07/18/2023
¿Es usted elegible para recibir beneficios por incapacidad para veteranos si aún puede trabajar?
Here’s something many disabled veterans may not know: Even if one is working or able to work, eligibility for VA disability compensation may still be possible – even at the 100 percent evaluation level.
For many VA claims, current employment or ability to work does not bar you from receiving benefits.
In fact, it’s not even considered in the VA’s evaluation of the condition. Veterans should not let the fact alone that they’re able to work keep them from applying for benefits for service-related injuries, illnesses or disabilities.
Instead, claimants should try to become knowledgeable of the specific rating requirements for any conditions at issue.
For example, consider the rating criteria for Valvular Heart Disease. Nowhere in the rating for that condition is employment or ability to work expressly considered, although physical exertion levels are.
However, compare that with the rating criteria for Mental Disorders. These ratings expressly consider “occupational and social impairment.” If a person works full-time without accommodations being made by the employer for the mental disability, it’s most likely that person would not be able to receive a 100 percent rating for the condition as they are not likely to have a total occupational impairment.
Military veterans signed an enlistment contract. They raised their hands and swore to support and defend the Constitution. That contract wasn’t one-sided though and Congress additionally recognizes many of the sacrifices servicemembers make. If a veteran upheld his or her end of the bargain, the government needs to uphold theirs.
If you were hurt during the time spent serving our country, you may be entitled to certain benefits, including financial compensation and medical treatment. VA disability claims can be filed for conditions ranging from physical and emotional problems to hearing loss and many other medical issues. To qualify, a veteran may need to affirmatively prove the condition was caused or aggravated during the period of active military service.
However, the process for being approved for VA disability benefits isn’t just about listing events that occurred in service and current symptoms. It’s also about making a persuasive legal argument and presenting the medical evidence in convincing fashion in order to win.
Many VA disability claims are denied at the first administrative level but veterans should not let that discourage them from filing or appealing. Navigating the VA system can be very difficult. No matter how “good” your claim is, if not presented properly, the VA may still not approve it. To complicate matters, veterans are sometimes given poor advice by those who do not understand the complexity of the VA disability process.
If you’ve been denied for VA disability benefits, it helps to have an experienced VA-accredited attorney working on your appeal. Our VA-accredited attorneys have helped many disabled veterans with their VA disability claims. Our team can assist you with developing a thorough and effective appeal. Our experience allows us to look for optimizations and errors in order to find you qualified for the highest-level of VA disability benefits you deserve.