Disability compensation is a monthly tax-free benefit paid to Veterans who are at least 10% disabled because of injuries or diseases that were incurred in or aggravated during active duty, active duty for training, or inactive duty training. A disability can apply to physical conditions, such as a chronic knee condition, as well as mental health conditions, such as post-traumatic stress disorder (PTSD). The benefit amount is graduated according to the degree of the Veteran's disability on a scale from 0 to 100 percent (in increments of 10 percent). Compensation may also be paid for disabilities that are considered related or secondary to disabilities occurring in service and for disabilities presumed to be related to circumstances of military service, even though they may arise after service. Generally, the degrees of disability specified are also designed to compensate for considerable loss of working time from exacerbations or illnesses. If you have dependents, an additional allowance may be added if your combined disability is rated 30% or greater. Your compensation may be offset if you received disability severance pay or separation incentive payments. Military retirement pay for Veterans rated 40% and below, is offset by their VA compensation. Military retirees receiving 50% or higher receive both their VA compensation and full military retirement.
Evidence required to file a claim includes medical evidence of a current physical or mental disability, AND evidence of a relationship between your disability and an injury, disease, or event in military service. Medical records or medical opinions are required to establish this relationship.
Note: Under certain circumstances, VA may conclude that certain current disabilities were caused by service, even if there is no specific evidence proving this in your particular claim. The cause of a disability is presumed for certain diseases.
C&P Exam
A Compensation & Pension Exam is an exam performed by a VA salaried or contracted physician to document the current severity of a condition that is being considered for VA Disability and DoD Disability. It is used to rate disabilities, diagnose conditions, and determine if you have a service-connected disability. After you file your disability claim, the VA may ask you to have a C&P exam in order to process your claim.
Presumptive Disabilities
The VA presumes that specific disabilities diagnosed in certain Veterans groups were caused by their military service. VA does this because of the unique circumstances of their military service. If one of these conditions is diagnosed in a Veteran in one of these groups, the VA presumes that the circumstances of his or her service caused the condition, and disability compensation can be awarded.
The following diseases and conditions are considered part of this program:
Certain chronic and tropical diseases (for example, multiple sclerosis, diabetes mellitus, and arthritis) may be service connected if the disease becomes at least 10% disabling within the applicable time limit following service.
All Veterans who develop Amyotrophic Lateral Sclerosis (ALS), also known as Lou Gehrig's Disease, at any time after separation from service may be eligible for compensation for that disability. To be eligible, the Veteran must have served a minimum of 90 consecutive days of active service.
Prisoners of War: For former POWs who were imprisoned for any length of time, the following disabilities are presumed to be service connected if they become at least 10 percent disabling any time after military service: psychosis, any of the anxiety states, dysthymic disorder, organic residuals of frostbite, post-traumatic osteoarthritis, atherosclerotic heart disease or hypertensive vascular disease and their complications, stroke and its complications, and, effective October 10, 2008, osteoporosis if the Veteran has PTSD.
For former Prisoners of War (POWs) who were imprisoned for at least 30 days: The following conditions are also presumed to be service connected: avitaminosis, beriberi, chronic dysentery, helminthiasis, malnutrition (including optic atrophy associated with malnutrition), pellagra and/or other nutritional deficiencies, irritable bowel syndrome, peptic ulcer disease, peripheral neuropathy except where related to infectious causes, cirrhosis of the liver, and, effective September 28, 2009, osteoporosis.
Veterans Exposed to Radiation: For Veterans who participated in radiation risk activities as defined in VA regulations while on active duty, active duty for training, or inactive duty training, the following conditions are presumed to be service connected: all forms of leukemia (except for chronic lymphocytic leukemia); cancer of the thyroid, breast, pharynx, esophagus, stomach, small intestine, pancreas, bile ducts, gall bladder, salivary gland, urinary tract (renal pelvis, ureter, urinary bladder and urethra), brain, bone, lung, colon, and ovary; bronchiole-alveolar carcinoma; multiple myeloma; lymphomas (other than Hodgkin's disease), and primary liver cancer (except if cirrhosis or hepatitis B is indicated). To determine service connection for other conditions or exposures not eligible for presumptive service connection, the VA considers factors such as the amount of radiation exposure, duration of exposure, elapsed time between exposure and onset of the disease, gender and family history, age at time of exposure, the extent to which a non-service exposure could contribute to disease, and the relative sensitivity of exposed tissue.
Veterans Exposed to Agent Orange and Other Herbicides: A Veteran who served in the Republic of Vietnam between January 9, 1962, and May 7, 1975, is presumed to have been exposed to Agent Orange and other herbicides used in support of military operations. VA presumes the following diseases to be service-connected for such exposed Veterans:
- AL Amyloidosis
- Chronic B-Cell Leukemia
- Chloracne (if it presents within 1 year of exposure to a degree of 10% disabling)
- Diabetes Mellitus Type 2
- Hodgkin's Disease
- Ischemic Heart Disease (including Coronary Artery Disease, stable and unstable angina, myocardial infarction, and sudden cardiac death)
- Multiple Myeloma
- Non-Hodgkin's Lymphoma
- Parkinson's Disease
- Peripheral Neuropathy, Early Onset (if it presents within 1 year of exposure to a degree of 10% disabling)
- PoPorphyria Cutanea Tarda (if it presents within 1 year of exposure to a degree of 10% disabling)
- Prostate Cancer
- Respiratory Cancers, including Lung Cancer
- Soft Tissue Sarcomas (other than osteosarcoma, chondrosarcoma, Kaposi's sarcoma, and mesothelioma)
Additionally, on January 1, 2020, the William M. Thornberry, National Defense Authorization Act for Fiscal Year 2021 was passed into law adding three diseases to the list of those that are presumptively associated with exposure to herbicide agents, Agent Orange.
- Bladder Cancer
- Hypothyroidism and
- Parkinsonism or Parkinson like symptoms
The VA is committed to implementing this change in law and efforts are underway to develop procedures on the appropriate processing of these claims. The VA is eagerly awaiting further news to begin granting compensation for these new presumptive conditions.
If you have previously been denied for any of these three conditions, please contact the Charleston County Veterans Affairs Office to file a reconsideration of the previously denied claim. If you have one of these recognized diagnoses, our office can assist you with filing a NEW Compensation claim.
Gulf War Veterans with Chronic Disabilities: May receive disability compensation for chronic disabilities resulting from undiagnosed illnesses and/or medically unexplained chronic multi-symptom illnesses defined by a cluster of signs or symptoms. Gulf War Veterans who meet the criteria below do not need to prove a connection between their military service and illnesses in order to receive VA disability compensation. VA presumes certain chronic, unexplained symptoms existing for 6 months or more are related to Gulf War services without regard to cause. These presumptive illnesses must have appeared during active duty in the Southwest Asia theater of military operations or by December 31, 2021, and be at least 10 percent disabling. These illnesses include:
Myalgic Encephalomyelitis/Chronic Fatigue Syndrome (ME/CFS), a condition of long-term and severe fatigue that is not relieved by rest and is not directly caused by other conditions.
Fibromyalgia, a condition characterized by widespread muscle pain. Other symptoms may include insomnia, morning stiffness, headache, and memory problems.
Functional gastrointestinal disorders, a group of conditions marked by chronic or recurrent symptoms related to any part of the gastrointestinal tract. Functional condition refers to an abnormal function of an organ with a structural alteration in the tissues. Examples include irritable bowel syndrome (IBS), functional dyspepsia, and functional abdominal pain syndrome.
Undiagnosed illnesses with symptoms that may include but are not limited to: abnormal weight loss, fatigue, cardiovascular disease, muscle and joint pain, headache, menstrual disorders, neurological and psychological problems, skin conditions, respiratory disorders, and sleep disturbances.
For VA Benefit purposes, Gulf War service is active military duty in any of the following areas in the Southwest Asia theater of military operations at any time from August 2, 1990 to present. This includes Veterans who served in Operation Iraqi Freedom (2003-2010) and Operation New Dawn (2010-2011). This theater of operations includes Iraq, Kuwait, Saudi Arabia, the neutral zone between Iraq and Saudi Arabia, Bahrain, Qatar, the United Arab Emirates, Oman, the Gulf of Aden, the Gulf of Oman, the Persian Gulf, the Arabian Sea, the Red Sea, and the airspace above these locations.
Presumptive service connection may be granted for the following infectious diseases if found compensable within a specific time: Brucellosis, Campylobacter jejuni, Coxiella burnetti (Q fever), Malaria, Mycobacterium tuberculosis, Nontyphoid Salmonella, Shigella, Visceral leishmaniasis, and West Nile virus. Qualifying periods of service for these infectious diseases include active military, naval, or air service in the above stated Southwest Asia theater of operations during the Gulf War period of August 2, 1990, until such time as the Gulf War is ended by Congressional action or Presidential proclamation; and active military, naval, or air service on or after September 19, 2001, in Afghanistan.
Camp Lejeune Health and Disability Benefits: Veterans, Reservists and National Guard members exposed to contaminants in the water supply at Camp Lejeune from August 1, 1953 through December 31, 1987 who later developed one of the following eight conditions:
- Adult leukemia
- Aplasic anemia and other myelodysplastic syndromes
- Bladder cancer
- Kidney cancer
- Liver cancer
- Multiple myeloma
- Non-Hodgkin's lymphoma
- Parkinson's disease
Veterans and family members who lived on Camp Lejeune and have certain conditions can get health care benefits, for information visit
www.VA.gov | Camp Lejeune Family Member Program
www.VA.gov | Camp Lejeune Family Member Program Application
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