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.

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