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VA Disability Claims, cont.

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Other Benefits

  • Disability Severance Pay - By law, payment of VA compensation and military disability severance pay for the same medical condition or disability is prohibited.
    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.

  • Voluntary Separation Incentive (VSI) - Your annual VSI payment will be reduced by an amount equal to the amount of VA compensation paid for the same period.

  • Selected Reserve and National Guard - By law, 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. In addition, VA compensation is not payable to individuals serving full time on active duty.

Eligibility for Benefits

You may be entitled to VA disability compensation for any medical condition or injury that was incurred in or aggravated by your military service, if you were released from active military duty with anything 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 since 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.

There is a "presumptive period" time limitation on some disabilities which may preclude a claim if 1) there is no diagnosis recorded within that period from date of separation, and 2) there is no notation of the disease or injury in the Service Medical Record (SMR).

How to Apply

VA Form 21-526, Veteran's Application for Compensation or Pension, is the document that should be used in applying. The following supporting evidence and/or documents should be submitted with your application:

  • Service Medical Records. Applicants who have their service medical records are encouraged to submit them with their applications in order to expedite processing. Otherwise, VA will contact the service department to obtain them.
  • Other Medical Records. Medical records should be included when they substantiate any and all treatment by private doctors and hospitals.
  • Dependency Documents. Such documents should include originals or copies of birth and marriage certificates. They should also include copies of divorce/death records terminating all prior marriages and those of the spouse.
  • Military Discharge/DD Form 214 (Copy 4 - Member Copy). 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.
 
 

 

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