Filing For Benefits For Injuries Sustained While In the Military

If you sustained an injury during active duty military service, you are entitled to file for disability benefits which will pay you a monthly benefit. You can file for VA disability benefits and also for disability benefits from the Social Security Administration.

VA Benefits

When the VA makes a decision about benefits, your disability is evaluated and rated according to a percentage scale which runs in increments of 10 from 10% to 100%. The amount of the monthly benefit that is paid is calculated based on your disability rating and also whether or not you have dependents, and how many dependents you have.

Monthly benefits range from a little over $100 per month for a 10% rating to over $3,000 per month for a 100% rating for a married veteran with two children.

• If you are a veteran with more than one disability, each disability is evaluated and given its own rating
• Your scores are added together as appropriate, but cannot exceed 100% disabled 
• You are eligible for benefits as long as your discharge was not dishonorable and you are found to be disabled

Social Security

In addition to filing for VA benefits, you may also be eligible for disability benefits from one of two programs offered by Social Security:

• SSDI, or Social Security Disability Insurance for those who have paid FICA taxes long enough and recently enough
• SSI, or Supplemental Security Income for low income disabled, those over 65 or the blind 
• For SSDI and SSI the veteran must have a medical condition that prevents them from performing significant work (if working, can't earn more than $1,000 per month) and the condition has to last at least 12 months or be expected to result in death

Filing for Benefits

You will file for benefits twice, once for each type of disability benefit so you will need multiple copies of your medical records and it will help if you realize that both processes are complex, different from each other, and require patience and persistence.

• For VA benefits you will file VA Form 21-526 and include the copies of the following supplemental information: all medical records in your possession from doctors, hospitals, testing and treatments; your discharge papers; your marriage certificate and children's birth certificates.
• For Social Security benefits, an application and Disability Report will be filed, along with any supporting medical evidence. You will also be asked to supply full contact information for every medical professional and facility that treated you so that records can be requested for evaluation. As part of the application you will be providing your work history, which is part of the eligibility process.

A word about Social Security benefits: if you were disabled on active duty after October 2001 there is an expedited approval process, which can shave months off the normal decision making time. Also, it is quite common to be denied benefits at first and then have them granted later either on Reconsideration or at a hearing before an Administrative Law Judge.

Get Legal Help

Filing for disability benefits is a complicated, time-consuming process that can be made much easier and more effective if you hire an attorney who specializes in disability benefits to help you. Your attorney can make sure your application is complete (saves valuable time) and contains accurate information about your condition (increases your chances of success). Talk to an attorney today about the specifics of your situation and see how they can help you get the benefits you are entitled to.