Establishing a Disability – Veterans’ Disability Compensation Benefits

In our last blog, we discussed the “in service event” requirement that a veteran must establish in order to qualify for veterans’ disability compensation benefits.  This blog post will discuss another requirement of qualifying for those benefits: establishing a disability or disabilities.

How does VA define “disability”?

A disability is defined in 38 C.F.R. § 4.1 as “the average impairment in earning capacity” from a disease or injury.  Disabilities can be either physical, psychological, or both.

For most veterans, disabilities include both injuries and diseases/conditions.  Some common disabilities that may be associated with military service include back and neck injuries, traumatic brain injuries, post traumatic stress disorder, diabetes, heart disease, and cancer.

The different types of disabilities that may qualify a veteran for some percentage of disability compensation benefits are too numerous to list in their entirety, so the list above is certainly not intended to complete.  Any disease, condition, or injury that impairs you in some manner may potentially be a disability.

Establishing a disability

Sometimes, veterans may need medical evidence to establish that their conditions qualify as disabilities.   In certain circumstances, the Department of Veterans Affairs can be required to provide a veteran a medical examination (known as a “C&P exam”) when it is necessary to reach a decision in the claim.

If you have questions about whether an injury or condition that you have may qualify as a current disability or whether the VA might be required to provide you a C & P examination, please feel free to call our office or complete the “Need Help” form on this page for a free consultation with one of our attorneys that handles veterans disability claims.

The “nexus” requirement

Once a veteran has established an in service event and a current disability, the last requirement is to establish a nexus between the in service event and the current disability.  That requirement will be covered in our final blog post in this series.

Travis Studdard is an attorney who focuses on representing veterans in VA disability compensation claims.  He regularly writes about issues that are important to veterans and their families.

You can subscribe to his Veterans Disability channel on YouTube.

Rita BarnesRita Barnes
00:03 20 Jan 22
This is a great group of people who really care about your well being. They all treated me as though I was family and helped me with my work comp case in more ways than the average would have.Thank you Jason and Thank you Tina! For doing an awesome job.
Cortex ButlerCortex Butler
18:09 29 Dec 21
I am a Veteran of United States Air Force and was awarded my first 30% in 1996 and have been fighting for my rating for 26 years I came to Perkins and Studdard in 2019 while my mom was in a terrible incident and was given to much anesthesia and through GODS Grace she was spared her life, She is disabled since 2018 and I have been struggling with my life and issues and yet I didn’t call the law firm every 10 minutes or call being rude anytime, I mentioned this as I got to know Jessica more than just a phone call and Mr Studdard was always available when not working on other cases or in court, They always called back and Never had to do a call back, My Review is Simple in Life there peaks and valleys and it doesn’t stop because you have issues, Perkins & Studdard took my case in 2019 in 2021 I received my 100% from VA, I Was Never Rude, I was Never Promised Success, I Was Never Lied too and I was Always Treated with Respect, Friendliness, and Kindness the Real Stuff not a (Money Thing) If You want a firm that Cares about the Client and will work on your case even through a pandemic, Will not lie, will not promise anything will communicate your case and will Give you their Best ALWAYS THIS IS THE Best Law Firm for VETS HANDS DOWN Perkins and Studdard THERE IS NO OTHER 100% we had 5 calls Total Case That’s Taking Care Of Business
annetteMomma nokesannetteMomma nokes
14:29 12 Sep 16
Jason and his paralegal Lisa were on point and on top of their game when it came to handling my worker's comp. injury case. I tried going it alone and the insurance carrier pushed me around. They denied extra physical therapy. They denied injections the doctor recommended to ease my pain. When I turned my case over to Jason things turned around, QUICK. They were at all times attentive and on top of my case. I cannot recommend Jason and his staff enough. If you are hurt at work, this is the firm you want on YOUR side.
Sheila KirklinSheila Kirklin
23:11 12 May 16
Jason Perkins, was my lawyer in a workers comp. case, my case has settled now, and I am very happy for all Jason and his office hard work on my case, he was always there to help me out with any questions that I had or help I needed. Jason is a excellent lawyer and if I ever need another one I would only go to Perkins,Because I believe they would be able to help me in any situation I am in need of..
Anna PabonAnna Pabon
23:16 13 Sep 15
I recommend Perkins Law Firm. Everyone I came in contact with there was very nice. Kim was very helpful and any time I had a question she made sure I got an answer. Ann Margaret really took the time to explain things to me.
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