Disability Compensation

I. Benefit Description

The VA compensation program provides you monthly benefits if you are disabled because of an injury or disease incurred in or aggravated during your military service and for certain conditions which may develop after your release from active duty. Benefits are authorized based upon the severity of your claimed disability(ies). If your service-connected disabilities are evaluated as 30 percent or more, you are entitled to additional allowances for your dependents.

Other Benefits/Payments May Affect Your VA Compensation

Military Retired Pay - By law, the payment of VA compensation benefits is affected by the receipt of military retired pay. If you receive military retirement, you may initiate a waiver of your retired pay to receive the full amount of VA compensation. Until the waiver takes effect, your compensation will be adjusted or withheld depending on the amount of military retired pay you are entitled to. The advantage of waiving military retired pay for VA compensation is that VA benefits are not taxable.

Disability Severance Pay - By law, payment of VA compensation and military disability severance pay for the same medical condition or disability is prohibited. VA compensation will be withheld on a monthly basis until the total amount of military severance pay has been recovered. Special Separation Benefit (SSB) - VA compensation will be withheld in full until the amount of the SSB has been recovered.

Voluntary Separation Incentive (VSI) - Your annual VSI payment will be reduced by an amount equal to the amount of VA compensation paid for the same period.

Selected Reserve and National Guard - By law, if you are an active member of the Selected Reserve or National Guard, your VA compensation will be withheld at the rate of one day of pay for each drill period served. Also, VA compensation is not payable while serving full-time on active duty.

II. Eligibility

You may be entitled to VA disability compensation for any medical condition or injury that was incurred in or aggravated by your military service if you were released from active military duty with an other than dishonorable discharge. There is no time limit to apply for VA disability compensation. However, you are encouraged to apply within one year of your release from active duty as entitlement is established retroactively to the date of separation if your claim is filed within this period. The effective date of eligibility for benefits will be based upon the date of your claim if you apply beyond the one-year period.

III. How to Apply

VA Form 21-526, Veteran's Application for Compensation or Pension.

The following supporting evidence and/or documents should be submitted with your application:

Service Medical Records - Those applicants who have their service medical records are encouraged to submit them with their application to expedite processing. Otherwise, VA will contact the service department to obtain them.

Other Medical Records - Medical records to substantiate any and all treatment by private doctors and hospitals. Dependency Documents - Original or copies of birth and marriage certificates and copies of divorce/death record terminating all of your prior marriages and those of your spouse.

Military Discharge/DD Form 214 - (Copy 4 - Member Copy) Those applicants who have a copy of their DD-214 are encouraged to provide a copy with their claim to expedite processing. Otherwise, VA will attempt to obtain verification from the service department.

IV. Other Related Benefits

Priority Inpatient and Outpatient Medical Care
Prosthetics, Sensory and Rehabilitative Aids
Clothing Allowance
Automobile Grant
Vocational Rehabilitation
Disabled Veterans Life Insurance
Preference for Employment in the Federal Government
Job Finding Assistance
Specially Adapted Housing Grant
Burial Benefits
Dependents Educational Assistance Program
Medical Care for Dependents and Survivors (CHAMPVA)
Certain State and Local Benefits

Requesting An Increase In Your Percentage of Your Existing VA Claim

Request an increase in your percent of disability by filing VA Form 21-4138 "Statement in Support of Claim." You may also use a blank sheet of paper to provide the pertinent information. The first paragraph should read "I am requesting revaluation on my service-connected disability". The veteran need not submit conclusive evidence that a compensable condition has increased in severity. To persuade the VA to authorize a VA examination to assess the severity of the condition, the veteran needs only to submit evidence that leads the VA to conclude there is the "reasonable probability of a valid claim". The VA may accept a private medical statement, a lay statement, even the veteran's own statement that the service-connected disability has increased in severity. Even a sketchy medical statement that the veteran is being treated for the service-connected condition will almost always result in a VA examination. If possibly, the veteran should submit a statement from the treating physician showing the current severity of the condition. The physician should be requested to include the "disability" outlook rather than the "treatment" outlook. For more information contact your local VA Service Office (1-800-827-1000). Use the following language while requesting a REMAND:

"Claimant's claim for service connection for psychiatric and physical disabilities are well grounded pursuant to 38 USCA section 5107 (West 1991). A well grounded claim is a claim that is plausible, that is, meritorious on its own or capable of substantiation. Murphy v. Derwinski, 1 Vet. App. 78 (1990). The VA has a statutory duty to assist the claimant in the deveolpment of evidence pertinent to this claim, in the form of a VA medical Compensation & Pension Exams. Therefore, in accordance with the statory duty to assist the claimant in the development of evidence pertinant to his/her claim, the claimant requests that this case be REMANDED back to the RO for the following actions:

-- A Supplemental VA Compensation & Pension Exam.

Thereafter, this case should be reviewed by the RO. If the benefits sought are not granted, the claimant and his/her representative should be furnished a supplemental statement of the case and an opportunity to respond. The case should then be returned to the Board of Veteran Appeals for further appellate consideration."