Question:

What is service-connected compensation?

Answer:

Although there are many different benefits available from the VA veterans are often most interested in service-connected compensation. Service-connected compensation, also referred to as disability compensation, is a monetary benefit paid to veterans on a monthly basis because of injuries or diseases that happened while on active duty, or were made worse by active military service. As previously mentioned these tax-free benefits are also paid to some veterans who are disabled as a direct result of VA health care. Depending upon whether the veteran is married and or has dependents monthly compensation payments range from $123.00 to $3,052.00.

There are five different ways to establish service connection and each carries with it subtle nuances. The five methods of service connection are:

  1. Direct Service Connection-This can be established by showing that a current disability was directly due to, or caused during, active military service. For example a veteran may have been injured during a parachute jump during training and now suffers from a back disability. This theory also applies if the veteran was off duty or on leave or liberty when the incident occurred. For example the veteran may have had a similar parachute accident while participating in recreational skydiving off base. In either case if the injury was related to active military service or it occurred during active military service it can be directly service-connected if it caused the veterans current disability.

  2. Aggravation-This can be established where an injury or disease is considered to have been aggravated by active military, naval, or air service where there is an increase in disability during such service, unless there is a specific finding that the increase in disability is due to the normal progress of the disease. For example prior to entering service a veteran tears their meniscus playing high school football. The tear requires surgery to the meniscus. The knee heals and the veteran is given a clean bill of health by his orthopedic physician. The veteran plays high school football the following year and joins the military after high school graduation. The veteran informs the military of his prior knee injury and he passes the entrance physical. Years later the veteran again tears his meniscus while fast roping out of a helicopter. While fast roping the veteran suffers a very hard landing. In this case his preexisting condition has been aggravated by his military service and as such he is entitled to service connection for his knee injury.

  3. Statutory Presumptions-In some instances Congress has created procedural devices which reduce the veterans burden of establishing service connection. These procedural devices, called statutory presumptions, presume the existence of a fact despite the lack of specific evidence of the fact’s existence. Where a statutory presumption applies, the burden shifts to the VA to rebut the existence of the presumed fact with specific evidence. There are a number of different presumptions covering chronic diseases, tropical diseases, prisoners of war, exposure to herbicide agents, exposure to radiation and Persian Gulf veterans.

  4. Secondary Service Connection-If a disability has been service-connected and that disability directly or indirectly causes another disability, the new disability can be service-connected as secondary to the primary service-connected disability. The new disability will be treated as if it were a result of the veteran’s military service and will be evaluated for a separate disability compensation rating. If a disability that existed prior to a service-connected disability has been aggravated and assigned a rating that reflects the extent to which that disability has increased in severity due to the service-connected disability.

    For example if a veteran incurs a severe service-connected back injury while on active duty that injury may make them walk differently. They may walk with a limp or an awkward gait which may affect other body systems such as their knees, legs and ankles. If they suffer an additional disability to another body system due to their service-connected condition these additional conditions may also be service-connected.

  5. Disability Caused by VA Medical Treatment of Vocational Rehabilitation-this is also known as an “1151 Claim” which is a reference to Section 1151 of title 38 of the United States Code. An 1151 claim will be granted where the disability was caused by VA medical care or vocational rehabilitation. Such an injury will be treated as if it were service-connected. This type of claim is used where the VA is negligent, lacks proper skill or makes an error in judgment. It is very similar to a claim for medical negligence. An example of this type of claim would be where a veteran goes into a VA hospital for a colonoscopy but the VA amputates their foot by mistake. The loss of the foot will be treated as if it were service connected.

    If you believe your disability was caused by the VA I strongly encourage you to speak with an attorney about the Federal Tort Claims Act (FTCA). Under certain circumstances the FTCA allows you to sue the federal government for their wrongdoing. If you pursue a FTCA it could have an impact on your benefits which is why it is best for you to speak with an attorney first. Ideally the attorney would also be well versed in veterans benefits as well as the FTCA.

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