Do You Qualify for a VA Disability Rating?

Many Veterans are entitled to monthly tax-free compensation and critical health care due to a disability caused or worsened by their military service. Yet, it’s often unclear to Vets how eligibility for these benefits is determined and whether they would qualify. 

Rather than have them give up in frustration while pursuing the benefits they deserve, we believe Veterans need clarity regarding their VA disability claims. That’s why we’re explaining precisely what it takes to receive a VA disability rating in 2024.  

Eligibility Starts with Service Connection 

The most obvious requirement for a VA disability rating is that you must have served on active duty, active duty for training, or inactive duty training and also have a current illness or injury that affects your mind or body. Receiving an other than honorable, bad conduct, or dishonorable discharge may preclude you from obtaining disability benefits. However, eligibility primarily hinges on establishing a connection between your condition and military service. 

Veterans seeking a disability rating from the VA must be able to link their condition to past military service. Referred to as service connection, this often occurs when a Veteran gets sick or injured while serving in the military, resulting in a disability. Alternatively, Veterans with a pre-existing illness or injury that is made worse by serving can also attain the required service connection. 

Vets who already have a service-connected disability sometimes need to request an updated rating when the condition worsens. Or, they may need to seek an additional rating for what is known as a secondary condition – a new disability that was caused by the original service-connected condition. 

In some cases, a disability related to active-duty service doesn’t appear until after discharge.  Veterans in this situation must rely on thorough medical evidence that establishes a relationship between the condition and previous military service. Once the VA reviews and approves this documentation, these disabilities will also be considered service-connected and eligible for a disability rating and compensation.

Presumptive Conditions and The PACT ACT

While medical evidence is always necessary to complete a VA disability claim, certain conditions are presumed to be related to military service. These are called presumptive conditions, and Veterans who meet the requirements for presumption do not have to prove that their service caused or worsened the disability.

Presumptive conditions include chronic illnesses that appear within the first year after discharge, illnesses caused by contact with toxic chemicals or hazardous materials, and illnesses resulting from time spent as a prisoner of war (POW). 

It’s important to note that the signing of the PACT Act in 2022 dramatically increased the presumptive conditions for Vets from Vietnam, the Gulf War, and post-9/11 eras due to health concerns from exposure to burn pits, Agent Orange, and other toxic substances. An additional expansion of the PACT Act occurred in March of 2024, earlier than initially anticipated in the legislation. Detailed information about Pact Act eligibility and its impact on VA benefits is available from the VA’s website. 

Filing a Claim for VA Benefits

If you believe you have a condition that qualifies for a VA disability rating, either through a new service connection or a PACT Act or VA presumptive condition, you must file a claim with the VA before receiving any benefits. Even if your condition is not currently impacting your daily life, a 0% rating will create an important foundation that can make obtaining a future increase simpler. 

REE Medical has provided more than 60,000 Veterans with Disability Benefits Questionnaires (DBQs) that support their cases for service connection and more accurate disability ratings. Recently, we added DBQs for initial claims to the comprehensive medical evidence available from our nationwide network of doctors. Eligibility for our new Initial Claims service does require you to have already documented your existing disability, as our physicians cannot provide a new diagnosis.  

Ultimately, the Department of Veterans Administration will make the final decision on your request for service connection and disability rating. The outcome relies heavily on your medical documentation and evidence-based documents prepared by qualified and credible medical experts, which are essential to a successful claim. 

Contact REE Medical today to begin a proven process that connects Veterans with accurate medical evidence that can strengthen a VA disability claim. Our VA disability rating calculator makes it easy to see the impact of a specific rating, and our Benefits Consultants are ready to schedule a free consultation to discuss your options.

FAQs from Veterans Eligible for a VA Rating

How long does a VA disability claim take?

According to the VA, disability-related claims take an average of 158 days to complete as of February 2024. However, the time required is directly related to the type of claim, the number and complexity of your injuries or disabilities, and how long it takes for the VA to obtain the necessary evidence. 

How often does the VA update claim status?

Your VA claim status will update as it progresses, but there is no predetermined update schedule. At any given time, your status will be in one of five steps of the process: Claim Received, Initial Review, Evidence Gathering, Review, and Decision, Preparing for Notification, and Claim Complete. If the VA requests more evidence, your claim could enter the Evidence Gathering stage more than once. 

What is the PACT Act for Veterans?

The PACT Act was signed into law in 2022 and expanded VA health care and benefits for Veterans exposed to burn pits, Agent Orange, and other toxic substances. The law gives Vets from Vietnam, the Gulf War and post 9/11 eras access to benefits based on various presumptive conditions due to toxic exposure. 

In addition, as of March 5, 2024, all veterans who were exposed to toxins and other hazards during their service, at home or abroad, are eligible to enroll directly in VA health care without first applying for VA benefits. The VA provides detailed information about the Pact Act’s impact on VA benefits.

Are there laws to protect Veterans with service-connected disabilities from discrimination?

Yes. The Americans with Disabilities Act (ADA), Section 504 of the Rehabilitation Act of 1973, and the Uniformed Services Employment and Reemployment Rights Act (USERRA) all provide legal protections to disabled Vets. 

The ADA prevents employers from treating applicants or employees unfavorably due to a disability. It also requires employers to make reasonable accommodations for individuals when applying for jobs, performing job duties, and accessing facilities. 

The Rehabilitation Act of 1973 extends similar protections to roles funded by the federal government, including the executive branch, government contractors and organizations receiving grants or other federal subsidies. 

USERRA prevents employers from discriminating against employees or applicants for employment based on their military status or military obligations. It also protects the reemployment rights of individuals who leave their civilian jobs to serve in the uniformed services. Under USERRA, employers may need to provide training, retraining, or make other reasonable efforts to help a Veteran who is returning to employment after military service, whether or not they have a service-connected disability.