Explore our Frequently Asked Questions (FAQ) for comprehensive answers to common queries about Veterans Valor and VA disability benefits.
Frequently Asked Questions
01. What is VA disability?
VA disability refers to compensation provided by the Department of Veterans Affairs (VA) to veterans who have incurred or aggravated a service-related injury or illness during their military service. VA disability compensation is a tax-free, monthly payment that helps veterans cover the costs of living with their service-related disabilities. The amount of compensation depends on the severity of the disability and how it affects the veteran’s ability to work and perform daily activities.
01. If I claim VA benefits, will I be taking money away from someone else who "needs it"?
No, claiming VA disability benefits will not take money away from someone else who needs it. The VA disability compensation program is funded by the federal government and is designed to provide financial support to veterans who have disabilities that are connected to their military service. The amount of compensation awarded to each veteran is based on the severity of their disability and its impact on their ability to work and carry out daily activities. Therefore, by claiming VA disability benefits, you are not taking money away from someone else, but rather receiving the compensation that you are entitled to based on your unique circumstances.
02. Who is eligible to receive VA disability benefits?
In order to qualify for VA benefits by law, a veteran must first have served in the active military, naval, or air service and didn’t receive a dishonorable discharge.
- If you’re a current or former member of the Reserves or National Guard, you must have been called to active duty by a federal order and completed the full period for which you were called or ordered to active duty. If you had or have active-duty status for training purposes only, you don’t qualify for VA health care.
In addition, a veteran must meet a three part test to get VA disability compensation, which include:
- Medical diagnosis of a disability or condition in a medical record. This diagnosis can be in service treatment records, VA medical records, or any private medical records.
- The disability or condition was caused or made worse by a veteran’s active duty military service for direct service connection OR by another service connected disability rated at 0 percent or higher for secondary service connection.
- Persistent and reoccurring symptoms of the disability or condition into the present day. In other words, be thinking about “how” your disability or condition is limiting or affecting your work, life, and social functioning.
03. How do I submit a VA disability claim?
To apply for disability, veterans must submit a VA Disability Claim.
It is best for veterans to apply within one year of their date of separation from the military. If a claim is submitted within this first year, then the veteran will be eligible to receive VA disability back pay, and all of their conditions will be assumed service-connected unless there is definite evidence that they are not.
If, however, the claim is not submitted until after this 1-year mark, then the veteran will lose all the pay for the period between their date of separation and the VA’s Rating Decision, and they will need to provide evidence that their claimed conditions are service-connected.
If a service member is being separated from the military because of a medical condition, then a claim will be automatically submitted as part of the Integrated Disability Evaluation System. If the service member is separated for any other reason, they can apply for disability from the VA on their own.
04. How do I ensure I am receiving the maximum disability rating?
To ensure that you receive the maximum disability benefits possible from the VA, you must carefully prepare for the VA Disability Process. Our experts can help you prepare for this process.
It is essential that all the necessary information the VA needs to properly assign VA Disability Ratings to your conditions is submitted along with the original VA Disability Claim paperwork.
You also need to ensure that the physician who conducts your C&P Exam records the proper information needed to rate your conditions. Unfortunately, not always do the physicians know exactly what information they should record, so going in armed with the proper knowledge from our experts can help you ensure that your process runs smoothly and that your disability is determined correctly.
Once your claim has been processed, if you disagree with the Rating Decision, you may be able to get your disability increased by submitting an appeal.
The VA can adjust your disability over time if a condition worsens or improves. If your condition has worsened, and you’d like to get your disability increased, you do not need to submit an appeal.
05. I've been out of the military for many years. Can I still submit a claim?
Absolutely. The VA will grant benefits to any veteran with a medical condition caused by military service, no matter how long they’ve been out of the military. You will be required to provide proof of service-connection.
06. What do I do if my conditions have worsened?
The VA can update ratings over time as your conditions worsen and progress. If your conditions have worsened, you more than likely qualify for a higher rating. You can submit a new claim for an increased evaluation.
07. How long is the process?
The length of the VA claim process can vary depending on several factors such as the complexity of the claim, the amount of evidence required, and the current workload of the VA. The VA aims to process claims within 125 days or less, but it is not uncommon for the process to take much longer. According to the VA’s latest data, the average time to complete a disability compensation claim in fiscal year 2021 was 98.8 days, while the average time to complete an appeal was 295.6 days. It is important to note that the VA may take longer to process claims if they need additional information or evidence, which can further delay the process.
08. Can Veterans Valor assist me if I am not located near your office?
Yes! We assist veterans around the world come up with a proven strategy to maximize their disability benefits in which they are medically, legally and ethically qualified for.
09. Can I have a security clearance if I have PTSD or another mental health condition and want to claim it?
The existence of a psychological diagnosis or disorder WILL NOT automatically disqualify you from getting or retaining a security clearance. Almost no on has lost a clearance for having a behavioral health diagnosis. Of those who have lost clearance, only 0.04% did so for solely psychological reasons.
There is a commonly held belief that answering “yes” to question 21 on the SF86 puts you at risk for losing your clearance. Question 21 (Q21) on the SF86, “In the last 7 years, have you consulted with a healthcare professional regarding an emotional or mental health condition or were you hospitalized for such a condition?”.
Obtaining any type of mental health or psychological care, court-ordered or not, should result in a “yes” answer to this question except if the psychological health counseling was strictly for:
- grief, martial, or family concerns not related to violence by you.
- adjustments from service in a military combat zone.
- being a victim of sexual assault.
What’s more, the simple act of meeting with a mental health professional or obtaining mental health care will not automatically result in a loss of clearance. And an affirmative answer to question 21 on the SF86 will not automatically disqualify you from getting or retaining an active clearance.
10. What is the Poverty Threshold and How Does it Relate to TDIU?
If you are a veteran who receives disability benefits under a Total Disability Individual Unemployability (TDIU) rating, you are limited in the amount of paid work you are allowed to do. The TDIU rating is an affirmation that your disability prevents you from maintaining gainful employment — employment that is more than casual or marginal and above the poverty threshold. Getting a job that constitutes gainful employment while you’re on TDIU can be grounds for the Veterans Affairs Services (VAS) to revoke your TDIU benefits.
This doesn’t mean you can’t hold any job at all. The Veterans Affairs (VA) permits veterans with a TDIU rating to engage in “marginal employment.” This means that veterans can work in specific protected environments for individuals with disabilities, or they can work at jobs that pay them a very low wage.
11. What Is Marginal Employment?
VA defines marginal employment as any job (or jobs) that pay less than the federal poverty level for one person. In 2023, that amount is $14,580 for 1 persons/family household in the 48 contiguous states. For 2 people it’s $19,720, 3 people it’s $24,860, 4 people it’s $30,000.