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Do I Qualify for VA Benefits?

Do I Qualify for VA Benefits?

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There are a number of benefit programs administered by the Department of Veterans Affairs, but the most well known is the program that pays veterans for disabilities incurred in service. This benefit is commonly referred to as service connected compensation. In order to prove entitlement to this benefit, a veteran must demonstrate:

  1. an in-service event, injury or exposure;
  2. a current disability; and
  3. a link between the in-service event and the current disability.

Eligibility for VA benefits is based on active service, and federal law sets specific criteria for qualifying service, including distinctions between active duty, active duty for training, and inactive duty for training.

Active Duty Service

When establishing the link between the in-service event and the current disability, the VA evaluates whether the disability is a service-connected disability and whether it was service caused, including conditions caused by illness or injury during active service.

To apply for service connection for the first time one must complete VA Form 21-526 and submit it to VA. Veterans must file a claim for disability compensation, also referred to as a disability claim. VA will obtain your service treatment records and ask you to identify current medical records.

Disability Benefits and Eligibility for VA Health

If there is evidence of the claimed condition in your service treatment records and evidence of a current disability, VA will schedule an examination to obtain a medical opinion as to whether the in-service event or injury is related to the current disability.

The VA considers whether the claimed disability is related to injuries or illnesses incurred during active service, including those from training purposes or specific conflicts such as the Gulf War.

The outcome of this examination will likely determine the outcome of the claim. A veteran may seek his or her own medical opinion to prove that a link exists between service and the current disability. This medical opinion must be worded in a specific way or VA will disregard it. VA will almost invariably decide the claim based on the results of the VA examination. VA disability benefits are determined based on the evidence of service-connected disability and the nature of the conditions caused by service.

If you disagree with the outcome of your claim you have one year to file an appeal or a request for reconsideration. Veterans who received a dishonorable discharge may not be eligible for certain disability benefits.

If you fail to appeal or request reconsideration within one year you may still reopen your claim at a later date, but you will need to present new and relevant evidence (evidence relevant to some unproven aspect of your claim) in order to do so. Income may be a factor in eligibility for some VA benefits, such as pension programs for wartime veterans.

Veterans can also apply for VA health benefits, which may include preventive care and dental care, and additional support such as career counseling is available for those with disability related needs.

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