1. What is service connected disability compensation?

The VA compensation program provides monthly benefits if a veteran is disabled because of an injury or disease incurred in or aggravated during military service, and for certain conditions which may develop after release from active duty if you were released from active military duty with an other than dishonorable discharge. There is no time limit to apply for VA disability compensation. However, you are encouraged to apply within one year of your release from active duty as entitlement is established retroactively to the date of separation if your claim is filed within this period. The effective date of eligibility for benefits will be based upon the date of your claim if you apply beyond the one-year period. A claim for compensation may be established by evidence showing that an injury or illness arose or became worse during service and that the veteran currently suffers from that difficulty.

2. How is the amount of disability compensation determined?

The amount of compensation paid depends on how severe the medical problem is. Severity can vary from 10 percent to 100 percent disability. Benefits range up to a certain amount each month, with additional payments for certain severe disabilities. The rate of compensation may change as the severity of injury or illness changes. If you have dependents, an additional allowance may be added id your disability is over 30%. An allowance for clothing or transportation is available if certain requirements are met.

3. I receive military retired pay. Should I file for disability compensation and will my retire pay be affected?

It is important to file a claim if you are disabled because of an injury or disease incurred in or aggravated during your military service. Service connected disabled veterans are afforded some benefits not offered to military retirees. By law, the payment of VA compensation benefits is affected by the receipt of military retired pay. If you receive military retirement, you may initiate a waiver of your retired pay to receive the full amount of VA compensation. Until the waiver takes effect, your compensation will be adjusted or withheld depending on the amount of military retired pay you are entitled to.

The advantage of waiving military retired pay for VA compensation is that VA benefits are not taxable. As of 2004, this law changed so that qualified disabled military retirees will now get paid both their full military retirement pay and their VA compensation. This law phases out (over 9 years) the VA Disability Offset, which means that military retirees with 20 years or more of service and a 50% or higher VA rated disability will no longer have their military retirement pay reduced by the amount of their VA compensation. Under this program, full restoration will occur in 2014.

4. I received disability severance pay when I left the military. Will this affect my VA compensation?

Law prohibits payment of VA compensation and military disability severance pay for the same medical condition or disability. VA compensation will be withheld on a monthly basis until the total amount of military severance pay has been recovered. Special Separation Benefit (SSB) - VA compensation will be withheld in full until the amount of the SSB has been recovered.

5. I plan to join the Selected Reserve or the National Guard when I leave active duty. Can I file a claim for service connected disability?

Yes. You may file a claim if you are disabled because of an injury or disease incurred in or aggravated during your military service. Of course if your condition is severe, you may not meet the requirements of the Guard or Reserves. If you are an active member of the Selected Reserve or National Guard, your VA compensation will be withheld at the rate of one day of pay for each drill period served. Also, VA compensation is not payable while serving full-time on active duty.

6. How do I file a claim for service connected disability?

The VA claims process can be very confusing and frustrating. We suggest you contact a veteran service organization or County Director of Veterans' Affairs for
professional assistance and representation.

7. What supporting evidence and/or documents should I take with me when I visit my representative?

The following supporting evidence and/or documents should be submitted with your application:

• Service Medical Records - Those applicants who have their service medical records are encouraged to submit them with their application to expedite processing. Otherwise, VA will contact the service department to obtain them.
• Other Medical Records - Medical records to substantiate any and all treatment by private doctors and hospitals.
• Dependency Documents - Original or copies of birth and marriage certificates and copies of divorce/death record terminating all of your prior marriages and those of your spouse.
• Military Discharge/DD Form 214 - (Copy 4 - Member Copy) Those applicants who have a copy of their DD-214 are encouraged to provide a copy with their claim to expedite processing. Otherwise, VA will attempt to obtain verification from the service department.