Veterans Disability Benefits Under Federal Law
Former members of the U.S. armed forces may be able to receive monthly benefits from the U.S. Department of Veterans Affairs based on an illness or injury that arose during their service, or a service-related aggravation of a pre-existing condition. They also may be able to recover benefits for a condition related to active duty service even if the condition did not emerge until after their service ended. A condition may affect a veteran physically or mentally. Certain illnesses are presumed to qualify as disabilities:
- Chronic illness arising within one year after the veteran was discharged from the military
- Illness caused by contact with toxic chemicals or other hazardous materials
- Illness caused by being a prisoner of war
A veteran must have served on active duty, active duty for training, or inactive duty training to be eligible for benefits. However, they may not be eligible for benefits if they received an other than honorable discharge, or a bad conduct or dishonorable discharge. A veteran in this situation may seek to upgrade their discharge. For example, they might be able to get an upgrade if their discharge was related to post-traumatic stress disorder, brain trauma, sexual trauma, or their sexual orientation. In other cases, a veteran might be able to pursue a character of discharge review. This might result in a finding that their service was honorable for the purpose of getting VA benefits.
Pursuing VA Disability Benefits
If a veteran decides to apply for VA disability benefits, they can bolster their claim by submitting relevant documentation. This may include medical and hospital records, both from VA facilities and from private health care providers. In addition to medical evidence, a veteran might ask family members, friends, veterans who served with them, or other people in their community to provide written statements about their disability and how it affects them. Sometimes the VA may help a veteran collect evidence. A veteran must provide any evidence within one year from when the VA receives the claim. The VA may ask a claimant to undergo an exam to learn more about their condition, or it may ask them to provide more information.
The process of reviewing a claim takes a few months on average, but the waiting time varies depending on the complexity of the claimant’s condition, the type of claim, and any challenges with gathering the necessary evidence. If the VA denies a claim, a veteran can appeal.
Appealing a Denial of VA Disability Benefits
The VA offers three ways to review an unfavorable decision: supplemental claim, higher-level review, and board appeal. First, a veteran may file a supplemental claim if they have new, relevant evidence that the VA did not previously review. Although there is no strict deadline for supplemental claims, a veteran generally should try to file within one year after the date on their decision letter.
The second option, a higher-level review, involves asking a senior reviewer to look at the case to see whether the initial reviewer might have made a mistake. A veteran can request a higher-level review of a decision on an initial or supplemental claim. They generally must request a higher-level review within one year from the date on the decision letter. A veteran cannot ask for a higher-level review if they have already received a higher-level review or board appeal on their claim.
Finally, a veteran can pursue a board appeal, which means that they are asking a Veterans Law Judge at the Board of Veterans’ Appeals to review their case. As with a higher-level review, a veteran generally must request a board appeal within one year from the date on their decision letter. They can ask for a board appeal after an initial claim or either of the other forms of review, although they cannot get multiple board appeals for the same claim.
