Service-Connected Disability Compensation Benefits
Overview
Compensation benefits are paid by the Department of Veterans Affairs to a veteran due to a disability that occurred while on active military duty, or to a surviving spouse, child, or parent of a veteran because of the service-connected death of the veteran. If the veteran was discharged or released from service, the discharge or release must have been under conditions other than dishonorable. 38 U.S.C. § 101(2), (13). Ratings for disability can be from 0-100% percent based on VA medical evaluation.
Our Focus
EVLAG will investigate our client’s individual circumstances to determine if a viable case can likely be made for Compensation for a higher disability rating based on the VA’s clinical schedule. We also take into account potential "presumed" disabilities due to exposure to toxic substances.
Note that, unlike Pension, Compensation is not dependent on income, assets or when the military service occurred (wartime or peacetime). Also, one cannot receive both Compensation and Pension concurrently.
Note that, unlike Pension, Compensation is not dependent on income, assets or when the military service occurred (wartime or peacetime). Also, one cannot receive both Compensation and Pension concurrently.
Service-Connected Disability Compensation
The compensation program pertains to veterans who had a direct incident that occurred while on active military duty and resulted in some degree of permanent disability (for example a wound, injury, or illness) or was exposed to an ever-expanding group of presumed diseases created by exposure to certain toxic elements. In presumptive cases, VA has developed a list of diseases that are presumed to be associated with various exposures. If you were in the specified locations (see the section on the new PACT Act) and you have one of these medical diagnoses, there is an automatic presumption that the disease was caused by the toxic contaminant and is thus service-connected. If you were there and you have the disease, it was caused by exposure. No other proof is required. Examples of presumed exposure include:
The compensation program pertains to veterans who had a direct incident that occurred while on active military duty and resulted in some degree of permanent disability (for example a wound, injury, or illness) or was exposed to an ever-expanding group of presumed diseases created by exposure to certain toxic elements. In presumptive cases, VA has developed a list of diseases that are presumed to be associated with various exposures. If you were in the specified locations (see the section on the new PACT Act) and you have one of these medical diagnoses, there is an automatic presumption that the disease was caused by the toxic contaminant and is thus service-connected. If you were there and you have the disease, it was caused by exposure. No other proof is required. Examples of presumed exposure include:
- Atomic Veterans. Veterans exposed to ionizing radiation, especially during nuclear testing.
- Vietnam Veterans. Exposure to the toxic defoliant Agent Orange used in Vietnam, Thailand, Guam, and other locations during the Vietnam War period.
- Ground-Water Contamination at the coastal North Carolina Marine Bases in and around Camp Lejeune. and Cherry Point.
- Airborne Particulate Exposure (the PACT Act). Airborne particulate exposure from burn pits in Southwest Asia (Afghanistan, Kuwait, Iraq, etc.).