Gardberg & Kemmerly, P.C. Attorneys at Law

What must I show to receive Veteran Benefits?

In order to receive Veteran’s benefits, the veteran must show that his disability is service connected. To do so, it must be shown that the condition 1.) occurred or was aggravated while in service; 2.) there is a current disability; and 3.) a nexus between the two exists. 38 U.S.C. § 1110; see also 38 C.F.R. § 3.4. The disability is considered service connected if the three aforementioned requirements are met.

If a veteran satisfies the requirements for service connection, the service connected impairment is rated using a percentage from 0% to 100%. 38 C.F.R. Part 4. For instance, a veteran with a service connected impairment of diabetes mellitus that is manageable by restricted diet would be rated at 10%. The veteran would be entitled to a 40% rating if he or she required insulin, restricted diet, and regulations of activities.

A veteran can be found to be unemployable, which pays the veteran at the 100% rate although her impairments do not meet the 100% rating requirement. Total disability based on individual unemployability (“TDIU”) is for veterans who cannot maintain substantially gainful employment. To receive TDIU the veteran must show one service connected disability ratable at sixty percent or two or more service connected disabilities, at least one disability ratable at forty percent or more with a combined rating of seventy percent or more. 38 C.F.R. § 4.16(a).

If you are a veteran that has a medical condition that is caused by your service you should apply for veteran’s benefits. You earned them.

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