Guide to Veteran Disability Law

A Comprehensive Guide to Veteran Disability Law

You will receive a rating decision from your regional VA office that describes your disability or disabilities, your specific rating, and an effective date (the day you start receiving benefits). This letter will also contain any evidence the agency used to decide.

Filing for disability shouldn’t feel like “milking the system.” It’s about getting the care you need and deserve.


Generally, veterans can recover tax-free disability benefits if their injuries or illnesses are attributed to or aggravated by their active military service. To do so, they must first file a claim with the VA.

After filing, the VA will review your application to determine if it needs more information from you or medical professionals. This part of the process can take months and sometimes years.

The VA will then assign you a rating determining how much monetary compensation you’ll receive each month. The higher your rating, the more you’ll receive. Many veterans are rated for multiple conditions, called a combined rating.

Some veterans also qualify for a pension, similar to Social Security benefits. Visit this nationwide veteran disability law firm that is well-versed in both types of benefits and can help you pursue both simultaneously if you’re eligible.

Legal Issues

Many veterans suffer from disabling injuries or conditions resulting from their military service or aggravated by them. These conditions may qualify for disability compensation, a monthly check you can use to pay for your medical bills and living expenses.

Medical Issues

Many veterans suffer from ailments such as tinnitus (ringing in the ears), loss of hearing, or post-traumatic stress disorder that are eligible for disability compensation. However, getting tax-free benefits from the VA can be complex and time-consuming. Attorneys help veterans expedite their claims by meticulously preparing the application and tracking its progress through the bureaucracy of the VA system.

In many cases, it is necessary to obtain records not held by the VA, including private medical records from doctors and hospitals, current or former employers, and state or local government offices. Gathering this evidence yourself can be more efficient than waiting for the VA to help.

Some disabled veterans are entitled to a monthly benefit called TDIU, in which they are paid enough to maintain “substantially gainful employment.” This requires at least one disability rated at 60% or multiple disabilities totaling at least 70%.

Employment Issues

Thousands of military veterans return to their previous jobs or seek new ones yearly. Many of them have disabilities resulting from injuries sustained in or aggravated during service. Two laws offer them protection from employment discrimination: USERRA and the ADA.

The ADA requires that employers ask applicants about any medical conditions that might affect their ability to do a job, but it does not require them to disclose those disabilities. The company allows candidates to request reasonable accommodations during interviews, such as extra time or oral answers.

In the case of federal employment, veterans with disabilities can apply for positions through the Office of Personnel Management. However, it’s important to remember that the ADA uses different standards when determining disability than the Department of Defense and VA use. This can confuse. For example, a disabled veteran may have early-onset arthritis that would qualify as a disability under the ADA but not under the VA’s disability rating system.