Applying For VA Disability Benefits Years After Service: Basic Eligibility For VA Benefits

Posted by Gregory M. Rada | July 26, 2021 | Disability Compensation

A veteran can apply for VA disability compensation benefits any time after service. Put another way, there is no time limit on when you can apply for benefits.

Generally, you must satisfy three elements to service connect a disability:

1. Evidence of current disability, i.e., a current diagnosis of a chronic medical condition;
2. An in-service event, injury, or illness; and
3. A medical nexus/opinion linking the current disability to the in-service event, injury, or illness.

It’s also important to note that VA presumes that certain disabilities resulted from military service. “Presumes” mean you do not need a medical nexus/opinion that links the disability to an in-service event; instead, VA automatically assumes that disability was caused by your service. Click the hyperlink in this sentence to see a full list of presumptive conditions, but common presumptive conditions include:

• For veterans who had “boots on the ground” in Vietnam between 1962 and 1975, VA presumes that type 2 diabetes, ischemic heart disease, Parkinson’s disease, prostate cancer, lung cancer, bladder cancer, and other types of cancers are caused by exposure to Agent Orange.
• For veterans exposed to ionizing radiation, VA presumes that leukemia, cancer of the thyroid, breast, pharynx, esophagus, stomach, small intestine, pancreas, bile ducts, gall bladder, salivary gland, urinary tract, brain, bone, lung, colon, or ovary, and other types of cancer are related to exposure to radiation.
• For Gulf War veterans, VA presumes that conditions such as chronic fatigue syndrome, fibromyalgia, and irritable bowel syndrome are caused by exposure to environmental hazards.

Speak to an Experienced VA Disability Benefits Lawyer Today

To learn more about the eligibility requirements for VA disability benefits or other VA benefits-connected concerns, reach out to After Service LLC. To arrange your free case review with our experienced VA disability benefits lawyer, call 844-838-7529 or fill out our online form.

VA Disability Benefits FAQs

Do VA Disability Benefits Expire?

The monthly tax-free compensation for disabilities aggravated or incurred by veterans during service does not expire and will continue until the condition improves or the veteran passes.

How Far Back Will VA Grant Disability Compensation Benefits?

The effective date of your disability compensation will generally be the date of your claim. If you were previously denied service connection and then successfully reopen the claim, the effective date generally will be the date you reopened the claim.

What is a Compensation and Pension Exam?

A C&P exam is an examination ordered by the VA and conducted by a VA medical provider (or a third-party contractor such as VES, QTC, or LHI) to document and determine the current severity of your condition. The results of a C&P examination are used to assign the rating for the disability. C&P exams are also used to request a medical opinion from the examiner as to whether a current condition is “at least as likely as not (50% chance)” related to service.

Can I Add Dependents to my VA Disability Award?

Yes. You can add your spouse, dependent children, and/or dependent parents to your VA disability award, and the VA will increase your monthly compensation for each dependent.