Editor PicksWhat Qualifies For Military Disability

What Qualifies For Military Disability

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Contact An Experienced Disabilitylawyer Today

How Do I Qualify for Veteran Disability Benefits?

Although you are not required to work with alawyer when applying for veterans disability benefits or appealing a deniedclaim, doingso has advantages.

The Law Offices of Michael Hartup handles onlydisability cases. Tennessee disability attorney Michael Hartup understands theVA benefits process, and he has extensive experience helping disabled veteransget the financial help they need and deserve.

At the Law Offices of Michael Hartup we can help you file your initial application for benefits, or guide you through the appeals process if you believe your claim was wrongfully denied. The VA benefits process can be confusing, and many disabled veterans who otherwise have qualifying disabilities are denied due to simple mistakes in their applications.

To learn how we may be able to help you, please call us today at or contact us online for a free consultation. We are proud to serve veterans from the greater Jackson, Tennessee, area.

Is A Veteran With A Service

No. A veteran must meet the ADAs definition of disability. The ADA defines an individual with a disability as a person who has a physical or mental impairment that substantially limits one or more major life activities has a record of such an impairment or is regarded as having such an impairment. This definition of disability may differ from the definition used in other laws. For example, the term disabled veteran means an individual who has served on active duty in the armed forces, was honorably discharged, and has a service-connected disability or a disability that was aggravated during active duty, or is receiving compensation, disability retirement benefits, or pension because of a public statute administered by the Department of Veterans Affairs or a military department. For more information about the employment rights of veterans with disabilities, visit the Equal Employment Opportunity Commissions website.

Veterans Disability Benefits: Eligible Conditions

Approximately 3.5 million U.S. veterans report having a disability that prevents them from gaining meaningful employment and diminishes their quality of life.

Unfortunately, many disabled veterans arent aware that they may be eligible for veterans disability benefits.

Tennessee disability attorney Michael Hartup is dedicated to helping disabled veterans get the financial assistance they need and deserve.

If you need help applying for veterans disability benefits or appealing a denied claim, please call us today at or contact us online for a free consultation. We welcome clients from the greater Jackson, Tennessee, area.

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Your Va Doctor Psychologist Or Psychiatrist Will Also Have To Provide Written Documentation That Your Mental Health Worsened During Your Service In The Military

Veterans often experience mental illness resulting from extreme physical injury or an incident they witnessed or were involved in during military service. As a veteran, you may be eligible for service-connected disability benefits for certain mental illnesses.

To receive disability benefits for a mental health disorder, you must meet certain criteria set by the Department of Veteran Affairs. It is essential to provide viable evidence of your condition and prove a military service connection.

How Does the VA Evaluate Mental Illness?

The U.S. Department of Veteran Affairs evaluates mental illness using the VA Schedule of Rating Disabilities, which follows the guidelines outlined in the Diagnostic and Statistical Manual for Mental Disorders, Fourth Edition . Eligible compensation categories for mental illness include:

  • Psychotic disorders
  • Adjustment disorders that include being extremely stressed about life adjustments that lead to self-destruction
  • Eating disorders such as anorexia and bulimia

If youre experiencing one or more of these mental disorders with similar symptoms, the VA will issue one disability rating for you.

Mental Disorders That Cannot Be Connected to Military Service

With that being said, if you have a diagnosed personality disorder and you enter military service and develop PTSD during your military service, you could receive benefits for PTSD based on underlying personality disorder.

Determining Direct Service Connection for Mental Illness

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Who Is Eligible And Time Periods

How Disabled Veterans Can Qualify for SSD Benefits ...

Children and spouses of veterans who are totally and permanently disabled are eligible for Dependents’ Educational Assistance. Spouses can generally use these benefits for 10 years from the date the VA deems them eligible. In some cases, spouses can use the benefits for 20 years. This happens when the veteran was rated permanently and totally disabled within three years after discharge from the service, and the 20-year-period begins running on the date the veteran received the disability rating.

Children are eligible for the benefits from the Dependents’ Educational Assistance program between 18 and 26 years old. Sometimes eligibility can begin before age 18 and continue past age 26. Children remain eligible for Dependents’ Educational Assistance even after they marry.

Children who are active service members in the military are not eligible to receive this benefit while on active duty. Once discharged, benefits are available as long as the discharge is not under dishonorable conditions. The period of eligibility for Educational Assistance will be extended by the amount of time spent on active duty, but this extension will usually not go beyond a child’s 31st birthday.

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Back And Neck Pain Spinal Issues

There are a wide variety of back and neck issues you could get a VA disability rating for the VA is interested in how your issues affect range of motion, flexibility, and other aspects related to your ability to bend, sit, stand, work, etc.

VA claims involve a determination process to establish whether or not your back and/or neck pain issues are service related.

When making a claim in this area, be sure to list all military experience related to carrying heavy objects, working in non-ergonomically sound positions , prolonged hiking, running, or walking with fully loaded rucksacks, backpacks, etc.

When it comes to spinal issues, the concerns are similar. Cervical strain is one of the most common VA disability claims for veterans regardless of age or sex. VA ratings in this area arent as high as some might expectsome sources report that more than 90% of vets who make claims in this area get ratings from zero to 20%. In some cases the rating may be higher, depending on the nature and severity of the issue.

What do you need to know about these claims?

Eighth Most Common Va Disability: Limitation Of Motion Of The Ankle

Limitation of motion of the ankle is common amongst veterans. This condition usually develops following an ankle sprain that has not adequately healed or was not rehabilitated completely. An unhealed ankle sprain increases the likelihood of another ankle sprain occurring in the future. Repeated ankle sprains often cause and perpetuate ankle instability and limited motion. Additional sprains lead to further weakening, or stretching, of the ligaments thereby producing greater limitations.

Many veterans suffer from limitation of motion of the ankle due to the physical demands of military training and service. Specifically, veterans engage in fitness-related activities and jobs that required physical exertion while serving. Such activities and jobs may have resulted in ankle sprains and injuries throughout service, thereby leading to issues later on.

In addition, a veteran may have been involved in an accident resulting in a traumatic injury to their ankle. For example, veterans involved in parachuting accidents often report ankle injuries later in life.

When rating limitation of motion of the ankle, VA primarily looks to diagnostic code 5271. Similar to the other orthopedic conditions mentioned above, the rating criteria deals with the range of motion of the ankle. VA then rates the condition based on the limitations to the range of motion.

As of 2019, 700,000 veterans are service connected for limitation of motion of the ankle.

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Fully Developed Disability Claims

The next fasted option is the Fully Developed Disability Claims program.

The primary difference between the FDDC program and filing a standard claim is the Veteran must provide all evidence upfront and certify there’s no additional evidence needed to make a claim decision.

At a minimum, the Veteran should provide:

  • All military personnel records on the condition, and
  • All service treatment records on the condition, and
  • All private medical records on the condition, and
  • All VA health records or supplementary information about related VA health records that the VA can request on your behalf

If the VA requires additional information, the claim typically gets removed from the FDDC program and is processed as a standard claim.

Seventh Most Common Va Disability: Paralysis Of The Sciatic Nerve

How do I Qualify for Veterans Disability Benefits

Sciatica is a nerve condition in which pain radiates along the path of the sciatic nerve, traveling from the lower back down through the legs. It most often occurs when the sciatic nerve is compressed or pinched, usually by a herniated disk in the spine or an overgrowth of the bone on the vertebrae. Typically, sciatica affects only one side of the body. Common symptoms include numbness, tingling, burning sensation, and muscle weakness.

Paralysis of the sciatic nerve is very common amongst veterans primarily because it is linked to back and neck issues. When rating back and neck conditions, VA is required to rate any neurological residuals. Therefore, paralysis of the sciatic nerve is often granted without veterans needing to file additional claims.

This condition involves a reduction in movement and feeling of certain limbs. Nerve issues, such as sciatica, are rated in three different categories based on the degree of severity of symptoms:

  • Paralysis
  • Neuritis
  • Neuralgia

Technically, the term sciatica usually refers to neuralgia of the sciatic nerve. Therefore, neuralgia is generally the most common category that veterans fall into however, it is possible that a veterans sciatica may present symptomatology consistent with a higher level of severity. Each of the three categories of nerve conditions mentioned above also have sub-categories for mild, moderate, or severe symptoms, creating many different possible ratings for a condition that affects a nerve.

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What Conditions Are Included In The Vasrd

VA offers disability compensation for thousands of conditions, both physical and mental. You may be able to get VA disability benefits for conditions such as:

  • Chronic back pain resulting in a current diagnosed back disability
  • Breathing problems resulting from a current lung condition or lung disease
  • Severe hearing loss
  • Depression
  • Anxiety

However, this is not an exhaustive list and veterans should file a claim for any condition that they believe may be caused by their time in military service. According to VAs Annual Benefits Report for Fiscal Year 2018, there are approximately 5.2 million disabled veterans with over 25 million disabilities, averaging about 5 disabilities per veteran.

Va Clothing Allowance Benefits For All Disabled Veterans

VAs clothing allowance involves an annual stipend provided to disabled veterans who have unique clothing needs as a result of a service-connected disability or injury. Specifically, VA can provide veterans with one or more clothing allowance payments if they:

  • Use a prosthetic or orthopedic device because of a service-connected disability or
  • Have a service-connected skin condition and use a medication that causes irreparable damage to outer garments

To receive payment, veterans must establish eligibility by August 1 of the year for which they are claiming clothing allowance. Each VA medical center should have a designated prosthetic department. Veterans can contact a representative in the prosthetic department at their nearest VAMC to apply.

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Medicaid Benefits For Individuals With Disabilities

Medicaid is a federal program that covers basic health and long-term care services. This benefit is available for military family members with special needs that require medical attention beyond what is available through TRICARE.

Every state has its own Medicaid program with income restrictions and criteria for eligibility. Check this site for your state to see if you qualify and for more information. You can also find more information through the Military OneSource eLearning module on government assistance.

The Fair Housing Act And Other Housing Programs

Qualifying for Veterans Benefits for Depression

If you or someone in your family has special needs, your home may need specific modifications such as a wheelchair ramp or wider doorways to make it accessible for daily living. Go-to resources include:

  • The Fair Housing Act protects your family from discrimination when renting or buying property. Under this law, property owners are required to make reasonable accommodations for disabilities and allow residents to make their own modifications.
  • If you live in privatized housing on a military installation, your property managers are required at no cost to you to make reasonable accommodations that abide by the Americans with Disabilities Act.
  • Families with special needs have the right to accessible housing. Your installation housing office or your EFMP family support staff can help you look for affordable housing on and off the base. Visit MilitaryINSTALLATIONS to find contact information.

Call Military OneSource at 800-342-9647 or use live chat to schedule an appointment with a special needs consultant. OCONUS/International? . Appointments are available seven days a week.

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Honorable Mention: Degenerative Arthritis Of The Spine

Degenerative arthritis of the spine is also a common disability and was included in this list in years past. There are two main types of arthritis of the back: degenerative arthritis and rheumatoid arthritis. Degenerative arthritis occurs when cartilage between joints erodes over time resulting in joint stiffness, limited mobility, and pain. This type of arthritis usually takes place in weight-bearing joints . Arthritis of the spine is a breakdown of the cartilage of the joints and discs in the neck and back.

Degenerative arthritis of the spine is the final common condition for which veterans receive VA disability benefits. The American Academy of Orthopedic Surgeons states that degenerative arthritis of the spine is the primary reason for disability discharge among service members.

Over 395,000 veterans are currently receiving disability benefits for degenerative arthritis of the spine. The rating criteria is based on the joint involved and whether it is major or minor. However, veterans are often not rated under the arthritis diagnostic code as it usually results in such a low rating. If veterans also have limited range of motion or incapacitating episodes, it could result in a higher rating.

VA should acknowledge both diagnostic codes involved . Veterans are sometimes confused as to why VA is not rating them under the arthritis diagnostic code. Ultimately, it is because has to defer to the rating code that gives veterans the most compensation.

Inordinate Amount Of Time

An inordinate amount of time is a clinical judgment made by a medical practitioner if they observe a recognizable difference in the time it takes an individual to perform an activity or function in the listed categories, even with therapy and the use of appropriate devices and medication. Generally, that difference must be at least three times longer than is required by persons of similar age who do not have an impairment in the particular category.

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Do Veterans Have To Be Injured In Combat To Receive Disability Compensation

No. Disability Compensation covers any conditions that came about while the individual was on active duty, so long as the conditions are not a result of the misconduct of the individual. Veterans who hurt themselves in car accidents, while exercising, while walking to the bathroom in the middle of the night in base housing… they’re covered. Serving in the military is a 24 hour a day job, and Disability Compensation covers all those hours.

Post Traumatic Stress Disorder

Veteran Benefits All Disabled Veterans Qualify For

PTSD is one of the most common VA-rated disabilities. Post-Traumatic Stress Disorder is not a precise diagnosis of a specific mental state or condition. PTSD is like other mental health issues in that it exists on a spectrum.

You may experience severe PTSD, mild PTSD, or something in the middle. PTSD is caused by traumatic experiences. You dont have to be a combat veteran to experience trauma that leads to PTSD. Any time your life or the life of a loved one is in danger, any time you have witnessed trauma , or any number of other stressors can lead to PTSD.

In order to obtain a VA rating for this, you will be required to be evaluated by a VA provider. This evaluation seeks to establish that the trauma was service-connected, the severity of it, and other factors. Some sources report a PTSD rating of 70% is not uncommon.

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How Does Userra Differ From The Americans With Disabilities Act

USERRA prohibits employers from discriminating against employees or applicants for employment on the basis of their military status or military obligations. It also protects the reemployment rights of those who leave their civilian jobs to serve in the uniformed services, including the U.S. Reserve forces and state, District of Columbia and territory National Guards.

Both USERRA and the ADA include reasonable accommodation obligations however, USERRA requires employers to go further than the ADA by making reasonable efforts to assist a veteran who is returning to employment in becoming qualified for a job. The employer must help the veteran become qualified to perform the duties of the position whether or not the veteran has a service-connected disability requiring reasonable accommodation. This could include providing training or retraining for the position.

Title I of the ADA prohibits employers from discriminating against qualified individuals with disabilities with respect to hiring, promotion, termination, and other terms, conditions and privileges of employment. The ADA also prohibits disability-based harassment and provides that, absent undue hardship , applicants and employees with disabilities are entitled to reasonable accommodation.

How Much Money Will My Rating Get Me Monthly

For VA disability, the exact amount you receive monthly will depend on your total combined rating and if you have any dependents. You can find the VA’s current rates on our VA Disability Chart page for all percentage levels and options. For DoD Disability, the exact amount of your payment can be figured using a different equation for medical separations and medical retirements. See our DoD Disability page for full details.

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