Can Veterans Get Disability Benefits? All You Need To Know

September 14, 2023

By Steve Fields
Principal Attorney

A large number of veterans experience infirmities as a result of their time in the military. This raises the question of whether or not veterans can receive disability payments. 

Veterans get disability benefits through the Department of Veterans Affairs (VA). Veterans can apply for disability benefits online through the VA’s website or in person at their regional VA office.

The numerous disability benefits that are available to veterans, how to apply for them, and what to anticipate from the application process are all covered in this article.

Eligibility For VA Disability Benefits

Veterans Affairs (VA) disability benefits provide tax-free monthly payments. You might be entitled to compensation if you have a disability that is “service-connected.” A disability that is “service-connected” is one that occurs as a result of your participation in the military. 

If you fit the following description, you might be qualified for VA disability benefits or compensation:

Both of these must apply:

  1. You currently suffer from a physical or mental ailment (often referred to as an illness or injury) 
  2. You served in the military either actively, actively for training, or inactively.

Additionally, one of the following must be true:

  • You had a pre-existing condition that was made worse by serving in the military (referred to as a pre-service disability claim)
  • You became ill or injured while serving in the military 
  • You developed a disability related to your active-duty service that did not manifest until after you left (a post-service disability claim)

Presumptive Conditions

It is automatically presumed that your service brought on certain conditions. This is known as “presumptive conditions.” When a condition is presumed to be caused by your service, you do not need to provide evidence. For the presumption, you merely need to fulfill the service standards.

The following are a few of the prevailing circumstances:

1. Disabilities Appearing Within One Year After Discharge

If you exhibit symptoms of a condition like hypertension (high blood pressure), arthritis, diabetes, or peptic ulcers that first appeared within a year of your being released from active duty, you can be eligible for disability benefits.

Even if your symptoms did not exist while you were serving, it is assumed that they are related to your service if they manifest within a year of discharge.

2. Exposure To Hazardous Chemicals and Materials 

You might have encountered many chemical dangers and other dangerous materials while serving in the military. The following list includes a few of these exposures:

Agent Orange

Throughout the Vietnam era, if you served in the Republic of Vietnam or the Korean Demilitarized Zone (DMZ) (or close by), it’s possible that you came into contact with Agent Orange. This herbicide was used to destroy trees and vegetation throughout the conflict.

Asbestos

If you held certain military duties, you might have come into contact with asbestos– toxic fibers once found in numerous items and buildings.

Birth Defects

Your child may be qualified for disability compensation if you served during the Vietnam era in the Republic of Vietnam, Thailand, or in or around the Korean DMZ, and your child was born with spina bifida or other birth defects.

Burn Pits and Other Specific Environmental Hazards

You might have come into contact with harmful substances in the air, water, or soil if you served in Iraq, Afghanistan, or another affected area.

Mustard Gas or Lewisite

You might have a disability if you came into contact with mustard gas or lewisite during your service.

Contaminated Drinking Water

If you served at Camp Lejeune or MCAS New River between August 1953 and December 1987, you may be at risk of developing certain illnesses that are thought to be brought on by toxins in the drinking water.

Gulf War Illness 

You may be more susceptible to specific diseases or ailments if you served in operations in Southwest Asia or Afghanistan.

Project 112/SHAD

If you participated in Project 112 or Shipboard Hazard and Defense (SHAD) warfare testing from 1962 to 1973, you may be at risk for developing illnesses thought to be brought on by chemical testing.

Radiation Exposure

You may be at risk for developing diseases brought on by radiation if you worked with or were close to nuclear weapons testing, were imprisoned in Japan, participated in the occupation of Hiroshima or Nagasaki following World War II, worked at a gaseous diffusion factory, or performed certain other tasks involving radiation during your service.

3. Any Illness Caused by Your Time Spent as a Prisoner of War (POW)

The US Department of Veteran Affairs (USDVA) may approve your Social Security Disability Insurance (SSDI) payments if you were a previous POW and are disabled. There are requirements to receive approval, though. If you currently have a physical or mental impairment and you meet both of these criteria, you can be qualified for disability compensation:

Both of these must apply:

  • Your time as a POW led to the development of your condition 
  • You have an illness or condition that’s at least 10% disabling (a rating system is used to gauge the severity of your disability)

What Conditions Do These Benefits Cover?

In this section, we will discuss the specific conditions that the SSA covers for veterans.

1. For Individuals Previously Imprisoned as Prisoners of War, Regardless of Duration

Diseases that have an impact on your body include: 

  • Post-traumatic stress disorder (PTSD): If you were diagnosed with PTSD, you may be at risk for osteoporosis due to a bidirectional relationship between the two.
  • Frostbite: Frostbite can have long-term health effects.
  • Stroke or issues brought on by a stroke: Effects can include memory loss, speech loss, or limb weakness.
  • Hypertensive vascular disease: This includes hypertensive heart disease, as well as associated concerns (such as stroke, blood clots, or other major complications).

Conditions that have a direct impact on your mind, such as the following:

  • Psychosis
  • A neuropsychiatric condition
  • Anxiety disorders (such as PTSD)
  • Depressive disorders

2. For Former Prisoners of War Detained for a Minimum of 30 Days

Conditions that have a direct influence on your body, such as:

  • Helminthiasis
  • Osteoporosis 
  • Peptic ulcer disease 
  • Chronic dysentery
  • Peripheral neuropathy, excluding cases of peripheral neuropathy that are directly associated with an infection-induced illness
  • Irritable bowel syndrome
  • Cirrhosis of the liver

Any nutritional deficiency, including:

  • Avitaminosis
  • Beriberi, including Beriberi heart disease
  • Malnutrition, including optic atrophy connected to malnutrition
  • Pellagra

Types of Disability Benefits for Veterans

Following are the disability programs available for veterans:

Social Security Disability Insurance

SSDI refers to the federal government’s disability benefits program. Workers who become disabled and are unable to return to the workforce are eligible for SSDI benefits. The amount of your Social Security Disability Insurance benefit will be based on your past wages and length of employment.

SSDI eligibility for veterans is based on medical criteria similar to those for VA disability benefits (although you must be unable to work to qualify). Receiving SSDI is not contingent on meeting any income thresholds.

Your disability pay from the VA is counted toward your “unearned” income. That’s great news because it means you could be eligible for both SSDI and VA disability benefits. If your medical condition meets the criteria set forth by the Social Security Administration, your chances of being approved for SSDI are quite high. 

This holds true no matter your VA grade or the amount of your monthly VA disability payment. 

The amount of Social Security Disability Insurance benefits you receive depends on how much you have contributed to the system over the years. In 2023, the average monthly Social Security Disability Insurance payment is $1,483, whereas the highest monthly benefit that a disabled veteran can receive from Social Security is $3,636.

Retroactive pay for up to 12 months prior to your application date may be available.

Supplemental Security Income 

SSI stands for Supplemental Security Income. This program is also managed by the Social Security Administration. 

You are required to demonstrate financial need in order to qualify. As of the year 2023, your monthly income must be less than $1,470 in order to be eligible for SSI. 

Due to the income restriction for SSI, certain veterans who receive monthly VA disability compensation may be ineligible for this program. You will not be eligible for SSI if your VA rating is 70% or above in 2023, although you may still be eligible for SSDI. 

The maximum amount of Supplemental Security Income that an individual can receive in 2023 is $914, and the maximum amount that a couple can receive is $1,371. Any additional monthly income you receive (such as VA disability compensation) reduces this amount.

Social Security Retirement Benefits

This refers to the benefits you are entitled to once you reach the age of full retirement. The full retirement age depends on your birth year and might range from 62 to 70. Taking “early retirement” will reduce your monthly payments, and choosing to maintain employment might diminish your benefits as well.

If you are currently receiving disability payments from the VA and later apply for benefits from Social Security, the SSA will analyze any evidence that was considered by the VA when reaching their decision.

Retirement vs. Disability: Which One Is Better?

For people who are unable to work due to illness or disability, SSDI benefits essentially serve as an early retirement plan. Although some of these people have not yet reached full retirement age, their condition prevents them from working. 

As a result, they require a source of income to cover the time until retirement.

Numerous criteria determine whether to take early retirement or apply for disability. It might make sense for someone to retire early if they are above 62 but not exactly of retirement age. However, if their health is poor, asking for disability generally makes more sense because they will probably be able to receive a larger monthly disability benefit amount.

Additionally, once someone is qualified for SSDI, they are locked in at that level of payment; after they reach full retirement age, there will be no decrease in benefits. On the other hand, if a person retires early, their benefits are permanently reduced as a result of the early retirement. 

Depending on job history, receiving social security disability benefits before retirement could result in a higher monthly payment. The monthly payout won’t decrease after SSDI benefits convert to retirement benefits; it might rise. 

Therefore, if a person’s health is poor, they should seriously consider filing for disability benefits because accepting early retirement or just waiting for retirement to start could mean leaving money on the table. 

How To File a Claim

A claim can be submitted online. You may also submit your paperwork in person, via mail, or with the aid of a qualified professional. It’s essential to complete the claim form completely and as precisely as possible if you want your VA disability claim to be processed smoothly and promptly.

Additionally, you can speed up the process by collecting all the necessary evidence and submitting it with your claim. Be aware that more paperwork may be needed for your claim.

You can improve your chances of success and obtain the disability benefits you are eligible for by following these procedures.

Evidence To Support Your Claim

You can support your VA disability claim by submitting the following paperwork: 

  • Both hospital and VA medical records – These might be connected to the illnesses or injuries you’ve stated you’ve had or might indicate a worsening of your rating disability.
  • Hospital reports and personal medical records – These might be connected to the impairment or indicate that it has worsened.
  • Third-party letters – These come from members of your family, close friends, church, police enforcement, or former coworkers. These claims may provide further information regarding your alleged condition, including when and how it developed. Depending on the claim you submit, you can either compile proof or get assistance.

Conclusion

The VA may offer disability compensation to veterans who served in the military and now have a disability due to that service. A mental or physical disease or injury, as well as active or inactive military service, are requirements for receiving VA disability compensation.

Veterans can speed up the process and improve their chances of receiving the disability payments they are entitled to by completing an accurate claim form and providing the necessary supporting documents. 

Author

Steve Fields is the founder and managing attorney at Fields Law Firm. Since founding the firm in 2001 he quickly established a reputation with his Personal Injury clients for being a lawyer who truly cares.

Together with his experienced team of legal professionals, Steve ensures clients win their case, maximize their recovery while also looking out for their long-term interests, all backed with the firm’s Win-Win Guarantee®.

Fields Law currently handles cases for Personal Injury, Workers’ Compensation, Long Term Disability, Social Security Disability and Consumer Rights and has grown to be one of the largest injury and disability law firms in the nation.

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