1. Zimberlin Law LLC
267 Main Street | Manchester, CT 06042
(p) 860.783.5999 | (f) 860.783.5996
www.zimberlinlaw.com
Overview on Veterans Disability Compensation
You’ve served our country. Now you’re disabled. Fighting the VA can be a daunting prospect. Claims can
take years to navigate through the system. The two major VA disability benefits are service- connected
compensation and needs based, non- service connected pension.
Both mental and physical conditions can be compensated as a service connected disability.
A veteran is entitled to compensation for disabilities incurred in or aggravated during active military,
naval or air service. 38 USC §1110. When a claim is made, the VA will make three decisions:
1. Whether disability is service connected
2. The percentage of disability – from 0% to 100%
3. The effective date. This is the date from which benefits are paid; usually the date of the claim or
back to the day after discharge
Entitlement Criteria:
1. A current disability
2. An incident or event during service
3. A link between the current disability and the incident or event during service
FIVE WAYS TO ESTABLISH SERVICE CONNECTION:
1. Direct service connection.
2. Aggravation
3. Statutory Presumption
4. Secondary service connection
5. Caused by VA Medical Treatment or Vocational Rehabilitation §1151
2. Non-Service Connected Pension:
1. Wartime service,
2. Low income, and a
3. Total and permanent disability. 38 U.S.C. § 1513
THE PROCESS – Beware: Each time the VA makes a decision the clock starts ticking and the Statute of
Limitations begins
1. File a claim at the Regional Office
2. Regional Office decision
3. File a Notice of Disagreement
4. Receive a Statement of the Case
5. Decision Review Officer Hearing
6. File a Form 9
7. Optional Board Hearing
8. Board of Veterans Affairs decision
9. Appeal to US Court of Appeals for Veterans Claims
10. Appeal to Federal Circuit
11. Appeal to US Supreme Court
Filing The Claim - These rules have changed over time. Be sure to consult an attorney.
1. Formal Claim This is made on a form 21-526.
2. Informal claim. 38 C.F.R. 3.155(a). Any communication from a veteran indicating an intent to
apply for a benefit constitutes an informal claim. It must be in writing. 38 CFR 3.155, 3.157 and
3.159.
3. Inferred Claim. This is a claim not directly raised by the claimant but “reasonably raised” by the
record. There is no CFR on point, however there is mention of an inferred claim in the VA
Manual, M21-1MR, Part III, subpart iv, Chapter 6, Section B, pages 1-8.
4. Reopened claim
5. Claim for revision based on clear and unmistakable error (“CUE” claim)
Common claims include
1. Post-Traumatic Stress Disorder PTSD
2. Military Sexual Trauma
3. Physical impairments
4. Mental impairments
5. Injuries incurred or aggravated while receiving VA-sponsored medical treatment
6. Different types of cancers
7. Anything else that can be connected to your time in service
