Types of VA Disability Claims

Veterans Disability Lawyer

U.S. military veterans can collect financial benefits for diseases or injuries that can be attributed to their time as service members. There are several types of veterans disability, including post-service claims, hazardous materials claims, Gulf War Syndrome claims, and POW claims. If you suffered injury or illness as a service member, our veterans disability attorneys can help you collect benefits. Call our office today to learn more about your legal rights and options.

Diseases Developed Within a Year of Discharge

If your disability appeared within one year of your military discharge, you may be able to file for post-service disability benefits. According to the U.S. Department of Veterans Affairs, service members can file for benefits for certain diseases that appear within one year of discharge from the military. Common illnesses and conditions include hypertension, peptic ulcers, and diabetes mellitus. In order to file this type of claim, you must not have been dishonorably discharged.

Additionally, you must develop a disease that is 10% disabling, and the disease must be listed in Title 38, Code of Federal Regulation 3.309(a). Certain diseases do not have to develop within one year of discharge. For example, Hansen’s Disease, tuberculosis, multiple sclerosis, and amyotrophic later sclerosis (ALS) are not confined by the one year restriction. In order to collect compensation, you must be able to show that the disease is at least 10% disabling and that the disease developed within one year of your military discharge.

Hazardous Material Exposure

“Exposure to hazardous materials” is another type of post-service claim. Service members may be exposed to a variety of dangerous chemicals and materials. If you develop a disability or illness because of hazardous material exposure, you may be able to collect compensation. Two common forms of hazardous exposure include asbestos and contaminated drinking water at Camp Lejeune. Click here to learn more about Camp Lejeune cases. Specific environmental hazards include burn pits, particulate matter, chemical fires, and waste disposal pollution.

Gulf War Syndrome

After the Gulf War, some veterans began suffering from chronic, unexplained symptoms. These symptoms include fatigue, headaches, joint pain, indigestion, insomnia, respiratory disorders, dizziness, and difficulty remembering. In order to collect compensation for Gulf War Illness, you must have undiagnosed or diagnosed conditions that appeared during a qualifying period of time before December 31, 2016. Additionally, your illness cannot be attributed to anything other than your military service and must have existed for at least six months.

Compensation for Former POWs

If you are a former prisoner of war (POW), you may be able to collect compensation for any illness or disability that can be attributed to your time in military service and captivity. The U.S. Department of Veterans Affairs says that deprivation, trauma, cold injury and other symptoms associated with military captivity have been known to cause long-tern debilitating side effects. For instance, former POWs can collect compensation for heart disease, stroke, cold injury, traumatic arthritis, cold injury, neuro-psychiatric disorders, and osteoporosis. Other conditions include digestive disorders, peripheral neuropathy, helminthiasis, and nutritional deficiencies.

Types of Disability Compensation

According to the United States Department of Veterans Affairs, there are many types of compensation for veterans. Disability compensation refers to a tax-free, financial supplement paid to a veteran with any disability acquired during active military service. Generally speaking, the amount of money received is determined by the degree of the disability on a scale of 10% to 100%. Compensation is designed to pay for lost working potential or missed wages caused by illness or injury.

  • Dependency and Indemnity Compensation (DIC) is a tax-free benefit payable to surviving spouses, children, or parents of service members killed in active duty. DIC compensation is usually given when the surviving spouse, child, or parent was financially dependent on the service member.
  • Special Monthly Compensation (SMC) is a tax-free benefit paid to veterans or their surviving families. When paid to veterans, the compensation is used to provide a higher rate of compensation for special circumstances. For instance, service members who suffered the loss of an arm or leg may be eligible for SMC compensation.

Contact Bosley & Bratch Today

Do you need a high-quality veterans disability attorney? Bosley & Bratch can help! At the firm, we are well-versed in VA disability claims and appeals. We can help you through the veterans disability claims process so that you stand the best possible chance of obtain the compensation you need and deserve. With an attorney from our firm on your side, you can rest assured that your VA disability claim is in good hands. Contact us today!