For veterans who were injured during their active duty service, the Department of Veteran Affairs (VA) provides tax-free monthly disability payments. Eligible veterans can apply for disability benefits at their local VA office or on VA.gov. The type of claim a veteran chooses to file depends on their specific situation. There are six types of VA disability claims.
Types of VA Disability Claims
- Original Claim
- New Claim
- Increased Claim
- Secondary Claim
- Supplemental Claim
- Special Claim
Disability claims are typically submitted online, along with any military and medical documents related to their condition. VA disability benefits can be awarded to veterans who have a physical or mental health condition, provided it can be demonstrated that the condition was caused or aggravated by their military service.
How Does VA Disability Work?
VA disability compensation is a benefit that provides tax-free monthly payments to veterans who have suffered injuries or illnesses during active duty military service or whose medical conditions worsened due to their service. If eligible, veterans must submit a disability claim either online or at their local VA regional office. It may be beneficial to get help from a Veteran Service Organization to guide the application process.
If approved, veterans are assigned a VA disability rating that determines their monthly compensation amount. The rates are adjusted yearly to match the percentage living adjustment increase made by the Social Security Administration to Social Security benefits.
If the VA denies a disability claim, the veteran can appeal the decision with the help of a disability lawyer or other trained professional. Additionally, disabled veterans may be eligible for other VA-sponsored benefits, such as health care, special monthly compensation, housing grants, and employment services.
Veterans who meet the requirements for both VA disability and Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) can apply for both programs. Since both the VA and SSA are federal organizations, social security applications can be fast-tracked, and documents may be shared between them both.
Eligibility Requirements for VA Disability Benefits
To qualify for VA disability benefits, there are a few basic requirements.
First, you must currently have a physical or mental condition and have served on active duty, including active duty for training and inactive duty.
You must also meet one of the following criteria:
- Your illness or injury is directly related to your military service
- An illness or injury you had prior to entering the military got worse due to your service
- You have an illness caused by military service that did not appear until after you left active duty
The VA has identified a list of conditions that are automatically considered service-connected, known as presumptive conditions or presumptive disabilities. These conditions, many of which are invisible disabilities, are often the result of toxic exposure to environmental or chemical hazards.
The key to a successful disability claim is proving the link between your medical condition and your time in service. Without compelling evidence that your condition is connected to your military service, the likelihood of approval for benefits is low.
Applying for VA Disability Benefits
To apply for VA disability benefits, you have the option of submitting your application online, through the mail, or in person at a local VA regional office. To avoid delays or being denied, it’s important to fully and accurately complete the VA Form 21-526EZ.
In addition to the application, you will need to provide evidence that proves your medical condition is a service-connected disability.
Acceptable evidence includes:
- Medical records from private medical facilities related to your condition, including treatment notes, test results, exams, X-rays, etc.
- VA medical records
- Military treatment facility records related to your condition
- Military personnel records such as orders, discharge paperwork, DD214
- Nexus letters from medical experts (as needed)
- Statements from witnesses, friends, supervisors, and family members who can provide details on your condition or what happened to cause or worsen your condition
After the VA receives your completed disability claim application, it will be assigned an effective date, which becomes your benefit eligibility date if the claim is approved. The VA may require you to attend a VA Claim Exam (C&P exam) if they determine that more information is needed.
Types of VA Disability Claims
There are six types of VA disability claims, and the type of claim to file depends on the individual veteran’s situation. While the application process for each claim is mostly the same, there are slight variations. Here are the six types of claims:
Original Claim
The original claim is the first disability claim that a veteran files. This claim can be filed while still on active duty or after separation.
New Claim
A new claim is filed when a veteran requests more benefits for an existing service-connected disability, such as special monthly compensation or higher compensation due to loss of ability to work.
Increased Claim
If a veteran’s medical condition has worsened since their initial disability compensation award, they can file an increased claim to reevaluate their rating and increase their monthly payments.
Secondary Claim
A secondary claim is filed when another medical condition develops due to a service-connected disability.
Supplemental Claim
A supplemental claim is filed when new evidence is received to support a previously denied claim. To be eligible for a supplemental claim, the original claim decision must not have been appealed, and new medical evidence related to the disability must be presented.
Special Claim
A special claim is used to request compensation for a service-connected disability that doesn’t fit into any of the other categories. It can also be filed for expenses resulting from a service-connected disability, such as adaptive equipment or temporary assistance for missed work or recovery time.
Appealing a VA Disability Decision
If you don’t agree with the VA’s decision on your disability claim, you can appeal it. The appeals process changed in February 2019 for all decisions made after that date, and now has three review options. If your appeal is denied, you can try another review option.
Supplemental Claim Review
If you have new evidence that can help get your claim approved, you can choose the supplemental claim review option. Submit a supplemental claim using VA Form 20-0995 along with the new evidence. The VA can help you collect evidence from federal agencies, like the VA or SSA, and get documents from private physicians with your authorization.
Supplemental claims typically take about 4-5 months to process. If your supplemental claim is denied, you can request a higher-level review or board appeal. You can also submit another supplemental claim if you’ve gathered new evidence since submitting the first one.
Higher-Level Review
You can request a higher-level review if you want your case to be reviewed by a senior examiner. This examiner will assess your claim and decide whether to affirm or overturn the original decision. You won’t submit new evidence for a higher-level review. The examiner’s decision is based solely on the information that was originally submitted with the claim.
You can select this option within a year of the decision on an original or supplemental claim. However, you can’t use a higher-level review to appeal a decision given by a Board Appeal. If your claim is denied at this level, you can’t ask for another higher-level review.
You can submit your request for a higher-level review online, by mail, or in person. During the review process, you’ll have a conference with the examiner to explain your case and any errors you believe exist with the claim denial. It’s advisable to consult with a VA disability attorney at this stage to help you prepare for the conference.
Board Appeal
When you file a Board Appeal, your case is decided by a Veterans Law Judge at the Board of Veterans’ Appeals. It’s important to consider all options for a Board Appeal and seek advice from a disability attorney.
The three options for a Board Appeal include a direct review, where new evidence cannot be submitted, or a hearing attended. The third option is to submit new evidence for the judge to review. You can also participate in a hearing with the Veterans Law Judge to explain your case and submit new evidence.
The Board Appeals process typically takes a year to complete. A Board Appeal can be requested after a denial of the original claim, supplemental claim, or Higher-Level Review. If you disagree with the decision made by the Board Appeal, you can file a supplemental claim with new evidence or appeal to the U.S. Court of Appeals for Veterans Claims.
VA Disability Benefits
VA disability is a tax-free benefit for veterans with injuries or illnesses due to their military service. The monthly payments increase yearly to match cost of living adjustments, and the amount depends on the VA disability rating. There are six claim types that veterans can file: original, new, increased, secondary, supplemental, and special. These claims have specific purposes depending on the claimant’s stage in the process.
In addition to disability compensation, disabled veterans may qualify for other benefits like employment services, financial assistance, and VA home loans. Surviving family members of a disabled veteran may also receive survivor and dependent benefits.
Although veterans can apply for VA disability compensation on their own, consulting with a VA disability attorney is recommended. These experts have experience with VA disability cases and knowledge of the law which can help you win your claim.