Service Connected Compensation
Service Connected Compensation
Your ability to receive Veterans Disability Compensation along with many other benefits administered by the VA depends in large part on whether your disability(y)ies are “service-connected.” Service connection generally means that a chronic disability arose coincidental with military service. The wartime period in which you served may have specific disabling conditions that have been identified as being service-connected. The four most common avenues to service connection are:
1. Direct – the condition was caused by service.
2. Secondary – the condition was caused by or aggravated by service connected disability.
3. Aggravation – the condition was made worse as a result of military service.
4. Presumptive – the condition is caused by or the result of an exposure to a substance like herbicide agents, nerve gas, or radiation during military service.
Veterans who now suffer with an acquired psychiatric condition attributed to their military service (even if not documented or treated several years post service) and served in a war zone, witnessed something horrible, or were the victim of personal assault are entitled to service connection. These are some of the most difficult cases to win and frequently the VA applies a higher threshold then required by law to these cases making it even tougher. Too many of these veterans give up. Gumpslegal Veterans Service can help.
Each disability found to be service connected is assigned an evaluation in increments of 10% starting at 0% up to 100%. These disabilities are then combined (not added) with other service connected disabilities to arrive at a combined evaluation, which corresponds with the VA Compensation Rates table awarding monthly compensation. Additional compensation is extended when a veteran has a combined rating or 30% or more for dependents.
There are several benefits administered by the VA to include medical, educational, and home loan guarantee certificates. More of these benefits become available as your combined rating increases. For example, the surviving spouse of a veteran rated at 100% to include individual unemployability for 10 years or more prior to his death would be entitled to dependency indemnity compensation.
To often, veterans will accept the VA’s assigned evaluations. A skilled advocate can review these evaluations and consider in context of your situation to determine if it’s a fair evaluation provided under the current regulation. Some disabilities, like tinnitus and hearing loss have a very objective criteria and therefore, are generally correct. Other disabilities are more subjective in nature, like an acquired psychiatric disorder (for example PTSD, anxiety, or depression) residuals of traumatic brain injury, or complications related to diabetes and are frequently incorrect. Gumpslegal Veterans Service can help you determine whether the evaluations are correct and if not, assist you in pursuing the proper evaluation through the appeals process.
The Veterans Administration (VA) provides disability compensation for deserving veterans who have disabilities related to their military service. These conditions include those that developed while serving in the military that were not caused by active duty, and conditions that were caused or exasperated by military service.
The Veterans Administration recognizes the following list of conditions as having developed in veterans because of their active service in the military. If you believe you have a service-connected condition, you may be eligible for disability compensation benefits.
- Post-Traumatic Stress Disorder
- Traumatic Brain Injury
- Chronic Diseases diagnosed after service
- Amyotrophic Laterial Sclerosis
- Radiation Related Diseases
- Agent Orange Related Diseases
Post Traumatic Stress Disorder (PTSD):
Post-Traumatic Stress Disorder (PTSD) is an acquired psychiatric condition that results after a person has experienced a traumatic event or stressor, like stressors consistent with combat service or personal trauma due to rape or physical assault. The condition can manifest immediately following the stressor or have a delayed onset even years after the stressor.
Service connection for PTSD requires the confirmation of three elements of law. A confirmed diagnosis of the condition, a verified stressor, and a link between the current diagnosis and the in-service stressor.
A veteran that served in a combat has a lower threshold to verify a stressor as it is presumed in cases where certain awards were earned like a Purple Heart Medal, Combat Infantryman’s Badge (CIB) or Combat Action Ribbon (CAR). The minimum threshold to establish a stressor for a veteran who served in a combat zone is to confirm that the unit in which he was assigned engaged with hostile forces at the time he was known to have been attached to that unit. Recently, VA regulations allow confirmation of the stressor will be found when a VA psychologist or psychiatrist opines that the veteran’s reported stressor is consistent with the circumstances of their service.
A veteran who claims their stressor is due to personal assault have a higher threshold to establish a stressor. The VA must investigate for any markers that one would expect after experiencing the event. For example, a veteran who claims to have been raped, certain markers would include report to a medical treatment facility and request a rape kit, to be tested for STD, or a pregnancy test. Other markers might include a request for a transfer from the unit or to be discharged from the service all together. And still other markers include decrease in performance evaluations or an increase in disciplinary problems. All too often, these veterans get discouraged and give up with the process.
We have successfully litigated hundreds of PTSD cases.
Traumatic Brain Injury (TBI):
A growing number of veterans are coming forward with complaints consistent with Traumatic Brain Injury (TBI). The TBI can be obvious, like being knocked unconscious from being proximate to an explosion while others are not so obvious, where the veteran may have been proximate to an explosion but wasn’t unconscious and never really sought treatment. The VA has extended on a presumptive basis that service connection is in order for a veteran known to have suffered a TBI during military service and later develops dementia, Parkinson’s disease, or a seizure disorder.
If diagnosed within one year of separation from service
- Anemia, primary
- Atrophy, Progressive Muscular
- Brain Hemorrhage
- Brain Thrombosis
- Calculi of the kidney, bladder, or gallbladder
- Cardiovascular-renal disease, including hypertension
- Cirrhosis of the liver
- Diabetes mellitus
- Encephalitis lethargic residuals
- Endocarditis (all forms of valvular heart disease)
- Hansen’s disease
- Hodgkin’s disease
- Lupus erythematous, systemic
- Myasthenia gravis
- Other organic diseases of the nervous system
- Osteitis deformans (Paget‟s disease)
- Palsy, bulbar
- Paralysis agitans
- Purpura idiopathic, hemorrhagic
- Raynaud‟s disease
- Sclerosis, amyotrophic lateral
- Sclerosis, multiple
- Thromboangiitis obliterans (Buerger‟s disease)
- Tuberculosis, active
- Tumors, malignant, or of the brain or spinal cord or peripheral nerves
- Ulcers, peptic (gastric or duodenal)
Amyotrophic Lateral Sclerosis (ALS):
If diagnosed anytime after honorable service in excess of 90 days. Compensation benefits are warranted for the veteran or the surviving spouse for the disability or death due to ALS diagnosed anytime after service.
Diseases Specific to Prisoners of War:
If held captive more than 30 days and diagnosed at any time following separation from service
- Any of the anxiety states
- Dysthymic disorder (depressive neurosis)
- Organic residuals of frostbite
- Post-traumatic osteoarthristis
- Atherosclerotic heart disease
- Hypertensive vascular disease
- Hypertensive heart disease
- Myocardial infarction
- Congestive heart failure
- Beriberi (including beriberi heart disease)
- Chronic dysentery
- Other nutritional deficiency
- Irritable bowel syndrome
- Peptic ulcer disease
- Peripheral neuropathy (except if related to infectious causes)
- Cirrhosis of the liver
- Osteoporosis (on or after September 28, 2009)