Atlanta Bar Association Blog


Posted by: Joette Melendez on Aug 25, 2023

U.S. military service members put their lives on the line for our country. Unfortunately, many become severely injured or disabled while on active duty. Others have preexisting conditions worsened due to the nature of their service. 

To help support U.S. veterans who have become injured, ill, or disabled while serving in the military, the federal government established the VA disability compensation pay program. 

What Are VA Disability Benefits? 

VA disability benefits are monetary funds provided by Veterans’ Affairs (VA) to veterans who have sustained service-related injuries, illnesses, disabilities, and medical conditions. These benefits are tax-free and are provided monthly. 

In addition to disability benefits, VA provides a range of services to veterans, including:

  • Housing assistance, including Specially Adapted Housing (SAH) and Special Housing Adaptation (SHA) grants 
  • Tax-free pensions for low-income wartime veterans
  • Fiduciary services 
  • Assisted living, nursing home placement, and at-home health care
  • Education assistance 
  • Employment assistance through the Veteran Readiness and Employment (VR&E) program
  • Aid and attendance benefits 
  • Housebound allowances

The purpose of VA disability benefits, specifically, is to provide cash to disabled veterans to assist with basic needs, such as food, housing, shelter, clothing, etc. While you must have a qualifying disability to receive VA disability benefits, this is not the case for many of the additional benefits and services listed above.

Who Is Eligible for VA Disability? 

To be eligible for VA disability benefits, you must meet both of the following requirements: 

  • You are a veteran of the U.S. military and served on active duty, active duty for training, or inactive duty for training 
  • You have a medical condition, such as an illness or injury, that affects your physical and/or mental health to the point of being disabling

In addition to these two requirements, you must also meet at least one of the following criteria:

  • You were injured or became ill while serving in the military  
  • You had a preexisting injury or illness that was worsened by your military service 
  • You have a disability related to your military service that appeared after your service ended

An injury, illness, or medical condition is automatically presumed to be a disability if it is chronic and appears within one year after the individual was honorably discharged from the military.

Medical conditions are also presumed to be disabilities if they are caused by exposure to hazardous substances or materials, or if they result from time spent as a prisoner of war (POW). VA disability benefits cover both veterans and certain qualified dependents. 

If an individual was dishonorably discharged, they may not qualify for VA disability benefits (with some exceptions).

Types of Conditions Covered by VA Disability 

VA disability benefits are provided for a wide range of chronic physical and mental health conditions. 

Some examples of common conditions covered by VA disability include: 

  • Respiratory illnesses
  • Hearing damage or loss
  • Cancer 
  • Chronic back pain
  • Lung disease
  • Ulcers
  • Reduced range of motion
  • Scarring and disfigurement 
  • Traumatic brain injuries
  • Cognitive impairment 
  • Depression
  • Anxiety
  • Post-traumatic stress disorder (PTSD)
  • Amount others

The VA Disability Process 

The VA disability process can be broken down into the following steps: 

  • Filing the Claim: After determining that you are eligible for VA disability benefits, the first step in the process is filing your initial claim. It is highly recommended that you submit a “fully developed claim,” rather than a standard claim, as the VA will typically decide on your case faster if you file a fully developed claim online.
  • Veteran Service Representative (VSR) Review: Once you have submitted your claim, a VSR assigned to your case will review your claim. You may be required to submit additional evidence to support your claim at this point. The initial VSR review typically takes anywhere from 7 to 21 business days.
  • Compensation and Pension (C&P) Examination: The VSR will begin gathering evidence, which may include scheduling a C&P exam on your behalf. During this exam, the medical provider will review your health records and other information regarding your military service. The point of this exam is to determine whether your medical condition is related to your service.
  • Evidence Review: Once the VSR has obtained enough evidence, including the results of your C&P exam and other medical records, they will review everything provided before preparing your claim for a decision. During the review, the VSR may find that further evidence and/or information is needed. 
  • Ratings Veterans’ Service Representative (RSVR) Review: After all evidence has been reviewed, the VSR will send your claim to an RSVR assigned to your case. The RSVR will then review all the evidence, medical records, and other information involved in your case. Then, they will recommend a decision and prepare an explanation.
  • Pending Decision Approval or Denial: The RSVR’s decision on your case is considered “pending” until it is reviewed. Once the decision is reviewed, it will either be approved or denied. If denied, the decision may be sent back for further review. If approved, a final award approval is made, and your case will proceed to the next step.
  • Senior Veterans’ Service Representative (SVSR) Review: Finally, an SVSR will review the evidence, information, and documents related to your claim before authorizing an award letter, as well as your VA disability payment. The SVSR will prepare your claim decision packet and mail it to you. This process takes about 7 to 14 business days.
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