Service-Connected Disabilities

Veterans Compensation Benefits

VA "compensation" is a disability benefits program that provides monthly cash payments to compensate veterans for service-connected disabilities.

To receive this benefit, the veteran must show:

1. A current disability: There must be a current disability that has been diagnosed by a medical professional.
2. An event in service: Military service records must demonstrate a precipitating disease, injury, or event in service.
3. Medical nexus evidence: A veteran must show that the current medical condition is “as likely as not” related to military service. This basically means the reviewing doctor believes that there is a 50-50 likelihood that your current disability was a result of an event in service.

If the veteran meets the three-part criteria, basic benefits are paid based upon how severely the veteran is disabled, and on whether the veteran has a spouse, children or dependent parents. An additional compensation amount is given when the veteran's spouse is determined to require Aid and Assistance.

Total Disability Based On Individual Unemployability (TDIU)

If the veteran has a service-connected disability which completely prevents him/her from working, the veteran may receive compensation at the 100% disability rating level, even if the medical condition itself does not warrant a 100% disability rating. These are claims for “Total Disability based on Individual Unemployability” or “TDIU”.

When evaluating a claim for TDIU benefits, the VA considers two issues:

1. Whether the veteran’s service-connected disabilities satisfy certain percentage rating requirements.
2. Whether the veteran is prevented from securing or following a "substantially gainful occupation" because of the service-connected disabilities.

The VA is prohibited from considering some factors, e.g., the veteran's age or the veteran's non-service-connected disabilities.

Monthly Disability Benefits

A veteran with a service related disability may receive compensation of up to $3,100 in monthly benefits for him/her and dependents.

See VA Ratings and Retroactive Awards

Disability payments to veterans are made based on the degree of the disability. The VA gives a disability rating to each injury, illness or disease. Congress permits the VA to award disability ratings from 10% to 100%, in 10% increments.

When a veteran carries a 100% rating, he or she is considered totally disabled. No veteran may be assigned a disability rating greater than 100% or be more disabled than “total” for VA rating purposes.

Widows and widowers of deceased veterans may also be entitled to payments. The VA provides for a monthly payment where the cause of death was a service-connected condition or where the veteran was totally disabled because of a service-connected condition for a long period of time before the death.

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Sackett and Herrera, Members
National Organization of Veterans Advocates, Inc. (NOVA)

At Sackett and Herrera, our disability attorneys are dedicated to representing U.S. veterans in seeking disability benefits for injuries sustained in or aggravated by their military service.