Veterans Court (CAVC) Clarifies Meaning of “Current Disability”

What is “Current Disability” to Qualify for VA benefits?

In order to qualify for VA benefits, a veteran must have a “current disability,” and that “current disability” must be related to service. However, sometimes a disability improves, or goes away altogether, before VA decides the claim. The U.S. Court of Appeals for Veterans Claims made clear many years ago that a veteran has a “current disability” even if the disability resolves itself prior to VA making a decision on the claim, as long as the veteran had the disability at some point while the claim was pending.

Now, in a very recent decision, the Court has determined that VA must even consider medical evidence that predates the filing of the claim, if it shows that the condition exists and it is close in time to the day the veteran filed the claim. This is useful because it means that VA cannot overlook relevant and possibly favorable evidence when deciding a veteran’s case.

How to Qualify for VA Disability Benefits

There are many types of VA disability claims. When you believe you qualify for benefits, you apply for benefits with the VA and there will need to be proof of your disability and its connection to your service. Have questions? Please complete the free online veterans disability benefits case evaluation.

More Articles

Federal Court Addresses PTSD Stressors

A recent decision from the U.S. Court of Appeals for the Federal Circuit confirms that VA must apply a generous standard when evaluating the lay testimony of veterans suffering from PTSD concerning their combat experiences and PTSD stressors. Sanchez-Navarro v....

Permanent and Total VA Disability Ratings for PTSD

What is Post Traumatic Stress Disorder (PTSD)? Post-traumatic stress disorder (PTSD) is a mental health condition that develops in some people who have experienced a shocking, scary, or dangerous event. Symptoms of PTSD usually begin within three months of the...

Depression And Your VA Claim

Depression can negatively affect every aspect of your life: how you feel, think, sleep, function, and interact with others. According to the National Alliance on Mental Health Issues, about 14% of veterans suffer from depression. Depression is one of the most common...

Four Tips On How To Get The Highest PTSD Rating

If you have been fortunate enough to have been granted service connection for PTSD, then you have probably been given a disappointingly low rating.  This is a very common situation so you are not alone. The VA regularly underrates PTSD claims.  In the...


  • Hidden
  • Hidden
  • This field is for validation purposes and should be left unchanged.