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.

Couldn’t be happier with the service they provided me. After so much time spent working with the VA to grant me disability for my service connected disabilities I was denied. Exhausted with the process and ready to give up a friend recommended this firm to assist me with an appeal. They handled all of it, keeping me updated regularly on progress, and eventually getting me the disability rating that was due. This was the happiest I’ve been to pay an invoice for services received.Kendall Lucy
100 % recomendable, in my humble opinion they are the best. I am very grateful with their assistance in filling my claim with the VA and winning They have done an outstanding job. They are professional ThanksFrancisco Javier Pérez A
They assessed my case as being potentially tdiu qualified and got to work right away. I only provided the information they asked me for and let them do their work. I didn’t hound them, I didn’t pester them, I just let them do their work and provided what they asked for and trusted the process. Within a few months or so I was awarded a tdiu rating. In my case I’m a combat vet of oef, but the Va had denied me twice for a benefit that I know I qualified for. The Perkins-studdard firm got the the benefit I deserved and I am eternally grateful for their expertise and hard work.M C
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I saw Travis on some YouTube videos. It was the way he worded things, I just felt compelled to contact them about my situation, he seemed trustworthy. Travis told me he thought he could help me. I was hesitant, but proceeded. The claim process was long, but my claim was granted. They are organized and punctual. Jessica and Travis are a strong team. I feel the Lord led me to Perkins & Studdard. I consider Travis an advocate and friend. ThanksCorby Reese
It has been a pleasure working with Jason and firm, very knowledgeable and professional, He did awesome job to get settlement that I need for my workmen comp case which was fair in my case, cause the insurance company was trying low ball me and not give me nothing but Jason fix that ….I truly recommend Perkins&studdard any workmen comp case that you have and also want thank Tina also for helping me along this process Thank you Perkins&studdardjahbari swint
Thank you Jason and Tina for everything you've done. Much appreciated. Great law firm! Great results!! Thank you!!! (Austin and Valerie)Valerie Mellinger
Travis and the team working on my VA claim are awesome. I’m happy with their integrity and diligence on working on my claim.Chris “Greybeard” Mullennix
I can't express enough how great it was to work with Perkins Studdard. They are extremely knowledgeable, professional and keep you aware of everything happening with your case. Very friendly from the front office to Mr. Perkins. I would HIGHLY recommend Perkins Studdard!James Strickland
I recommend Travis for an Veteran that has been dealing with constant denial with claims. He also , cover cost for my nexus letter when I ran into financial troubles , that helped me win my case.edwin Cook

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