After leaving the armed forces, Veterans often face a variety of medical conditions they picked up during their service. These conditions can cause real difficulty when finding and maintaining a job outside the military. That’s where VA Disability comes in, offering support for Veterans whether they are mildly affected, or completely disabled. Veterans who work for the federal government may also combine VA Disability with Federal Disability Retirement if a medical condition is preventing them from being able to do at least one of their essential job functions well.
Use the jump links below or scroll through to find answers to common questions, or give us a call to discuss over the phone.
- What is VA Disability Compensation?
- Who’s eligible for VA Disability Compensation?
- How to apply for VAD?
- What is the VAD Process?
- What kinds of VAD are there?
- How long does it take to get a rating decision?
- VAD Denial and Appeals
- Can I get VAD and Federal Disability Retirement at the same time?
VAD Basics
What is VA Disability Compensation?
VA disability compensation, or VAD, is a monthly payment to Veterans whose physical or mental conditions are caused or worsened by their military service. It’s a tax-free benefit and can be combined with other federal benefit without offsets.
It’s designed to make up for decreased ability to make money. Basically, if a veteran makes less money because of their service-connected medical condition, VA Disability Compensation makes up for that.
Who’s eligible for VA Disability Compensation?
VAD is available to you if you served on active duty in any branch of the U.S. Armed Forces. It may also be available if you served on active duty for training (ACDUTRA) or inactive duty for training (INACDUTRA).
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- If your discharge from service was dishonorable, you generally can’t get these benefits.
- If your discharge was dishonorable, it’s sometimes possible to get benefits by applying for a discharge upgrade or asking for a VA character of discharge determination. A character of discharge determination is the process the VA uses to decide if you can be considered a veteran for the purposes of getting VA Disability Compensation.
How to apply for VAD?
If you are filing for a new condition, you’ll start by filing a VA Form 21-526EZ – this takes about 25 minutes.
To file this form, you can get free help.
What is the VAD Process?
- After your complete application is filed, VA will ask you to let them know if you use any private healthcare providers. If you do, VA will gather medical records from your private providers.
- Once VA receives all of your medical records, VA will request a Compensation and Pension (C&P) exam. To qualify for a C&P examination, there must be evidence you have a condition and evidence the condition may be related to your military service.
- During your C&P exam, an examiner will interview you and fill out a Disability Benefits Questionnaire (DBQ). The DBQ is the tool VA uses to determine how severe your disability is.
- If a medical opinion is needed, the examiner will also offer an opinion as to whether your disability is related to your military service.
What kinds of VAD are there?
After getting the completed DBQ and medical opinion, VA will make a decision on your claim. If VA finds your disability is service connected, they’ll assign an effective date and a rating for the disability. The disability rating measures how much your service-connected disability decreases your earning ability.
- An award for a Total Disability Rating based upon Individual Unemployability, or a TDIU, is an increased rating claim. It’s for Veterans who aren’t rated at 100% but aren’t able to work or keep a job because of their service-connected disabilities. To qualify, you need to meet the schedular rating for a TDIU, and VA needs to find you unable to keep a steady job where you make enough to live on. Specifically, you have to be below the federal poverty line for one person.
- Special Monthly Compensation, or SMC, is compensation added on top of your disability rating for severe and specific service-connected disabilities.
- Veterans also qualify for many benefits like healthcare, education-related benefits, and insurance plans, to name a few.
How long does it take to get a rating decision?
Wait times vary, but after your C&P exam, it might take anywhere from a week to a few months for VA to make a rating decision.
VAD Denial and Appeals
When you get a decision, if VA denies your service connection, gives you a lower rating than expected, or gives you the wrong effective date, you have the right to appeal the decision.
To keep the earliest possible effective date, you need to file an appeal within one year of your decision. This is called a continuous pursuit. It protects your effective date, which means you can get the most backpay you’re entitled to.
VAD and Disability Retirement
Can I get VAD and Federal Disability Retirement at the same time?
VA Disability benefits can be combined with other federal benefits without offsets. For example, you could receive monthly payments from Federal Disability Retirement and VA Disability benefits without reducing either benefit. That means if you’re receiving a monthly annuity payment for Disability Retirement, you can also receive your VA Disability benefit. This is true even if it’s for the same medical condition. So, you’d take home all your Disability Retirement money and your VA Disability money
If you have more questions, give us a call today for a free consultation!
