For many Veterans, physical disability and mental health issues begin to become apparent after leaving military service. Symptoms may take time to develop, but within the first year after discharge, it may be possible to qualify for VA disability benefits – and a handful of conditions can make you eligible even if they appear more than a year after discharge. This is plausible if illness or an injury inhibits your ability to work or function day-to-day. Let our Veterans disability attorneys assist you in this task.
As per the regulations of the Department of Veteran Affairs (VA), it is understood some conditions will take time to develop. Should an injury or illness emerge within the year of your discharge with at least a minimum rating of 10% disability, the VA may presume it is service-connected. Ratings such as these are referred to as “presumptive service connection” which does not require proving a direct link between the condition and service. It is crucial that the condition be listed underneath Tile 38, Code of Federal Regulations, § 3.309(a), alongside a qualifying discharge status.
Even if you are approved for having a presumptive condition, the VA claims process may still be confusing. Veterans will need to file a claim with supporting medical records within one year of separation to meet the VA’s disability threshold.
Should your injury or illness not qualify as a presumptive condition, you may still qualify for VA disability benefits through direct service connections. Many Veterans develop chronic conditions or mental health challenges that may not immediately show after discharge. In instances such as these, Veterans must demonstrate:
Medical records, lay statements from fellow service members, and expert opinions are valuable forms of evidence to support this claim.
Some conditions may be eligible for service-connected benefits even if they emerge after a year from discharge, such as multiple sclerosis, ALS, Hansen’s disease, tuberculosis, and more. These conditions are less common, however, and most other claims cover injuries to joints, spine conditions, or mental health disorders.
No matter if your symptoms began right after discharge or developed within the first year or after, you may still qualify for benefits. Fight4Vets is the largest Veterans law firm in the country, and we offer free consultations to help Veterans build accurate and strong claims. Our team of VA-accredited attorneys can offer you the guidance you need to make the application, any denials, delays, or other issues easier to handle. Your service to your country is invaluable, so let us help you get the benefits you deserve.
Be sure to check out our Veterans disability calculator as well!
