements:
- A current diagnosed condition: You must have a physical or mental health condition that has been confirmed by a medical professional.
- A qualifying period of service: You must have served on active duty, active duty for training, or inactive duty training.
- A service connection: There must be a link between your current condition and something that happened during your service.
A VA Disability attorney from Wettermark Keith can evaluate your situation and determine whether you are eligible for benefits.
What Conditions Qualify for VA Disability?
The VA recognizes a wide variety of service-connected physical and mental health conditions. Some disabilities result from a single traumatic event, while others develop gradually over years of military service.
Common qualifying conditions include:
- Post-traumatic stress disorder (PTSD)
- Depression and anxiety disorders
- Traumatic brain injuries (TBIs)
- Hearing loss
- Tinnitus
- Chronic back pain
- Neck injuries
- Knee injuries
- Shoulder injuries
- Hip injuries
- Arthritis
- Sleep apnea
- Migraines
- Asthma
- Chronic respiratory illnesses
- Conditions linked to toxic exposure
- Cancers associated with your military service
- Neurological disorders
If you can connect one or more of these conditions to your service, you may qualify for benefits.
For a free legal consultation,
call (833) 588-9009 today
Does Your Discharge Status Matter?
Yes, the type of discharge you receive can significantly affect your eligibility for VA Disability benefits. Generally, if you received an honorable discharge or a general discharge under honorable conditions, you will qualify for benefits as long as you meet the other eligibility requirements.
If you received a dishonorable, bad conduct, or Other Than Honorable (OTH) discharge, it may be more difficult for you to obtain benefits.
What Types of Evidence Do You Need to Qualify?
Strong evidence can significantly improve your chances of obtaining VA Disability compensation.
Helpful types of evidence may include:
- Service treatment records
- Military personnel records
- Private medical records
- VA medical records
- Diagnostic imaging
- Laboratory test results
- Physician opinions
- Disability Benefits Questionnaires (DBQs)
- Statements from family members
- Statements from fellow service members
- Employment records showing work limitations
A lawyer from Wettermark Keith can help gather evidence that supports your claim.
Types of Service Connections
The VA recognizes four main types of service connections.
They are:
- Direct service connection: Your injury or illness was caused directly by a specific event or exposure during active duty.
- Presumptive service connection: For certain conditions, the VA assumes the connection based on where and when you served. If you were exposed to Agent Orange, burn pits, or contaminated water at Camp Lejeune, you may fall into this category.
- Secondary service connection: Sometimes, a new or separate disability is caused or made worse by an already approved service-connected condition.
- Aggravated conditions: You had a pre-existing medical issue before joining the military, and your active service made that condition worse.
Why Do VA Disability Claims Get Denied?
Some of the most common reasons VA Disability claims are denied include:
- No current diagnosis: The VA generally requires medical evidence showing that you have a current physical or mental health condition.
- Insufficient evidence of service connection: You must show that your disability was caused or aggravated by your military service.
- Incomplete medical records: Missing treatment records, diagnostic tests, or physician opinions can make it difficult for the VA to evaluate your condition.
- Lack of supporting documentation: Service records, buddy statements, and other evidence may be needed to verify when or how your injury or illness occurred.
- Missed C&P examination: Failing to attend a scheduled Compensation and Pension (C&P) exam without a valid reason may result in a denial.
- Errors on the application: Missing information, inconsistent statements, or incomplete forms can delay the claims process or even lead to a denial.
A denial does not necessarily mean you are not entitled to benefits. If your disability application gets denied, an attorney from Wettermark Keith can help you pursue an appeal.
Click to contact our va disability lawyer today
How Does the VA Rate Disabilities?
After determining that your disability is service-connected, the VA will assign you a disability rating. Ratings range from 0% to 100% in increments of 10%. The rating reflects the severity of your condition and how much it affects your earning capacity and daily life.
Higher disability ratings generally result in higher monthly compensation. The VA may also increase or decrease your rating over time if your condition significantly improves or worsens.
Can You Receive Benefits for More Than One Disability?
Yes, you can receive benefits for more than one service-connected disability. Many veterans have multiple conditions that qualify for compensation.
The VA evaluates each of your disabilities individually and combines the ratings to determine your overall disability percentage. Your total combined disability rating cannot exceed 100%.
Complete a Free Case Evaluation Form Now
Talk to a Veterans Disability Lawyer
The VA Disability application process can be overwhelming. If you intend to file a claim, a veterans disability attorney from Wettermark Keith can confirm your eligibility, collect supporting evidence, and advocate for you every step of the way.
Schedule a free consultation to find out if you are eligible for benefits.
Call or text (833) 588-9009 or fill out our Free Case Evaluation Form to get started