Veterans may qualify for VA Disability if their disabilities or diseases are service connected. A person must meet certain requirements in order to receive VA Disability through the Veteran’s Administration.
An eligible veteran is a “person who served in the active military, naval, or air service, and who was discharged or released therefrom under conditions other than dishonorable.” 38 U.S.C. § 101(2). A discharge under “other than honorable (OTH)” bars eligibility if found to be the result of willful and persistent misconduct. In cases of discharge OTH, the VA looks to see if the conduct was a minor offense and whether the veteran’s service was “otherwise honest, faithful, and meritorious.”
If a person meets the status of an eligible veteran, then it must be demonstrated that three basic entitlement criteria are met in order to receive benefits:
Evidence that the veteran currently suffers from a disability;
Evidence of an incident, injury, or event during the period of the veteran’s military service; and
Evidence of a link between the current disability and the incident, injury, or event during service.
If a veteran proves these elements, then he can receive monthly payments based on the percentage of disability assigned to the condition(s) deemed to be service connected.
Veterans cannot recover for disabilities resulting from the veteran’s willful misconduct. Additionally, disabilities that result primarily from alcohol or substance abuse are not compensable. However, if alcohol or substance abuse is secondary to a service-connected condition (i.e. self-medicating for PTSD), then the abuse will not bar recovery and any disability resulting from the alcoholism or drug abuse may also be service-connected.
If you need more information about a Veteran’s Disability claim or other legal matter including, Social Security Disability/SSI, personal injury (car wreck, boating accident, slip and fall, etc.), EEOICPA, long or short-term disability, or workers compensation, please contact the Law Offices of Tony Farmer and John Dreiser for a free case evaluation. We can be reached at (865) 584-1211 or (800) 806-4611, through Facebook, or through our website. Our office handles claims throughout East Tennessee, including Knoxville, Chattanooga, Kingsport, Bristol, Johnson City, Morristown, Maryville, Rogersville, Dandridge, Tazewell, New Tazewell, Jefferson City, Strawberry Plains, Sevierville, Gatlinburg, Loudon, Kingston, Halls, Maynardville, Crossville, Cookeville, Jamestown, Sweetwater, Lenoir City, Athens, Oak Ridge, Clinton, LaFollette, Lake City, Jacksboro, Bean Station, Cosby, Newport, White Pine, Mosheim, Wartburg, Sunbright, Pigeon Forge, and Deer Lodge.