Veterans: Are You Sabotaging Your Disability Claim?

Navigating the world of disability benefits can be a minefield of misinformation, especially for our veterans. Are you making assumptions that could jeopardize your claim?

## Myth: Only Combat Veterans Qualify for Disability

This is a persistent and damaging myth. While combat experience can certainly contribute to disabilities, it is by no means the only path to eligibility for disability benefits for veterans. The Department of Veterans Affairs (VA) offers benefits to anyone who developed a condition, or whose existing condition was worsened, during their time in service, regardless of their role or location. According to the VA’s website on disability compensation ([link to VA disability compensation](https://www.benefits.va.gov/compensation/)), even injuries sustained during training exercises or illnesses contracted while on active duty can qualify a veteran for compensation.

I had a client last year, a former supply clerk stationed at Fort Benning, Georgia. He developed severe arthritis during his service due to the repetitive strain of lifting heavy boxes. He initially believed he wasn’t eligible because he hadn’t seen combat. However, with proper medical documentation and a clear connection to his military service, we were able to secure a disability rating for him. It’s about proving the link, not the battlefield.

## Myth: You Can Only Claim Disabilities Directly Caused by Combat

This is a dangerous misconception. Many veterans suffer from conditions that are related to their service but not a direct result of a combat wound. This is where the concept of secondary service connection comes into play. A pre-existing condition that was aggravated by military service, or a new condition that arose as a result of a service-connected condition, can also be grounds for a disability claim.

For example, if a veteran develops depression as a result of chronic pain from a combat injury, the depression can be claimed as a secondary disability. The key is to establish a clear link, often through medical evidence, between the primary service-connected condition and the secondary condition. This is codified under 38 U.S. Code § 1151, which addresses disabilities related to VA healthcare ([link to 38 U.S. Code § 1151](https://www.law.cornell.edu/topn/veterans%27_benefits)). Don’t assume that if your disability isn’t directly from a bullet or explosion, you’re out of luck. Many veterans also miss out on unclaimed VA benefits.

## Myth: Filing for an Increased Disability Rating is Simple

Think filing for an increase is just a formality? Think again. Many veterans believe that simply stating their condition has worsened is enough to warrant a higher disability rating. Unfortunately, the VA requires more than just a feeling. You need to provide substantial evidence demonstrating a sustained worsening of your condition. This typically involves updated medical records, including doctor’s reports and test results, showing a decline in your functional abilities.

We ran into this exact issue at my previous firm. A veteran in Columbus, Georgia, with a service-connected back injury filed for an increase, stating his pain had increased. He provided no new medical evidence. His claim was denied. To successfully increase your rating, document, document, document. Keep a detailed pain journal, attend all scheduled medical appointments, and ensure your doctor thoroughly documents the progression of your symptoms. A personal statement outlining how the worsening condition impacts your daily life can also be incredibly helpful, but it needs to be supported by medical evidence.

## Myth: You Don’t Need a Lawyer to File a Disability Claim

While it’s certainly possible to file a disability claim without legal representation, doing so can be a significant disadvantage, especially if your initial claim is denied. The VA claims process can be complex and confusing, requiring a thorough understanding of regulations and case law. A lawyer who is accredited by the Department of Veterans Affairs can provide invaluable assistance in gathering evidence, preparing legal arguments, and representing you in appeals. Many veterans find that veteran finances advisors can also provide valuable guidance.

According to the American Bar Association ([link to ABA](https://www.americanbar.org/groups/legal_services/milvets/aba_homefront/disability_benefits_manual/)), veterans who are represented by attorneys are more likely to receive a favorable outcome in their disability claims. Here’s what nobody tells you: the VA has lawyers working for them. Level the playing field. Consider seeking legal counsel, especially if you’ve been denied benefits previously.

## Myth: Once You Get a Rating, It’s Permanent

This is a common misconception that can lead to complacency. While it’s true that some disability ratings are considered “protected,” meaning they are unlikely to be reduced, the VA can re-evaluate your condition and potentially reduce your rating if they determine your condition has improved. This can happen if there is evidence of significant and sustained improvement in your medical records. It’s crucial to understand VA benefits and combatting myths.

I had a client last year who learned this the hard way. He had a 50% rating for PTSD, but after several years of successful therapy, the VA requested a re-evaluation. While his symptoms had indeed improved, he wasn’t prepared for the possibility of a reduced rating. The VA reduced it to 30%. The lesson? Continue to seek medical care and document your condition, even after you receive a disability rating. If you believe your rating was unfairly reduced, you have the right to appeal. Understanding how to repair your credit can also be beneficial during this time.

Don’t let these myths derail your pursuit of the benefits you deserve. Understanding the truth about disability compensation for veterans is the first step toward a successful claim.

The next step is to take action. Don’t let misinformation hold you back from seeking the benefits you earned. Start gathering your medical records, documenting your symptoms, and seeking qualified legal assistance if needed. Your future depends on it. You might also want to consider how to maximize benefits and master your money.