For disability compensation
resulting from personal injury suffered or disease contracted in line of duty, or for aggravation of a preexisting injury
suffered or disease contracted in line of duty, in the active military, naval, or air service, during a period of war, the
United States will pay to any veteran thus disabled and who was discharged or released under conditions other than dishonorable
from the period of service in which said injury or disease was incurred, or preexisting injury or disease was aggravated,
compensation as provided in this subchapter, but no compensation shall be paid if the disability is a result of the veteran's
own willful misconduct or abuse of alcohol or drugs.
|There are a number of ways veterans can get Veterans Affairs
(VA) service-connected disability compensation: 1.) Presumptive, 2.) Secondary, 3.) Aggravation and 4.) Direct.
Let’s take a look at the distinction between the four types of service-connected disabilities as defined by the
Presumptive: Service-connection is given for disabilities that were not diagnosed on active duty, but are “presumed”
to have begun in service. For certain select disabilities, if they manifest to a compensable degree (warrants at least a 10
percent rating) within one year of leaving active duty, a veteran can still get service-connection for them. The one-year
presumptive conditions include hypertension, arthritis and diabetes, among several others, all listed in Code of Federal Regulations
(CFR) 38, 3.309. There are also a few disabilities with longer presumptive periods, such as multiple sclerosis, which is seven
There are also presumptive disabilities that will
be granted if a veteran gets them anytime in his life, such as those exposed to herbicides in Vietnam (and in some cases,
Thailand, Laos or Korea), as well as for radiation-exposed veterans, tropical diseases, diseases specific to former POWs and
Gulf War illnesses, with various criteria needing to be met in order to be granted service-connection. Any veteran of any
service period who gets amyotrophic lateral sclerosis (ALS), also known as Lou Gehrig’s disease, will also be granted
service-connected disability for this condition.
a veteran’s service-connected disability causes a separate disability at any time in his lifetime, he/she can claim
the new condition as secondary to the service-connected disability. For example, if a veteran is service-connected for lumbar
spine degenerative disc disease and then develops radiculopathy (pain, numbness and/or tingling in one or both lower extremities
from the lumbar disks pressing on a nerve), he/she can claim this new disability by stating it is secondary to the service-connected
lumbar spine and providing medical evidence that he has been diagnosed/treated for the new, chronic condition.
Aggravation: If a veteran enters service with a documented, chronic disability such as flat feet
or hearing loss, he/she can still get service-connected for the disability, but only if the condition was “aggravated”
while in military service, meaning it got measurably worse during active duty, unless the worsening is a “natural”
progression of the condition.
Direct: Service-connection is granted on a direct basis for a disease or disability that was first diagnosed
as a chronic condition on active duty that the veteran will continue to have throughout his/her lifetime. The condition must
be chronic and not “acute or transitory,” such as a one-time sprained ankle that heals with no residual problems.
Generally, there must be evidence in military service medical records of a diagnosis. Notes of only pain or other symptoms
are not the same as an official diagnosis supported by such things as medical evaluations, scans or X-rays, as determined
by a medical professional. It’s never too late to file a claim for direct service-connection, as long as the service
medical records show the diagnosis and the veteran provides current medical evidence that he/she still has, or is being treated
for, the same condition.
For the purpose of the VA, disability compensation is granted only for conditions that arise during
active duty. If someone serves only in the National Guard or Reserves and never has a period of being called to active duty,
the only disabilities he/she can claim would be injuries that occurred during weekend drills or annual training. To claim
such an injury, one must provide a Line of Duty report of the injury, along with a diagnosis of the chronic disability, and
medical records from military medical professionals.
Stressor Letter Templates
If you do not have a "Combat MOS/AFSC", a Purple Heart, a Combat Infantry
Badge or a medal for valor how can you prove that you have experienced a traumatic event strong enough to produce Post Traumatic
Stress Disorder (PTSD)? The Stressor Letter can help. This powerful evidence letter is broken down into three parts
for the VA's use. They are called "The Three Life system." Click link below.
VA's Alarming Denial Rate
According to a new report, veterans are being refused benefits at the highest rate since
the system was created at the end of World War II. The report maintains more than
125,000 Iraq and Afghanistan veterans have what are known as “bad paper” discharges that preclude them from receiving
report for the first time compared 70 years of data from the Departments of Defense and Veterans Affairs. It found that veterans
who served after 2001 were nearly twice as likely as those who served during Vietnam to be barred from benefits, and four
times as likely as men and women who served during World War II.
See Full Report
No longer will you have to carry around your DD Form 214 as proof of
your military service. The Veteran ID Card will quickly establish you as a veteran, along with other essential benefits.