learn important VA disability terms

Disability Glossary

Navigating the VA disability system can be overwhelming – especially with so much specialized terminology. This glossary breaks down the most important VA disability terms in simple language to help veterans, caregivers, and advocates better understand the claims and appeals process. Within each definition, you can click on any related term to view its own explanation and better understand how the concepts are connected. Whether you are just starting a claim or continuing to fight for the benefits you’ve earned, this resource is here to support you!

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M

Medical Nexus

N

New and Relevant Evidence
Notice of Disagreement (NOD)

O

Overpayment

P

PACT Act
Permanent and Total (P&T) Status
Presumptive Service Connection
Protected Work Environment

R

Rating Reduction
Regional Office
Residuals

S

Secondary Service Connection
Service Connection
Special Monthly Compensation (SMC)
Supplemental Claim
Survivor Benefits

T

Temporary Total Disability
Total Disability based on Individual Unemployment (TDIU)
Toxic Exposure Risk Activity (TERA)

V

VA-Accredited Representative
VA Disability Rating
Veterans Benefits Administration (VBA)
Vocational Expert
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Medical Nexus

A medical nexus in the context of VA disability claims refers to the link or connection between a veteran’s current medical condition and their military service. Essentially, it is a medical professional’s opinion stating a veteran’s disability was caused or aggravated by their time in the military. This link is crucial for establishing service connection and receiving disability benefits from the VA. It is often provided in the form of a nexus letter.

To approve a claim, the VA typically requires three things:

  1. A current diagnosed disability

  2. Evidence of an in-service event, injury, or illness

  3. A medical nexus linking the two

Without a nexus, the VA will often deny a claim, even if the veteran has both a diagnosis and proof of in-service exposure.

  • A nexus opinion can come from:

    • A VA or private doctor

    • A specialist familiar with the veteran’s condition

  • It must state, using proper language (e.g., “at least as likely as not”), that the disability is medically related to service

  • The letter should be based on a review of the veteran’s medical records, including service treatment records, and should provide a clear and credible medical rationale

  • Nexus letters are especially helpful when a condition is not on the VA’s presumptive list

  • The physician’s credentials and qualifications

  • A review of the veteran’s relevant medical records

  • A clear statement linking the current disability to military service, using specific language like “at least as likely as not

  • An evidence-based medical rationale, potentially including references to relevant medical research

  • The letter should be on letterhead, signed by the physician, and dated

  • When there is no clear documentation of a service-related injury or illness in the veteran’s service records.

  • When there is a gap between the veteran’s time in service and the onset of symptoms.

  • When a Compensation and Pension (C&P)exam does not find a link between the disability and service.

  • In cases of secondary claims (where one service-connected disability causes another) or when a previous claim was denied for lack of service connection.

Note: These are just a few examples, and every veteran’s situation is unique

At Greene & Marusak, we help veterans obtain detailed, well-supported medical nexus letters that clearly explain how their condition is connected to service. This can make the difference between a denied claim and an approved one.

Give us a call at (844) 483-8737

New and Relevant Evidence

New and Relevant Evidence is a key requirement when a veteran wants to reopen a perviously denied VA claim by filing a Supplemental Claim. To succeed, the evidence must meet two criteria:

  1. New – This simply means evidence thats was not previously submitted to the VA. If the VA already has a copy of the document or information, it’s not considered new.

  2. Relevant – This means evidence that has a tendency to prove or disprove a key element of the claim. It could be related to a denied condition, a new theory of entitlement, or a previously unaddressed issue.

Under the Appeals Modernization Act (AMA), this standard replaced the old “new and material evidence” rule. It is intended to be more flexible but still requires that the evidence has a direct connection to the issue under review.

  • Medical Records: medical records from a private healthcare provider or VA medical center can provide new information about a condition or its connection to service

  • Service Records: service records can show details of a veteran’s service, including any events that may have contributed to a disability

  • Buddy Statements: statements from individuals who witnessed an injury or event while the veteran was in service can provide new information about the circumstances

  • Nexus Letters: nexus letters from medical experts can establish a connection between a disability and military service

If your claim was denied and you want to refile through a Supplemental Claim, simply resubmitting the same evidence will not be enough. You must include something new and relevant—or the VA will reject the submission.

A VA-accredited representative can help you determine what qualifies, assist in gathering the right type of evidence, and make sure your submission directly addresses the reason for the previous denial. We have attorneys and representatives here at Greene & Marusak who can help you out with this.

Give us a call at (844) 483-8737

Notice of Disagreement (NOD)
  • You received a decision letter from the VA

  • You believe the VA made an error in denying or rating your condition

  • You want your case reviewed by a Veterans Law Judge at the Board

Deadline: Must be filed within one year of the date on the VA decision letter

  • Missing the deadline may result in losing your ability to appeal

When submitting the NOD, veterans must choose one of three appeal options:

  1. Direct Review – No new evidence; the Board reviews the existing record.

  2. Evidence Submission – You may submit new evidence within 90 days of filing.

  3. Hearing Lane – You can request a hearing and submit evidence within 90 days after the hearing.

Note: Each lane has different timeframes and strategic considerations

Choosing the correct appeal lane and presenting a strong case is critical. At Greene & Marusak, our VA-accredited representatives can help you file your Notice of Disagreement and gather the right evidence to submit your appeal.

Give us a call at (844) 483-8737

Overypayment

An overpayment occurs when the VA determines that a veteran has received more VA benefits than they were entitled to—often due to changes in disability status, dependency status, income, or retroactive adjustments.

When this happens, the VA may seek repayment, either through monthly benefit deductions or by requesting a lump-sum payment from the veteran.

  • A veteran in the Reserves may be called up for active duty and still be receiving VA benefits

  • A veteran receiving education benefits does not complete the course requirements

  • A veteran has a change in marital status and does not notify VA

  • A veteran does not report a school-age child as married

  • A veteran experiences death of a dependent and does not notify VA

  • A veteran receives care at a VA medical facility and does not pay a required co-pay

  • A veteran or beneficiary is incarcerated but still received benefits during the period of incarceration

  • A veteran or beneficiary receiving an income-based pension doesn’t report a change in income

Note: These are just some examples. Every veteran’s situation is unique, and overpayment cases vary based on individual facts.

If you receive an overpayment notice, you may be able to:

  • Dispute the debt if you believe it was caused by VA error

  • Request a waiver so you are not required to repay

  • Negotiate a repayment plan to reduce financial hardship

Note: There are strict deadlines to request a waiver or dispute—usually within 30 days to prevent automatic deductions, and 180 days to file a full waiver request.

At Greene & Marusak, we can help guide veterans through the overpayment process—whether it is disputing the debt, filing a waiver, or appealing a reduction that caused the overpayment. Do not wait to act as VA collection efforts can start quickly.

Give us a call at (844) 483-8737

Check out our YouTube video discussing overpayments and what veterans should expect: VA Overpayments: What Veterans Need to Know

Overypayment

An overpayment occurs when the VA determines that a veteran has received more VA benefits than they were entitled to—often due to changes in disability status, dependency status, income, or retroactive adjustments.

When this happens, the VA may seek repayment, either through monthly benefit deductions or by requesting a lump-sum payment from the veteran.

  • A veteran in the Reserves may be called up for active duty and still be receiving VA benefits

  • A veteran receiving education benefits does not complete the course requirements

  • A veteran has a change in marital status and does not notify VA

  • A veteran does not report a school-age child as married

  • A veteran experiences death of a dependent and does not notify VA

  • A veteran receives care at a VA medical facility and does not pay a required co-pay

  • A veteran or beneficiary is incarcerated but still received benefits during the period of incarceration

  • A veteran or beneficiary receiving an income-based pension doesn’t report a change in income

Note: These are just some examples. Every veteran’s situation is unique, and overpayment cases vary based on individual facts.

If you receive an overpayment notice, you may be able to:

  • Dispute the debt if you believe it was caused by VA error

  • Request a waiver so you are not required to repay

  • Negotiate a repayment plan to reduce financial hardship

Note: There are strict deadlines to request a waiver or dispute—usually within 30 days to prevent automatic deductions, and 180 days to file a full waiver request.

At Greene & Marusak, we can help guide veterans through the overpayment process—whether it is disputing the debt, filing a waiver, or appealing a reduction that caused the overpayment. Do not wait to act as VA collection efforts can start quickly.

Give us a call at (844) 483-8737

Check out our YouTube video discussing overpayments and what veterans should expect: VA Overpayments: What Veterans Need to Know

Service Connection
  • Direct Service Connection: Directly links a current disability to an in-service event (e.g., combat injury, exposure, training accident)

  • Secondary Service Connection: A disability that is caused or aggravated by a pre-existing, service-connected disability (e.g., depression caused by chronic pain)

  • Presumptive Service Connection: Certain disabilities are presumed to be service-connected based on specific circumstances, like service in a particular location or time period or if the disability manifests within a certain timeframe after service (e.g., Agent Orange, Gulf War Illness, Camp Lejeune Water Contamination)

  • Service Connection by Aggravation: When a pre-existing condition was worsened by military service (e.g. you had a back condition prior to service, but the training exercise in service made the condition worse)

  • 1151 Service Connection: Claims under 38 USC § 1151 applies to disabilities or death that result from “‘hospital care, medical or surgical treatment, or examination’ by a VA medical professional or facility, or due to participation in a program of vocational rehabilitation”

Proving service connection is essential to getting VA benefits. Without it, the VA will deny the claim—even if the condition is serious. A VA-accredited attorney or representative can help gather evidence, obtain medical opinions, and build a strong case to link your condition to your service.

We have attorneys and representatives here at Greene & Marusak who can help you establish service connection.

Give us a call at (844) 483-8737

 

Check out our YouTube video where we go over the ins and outs of service connection: VA Service Connection: What Disabled Veterans Need to Know

Special Monthly Compensation (SMC)

Eligibility: Veterans qualify for SMC based on the severity and type of their service-connected disabilities, often involving loss of limb or loss of use of limbs, blindness, or the need for daily aid and attendance from another person.

Levels: SMC is categorized into different levels (e.g., K, L, S, R) each corresponding to specific disability criteria.

Additional Benefit: It is a tax-free benefit paid on top of standard disability compensation.

Aid and Attendance: SMC can be granted for veterans needing daily assistance with basic needs like dressing, eating, or bathing, often referred to as “Aid and Attendance.

Retroactive Payments: SMC can be awarded retroactively, with the effective date being the date the VA received the claim or the date the veteran became eligible, whichever is later.

SMC is categorized into different levels (e.g., K, L, S, R) each corresponding to specific disability criteria. These are given instead of the standard VA disability compensation rates, except for Level K, which is given in addition to the standard monthly compensation rate.

Level K is extra compensation for the loss or loss of use of a creative organ.

Levels L through O cover specific disabilities and situations:

  • The amputation of one or more limbs or extremities

  • The loss of use of one or more limbs or extremities (meaning you have no effective function remaining)

  • The physical loss of one or both eyes

  • The loss of sight or total blindness in one or both eyes

  • Being permanently bedridden (unable to get out of bed)

  • Needing daily help with basic needs (like eating, dressing, and bathing), also called “Aid and Attendance”

Level R may apply if you need daily help from another person for basic needs (like dressing, eating, and bathing).

Level S may apply if you cannot leave the house because of your service-connected disabilities.

Click here to see how VA specifically assigns SMC levels

SMC can significantly increase the amount of monthly compensation a veteran receives. It’s especially important for those with severe or multiple service-connected conditions that result in higher needs for care or support.

Because SMC eligibility is complex and based on specific criteria, working with a VA-accredited representative or attorney can help ensure that you’re not missing out on additional benefits. We have attorneys and representatives here at Greene & Marusak who can help you out with this.

Give us a call at (844) 483-8737

Supplemental Claim
  • You must file a Supplemental Claim within 1 year of the VA’s decision in order to preserve your effective date.

  • You can also file a Supplemental Claim at any time after a denial—but you may lose back pay if more than a year has passed.

Supplemental Claims give you the chance to strengthen your case without starting over completely. But they require more than just restating your original argument—you must include new and relevant evidence that addresses the VA’s previous reasons for denial.

Working with a VA-accredited representative ensures that your submission is strategic, complete, and timely. They can help identify what evidence qualifies and how to present it in a way that improves your chances of approval. We have attorneys and representatives here at Greene & Marusak who can help you out with this.

Give us a call at (844) 483-8737

 

Check out our YouTube video where we break down the Supplemental Claim option: Supplemental Claims 101: When to Appeal with New and Relevant Evidence

Survivor Benefits

Survivor benefits are VA-provided financial and support programs available to eligible family members of deceased veterans. These benefits are designed to offer ongoing assistance when a veteran dies due to a service-connected condition or had qualifying VA status at the time of death.

  • File applications through VA.gov, by mail, or with the help of a VA-accredited representative

  • Common forms include:

    • VA Form 21P-534EZ (for DIC or Survivors Pension)

    • VA Form 22-5490 (for DEA benefits)

    • VA Form 10-10d (for CHAMPVA)

Supplemental Claims give you the chance to strengthen your case without starting over completely. But they require more than just restating your original argument—you must include new and relevant evidence that addresses the VA’s previous reasons for denial.

Working with a VA-accredited representative ensures that your submission is strategic, complete, and timely. They can help identify what evidence qualifies and how to present it in a way that improves your chances of approval. We have attorneys and representatives here at Greene & Marusak who can help you out with this.

Give us a call at (844) 483-8737

 

Check out our YouTube video where we break down the Supplemental Claim option: Supplemental Claims 101: When to Appeal with New and Relevant Evidence

At Greene & Marusak, we support surviving spouses, children, and parents in securing the benefits they are entitled to.

Give us a call at (844) 483-8737

PACT Act

The PACT Act (Honoring Our Promise to Address Comprehensive Toxics Act of 2022) is a major expansion of VA benefits signed into law in August 2022, aimed at helping veterans exposed to toxic substances during military service. It adds over 20 new presumptive conditions, expands the list of qualifying service locations, and simplifies the process of getting disability compensation and healthcare for exposure-related illnesses.

The Act is especially impactful for Gulf War, Post-9/11, and Vietnam-era veterans, many of whom were previously denied benefits due to the difficulty of proving toxic exposure.

Click here to visit VA’s website for the full breakdown of the PACT Acts and your VA benefits

  • Adds new presumptive conditions for exposure to:

  • Extends eligibility to veterans who served in:

    • Iraq, Afghanistan, Syria, Jordan, Egypt, Turkey, Uzbekistan, and more (1990–present)

    • Vietnam, Laos, Cambodia, Guam, and American Samoa (specific periods between 1962–1980s)

  • Presumes exposure if the veteran served in a listed location during a qualifying time—no need to prove direct exposure

  • Improves VA toxic exposure screenings and processing timelines

  • Expands benefits for survivors of veterans who died from a qualifying condition

Note: Service locations and eligibility periods are extensive. Speak with a VA-Accredited representative to confirm your specific qualifications.

To file a new claim:

  • Submit VA Form 21-526EZ (Application for Disability Compensation and Related Compensation Benefits)

  • Include details of where and when you served

  • Provide medical evidence of your condition(s)

  • You can file online at VA.gov, by mail, or with help from a VA-accredited representative

There is no deadline, but filing before certain VA-established cut off dates pay impact retroactive benefits.

At Greene & Marusak, we work with veterans exposed to burn pits, Agent Orange, and other hazards to ensure they receive the full benefits they are entitled to under the PACT Act.

Give us a call at (844) 483-8737

Check out our YouTube video where we discuss the significance of the PACT Act for veterans: What Veterans Should Know About the PACT Act

Permanent & Total (P&T) Status

What Does “Permanent” Mean?

A condition is considered permanent when the VA believes there is no likelihood of significant improvement. This usually applies to severe or long-term conditions and is not subject to routine future exams or reductions.

What Does “Total” Mean?

A total disability is one that results in a 100% disability rating, meaning the condition is severe enough to fully impair the veteran’s ability to work or function in daily life.

  • No Re-evaluations: Once the VA grants P&T status, they typically will not schedule routine re-evaluations, since they have determined the condition is not likely to improve.

  • Maximum Benefits: P&T status ensures the veteran receives the highest level of disability compensation.

  • P&T Does Not Expire: Unlike temporary 100% evaluations, P&T is for life, meaning the benefits continue without interruption unless rebutted for clear reasons.

  • Potential for Additional Benefits: Veterans with P&T status may qualify for significant extras, including:

  • Long-standing, totally incapacitating diseases

  • Injuries unlikely to improve with treatment

  • Permanent loss or loss of use of both hands, both feet, or both eyes

Note: These are just a few examples, and every veteran’s situation is unique. Eligibility depends on individual medical and service details.

At Greene & Marusak, we help veterans pursue Permanent and Total status by providing strong medical evidence, legal support, and guidance through the VA system. Our VA-accredited attorneys and representatives are ready to assist.

Give us a call at (844) 483-8737

 

Check out our YouTube video where we discuss what P&T Status means: What Does VA’s Permanent and Total Disability Status Mean for Veterans?

Presumptive Service Connection

Veterans with a diagnosed condition that is on the VA’s list of presumptive conditions, and who meet the service requirements (location, time, etc.), can file a claim for disability benefits.

If the claim is approved, the veteran will receive disability compensation based on the severity of their condition, just as if they had proven a direct service connection.

Key Points:

  • No need to prove causation:

    • The primary benefit of presumptive service connection is that veterans do not have to provide evidence directly linking their disability to their service.

  • Specific conditions and locations:

    • Presumptions are tied to specific conditions and locations or periods of service.

  • Evidence is still needed:

    • While the link is presumed, veterans still need to provide evidence of their diagnosis and, in some cases, evidence of their qualifying service.

  • VA’s list of presumptive conditions:

  • The VA recognizes that certain illnesses and injuries are more likely to occur in specific military environments or during certain time periods.

  • For example, veterans exposed to Agent Orange during the Vietnam War may be granted presumptive service connection for specific cancers.

  • This presumption helps veterans who may have difficulty proving a direct causal link due to the passage of time or the nature of their service.

  • Agent Orange exposure: Certain cancers, diabetes, Parkinson’s, etc. for Vietnam-era veterans

  • Gulf War veterans: Chronic fatigue syndrome, fibromyalgia, and other undiagnosed illnesses

  • Radiation exposure: Certain cancers for veterans involved in nuclear testing

  • Camp Lejeune water contamination: Kidney cancer, leukemia, and more for those stationed there between 1953–1987

  • Tuberculosis, arthritis, and other diseases: If diagnosed within a specific time after discharge

Note: These are only a few examples, and VA keeps and updated list of presumptive conditions (Click Here)

Presumptive service connection makes it easier to qualify for benefits, as long as the veteran meets the service requirements and has a listed condition. It removes the aspect of proving a direct medical link between the condition and service.

A VA-accredited representative can help determine if your condition qualifies and gather the right service records to support your claim.

We have attorneys and representatives here at Greene & Marusak who can help you establish service connection.

Give us a call at (844) 483-8737

Protected Work Environment
  • Special Accommodations: The employer goes above and beyond standard ADA accommodations to retain the veteran.

  • Shield from Competition: The veteran’s job is somewhat protected from the competitive pressures of the open labor market.

  • Lower-Income Position: While the veteran may earn above the poverty threshold, their income is typically lower than what someone in a similar role without disabilities would earn.

  • Individual Circumstances: The VA considers the veteran’s specific disability, the job’s requirements, and the accommodations provided when determining if a work environment is protected.

  • Not Necessarily Sheltered: Simply receiving ADA accommodations does not automatically mean the job is protected. The accommodations need to be more extensive.

    •  
  • Family-owned businesses: Family members may offer more flexibility and understanding regarding a veteran’s disabilities.

  • Jobs with flexible schedules: A veteran with PTSD might have a flexible schedule to accommodate sleep issues.

  • Jobs with reduced productivity: A veteran with a TBI might be allowed to produce less than other employees, but still receive the same pay.

  • Jobs with excused absences: A veteran might be allowed to miss work or take extended leave without penalty.

Note: These examples are not exhaustive. There is no strict rulebook for what qualifies as a protected work environment. Each case is fact-specific.

The concept of a protected work environment is particularly relevant to veterans seeking Total Disability based on Individual Unemployability (TDIU) benefits. If a veteran is working in a protected environment, it can be argued that their disabilities prevent them from securing substantially gainful employment in the open market.

The VA determines whether a work environment is protected on a case-by-case basis. Veterans should provide evidence of their disabilities, the accommodations they receive, and how their work environment differs from typical employment. A VA-accredited representative can help gather the right evidence and advocate for your situation to be properly evaluated. We have attorneys and representatives here at Greene & Marusak who can help you out with this.

Give us a call at (844) 483-8737

Rating Reduction

A rating reduction happens when the VA lowers a veteran’s disability rating, often resulting in reduced monthly compensation. This typically occurs after a C&P exam or medical review suggests that the condition has improved. It is not a routine occurrence and requires a clear and compelling reason. Generally, the VA must provide notice of the proposed reduction, allow the veteran an opportunity to respond, and have medical evidence to support a material improvement in the veteran’s condition.

  • Evidence of Fraud: If the VA discovers that fraud was involved in obtaining the initial rating, they can reduce or terminate it regardless of how long it has been in place.

  • Sustained Improvement: If there is clear evidence of sustained improvement in the veteran’s condition, supported by medical records and evaluations, the VA may reduce the rating.

  • Errors in Rating Decision: If there was an error in the original rating decision, the VA might adjust the rating accordingly.

  • Total Disability Based on Individual Unemployability (TDIU): If a veteran who receives TDIU benefits becomes able to obtain and sustain substantially gainful employment, the VA may reduce their benefits.

  • Incarceration: If a veteran is incarcerated for more than 60 days for a felony, their VA benefits may be reduced.

Note: These are just some examples. Every veteran’s situation is unique, and rating reductions vary based on individual facts.

  1. Notice of Proposed Reduction: The VA must send notice to the veteran of the proposed reduction.

  2. Opportunity to Respond: The veteran has a set period (typically 60 days) to submit evidence and arguments against the reduction.

  3. Hearing (Optional): The veteran can request a hearing within 30 days of the notification to present evidence and argue their case.

  4. Final Decision: After reviewing the evidence, the VA will issue a final decision.

  5. Appeal: If the veteran disagrees with the decision, they can challenge the decision through a Higher-Level Review, Supplemental Claim, or appeal to the Board of Veterans’ Appeals (BVA).

At Greene & Marusak, we help veterans respond quickly and effectively to proposed reductions—submitting strong medical and lay evidence to protect your rating. If the VA cannot meet its high burden of proof, the rating must remain unchanged.

Give us a call at (844) 483-8737

Check out our YouTube video where we discuss the process of Rating Reductions for VA Disability Compensation: VA Rating Reductions: What Veterans Need to Know

Regional Office

A VA Regional Office (RO) is a local office of the Department of Veterans Affairs that is responsible for processing claims for benefits like disability compensation, pensions, education, and survivor benefits. These offices serve as the first level of decision-making in most veterans’ claims.

Each Regional Office handles claims for veterans who live within a certain geographic area. There are dozens of ROs located throughout the United States and its territories.

  • Review Initial Claims: Decide new claims for disability, pension, and other benefits

  • Handle Supplemental Claims: Review new and relevant evidence after a denial

  • Coordinate C&P Exams: Schedule exams to evaluate conditions and support ratings

  • Issue Decision Letters: Send out decisions explaining ratings and appeal options

  • Gather Evidence: Request medical records, service documents, or lay statements

  • Hold Informal Conferences: Host optional calls for Higher-Level Review cases

  • Support Veterans Locally: Offer help through in-person services and phone lines

  • Manage Fiduciary Programs: Appoint and monitor fiduciaries for certain veterans

  • Issue monthly benefits

  • Issue retroactive awards

  • Public affairs

Note: This is a non-comprehensive list, and Regional Offices serve many more functions than those that are outlined here.

The Regional Office is often the first place your claim is reviewed and decided. Errors made at this level can significantly delay benefits or result in under-rating or denials. That is why it is important to submit complete, well-supported claims from the beginning—and why many veterans work with VA-accredited attorneys or representatives to guide them through the process and respond to RO decisions through Higher-Level Reviews or appeals.

We have attorneys and representatives here at Greene & Marusak who can help you out with this.

Give us a call at (844) 483-8737

Regional Offices exist at the following locations throughout the United States and its territories:

  • Alabama

  • Alaska

  • Arizona

    • Phoenix – Fax number: (602) 627-3039

  • Arkansas

  • California

  • Colorado

    • Denver – Fax number: (303) 914-5903

  • Connecticut

  • Delaware

  • District of Columbia

  • Florida

  • Georgia

    • Atlanta – Fax number: (404) 929-5586

  • Hawaii

  • Idaho

    • Boise – Fax number: (208) 429-2281

  • Illinois

    • Chicago – Fax number: (312) 706-6683

  • Indiana

  • Iowa

  • Kansas

    • Wichita – Fax number: (316) 651-2970

  • Kentucky

  • Louisiana

  • Maine

    • Togus – Fax number: (207) 623-5776

  • Maryland

  • Massachusetts

    • Boston – Fax number: (617) 303-5558

  • Michigan

    • Detroit – Fax number: (313) 471-3893

  • Minnesota

  • Mississippi

    • Jackson – Fax number: (601) 364-7037

  • Missouri

  • Montana

  • Nebraska

    • Lincoln – Fax number: (402) 420-4007

  • Nevada

    • Reno – Fax number: (775) 321-4718

  • New Hampshire

  • New Jersey

    • Newark – Fax number: (973) 297-3314

  • New Mexico

  • New York

    • Buffalo – Fax number: (716) 551-4103

    • New York – Fax number: (212) 807-4010

  • North Carolina

  • North Dakota

    • Fargo – Fax number: (701) 451-4689

  • Ohio

  • Oklahoma

  • Oregon

  • Pennsylvania

  • Philippines

    • Manila – Fax number: 011-632-550-3942

  • Puerto Rico

  • Rhode Island

  • South Carolina

  • South Dakota

  • Tennessee

  • Texas

    • Houston – Fax number: (713) 383-2607

    • Waco – Fax number: (254) 299-9775

  • Utah

  • Vermont

  • Virginia

    • Roanoke – Fax number: (540) 597-1792

  • Washington

    • Seattle – Fax number: (206) 341-8665

  • West Virginia

  • Wisconsin

  • Wyoming

Residuals
  • The VA compensates veterans for current functional limitations, even if the original illness or injury has healed.

  • Ratings are based on the impact of the residuals on the veteran’s daily life, employment, and health.

  • Residuals may appear in cases involving:

    • Surgeries

    • Injuries

    • Infections or illnesses

Note: Each case is unique, and the presence of residuals must be supported by medical evidence.

  • TBI Residuals: Traumatic brain injury (TBI) residuals can include cognitive impairments, memory loss, headaches, and mood changes.

  • Cancer Residuals: After cancer treatment, a veteran may experience residual effects like erectile dysfunction, urinary incontinence, or chronic pain.

  • Stroke Residuals: Stroke residuals can include paralysis, speech difficulties, and cognitive deficits.

  • Cold Injury Residuals: Residuals from cold injuries can include pain, numbness, and circulatory problems in the affected areas.

     

    Note: These are just a few examples. Each case is unique, and the presence or severity of residuals must be supported by medical evidence.

  • The VA uses the VA Schedule for Rating Disabilities to evaluate residual effects

  • May assign ratings based on:

    • Pain, range of motion, or weakness

    • Neurological complications or secondary effects

    • Disfigurement, scarring, or organ damage

  • Veterans may be rated for multiple residual conditions from one original injury

Note: It’s important to note that residuals are different from secondary conditions. Secondary conditions are new conditions that develop as a result of a service-connected disability.

At Greene & Marusak, we help veterans identify and claim the full range of residual effects from service-connected conditions. Whether you are seeking an initial rating, increased rating, or appealing a denial, our VA-accredited team ensures no lasting symptoms are overlooked.

Give us a call at (844) 483-8737

Secondary Service Connection

Requirement: You must have a primary disability that the VA already recognizes as service-connected.

Evidence: You need to provide evidence, usually medical records or a nexus letter, to demonstrate the causal link between the primary and secondary condition.

Causation: The secondary condition must be directly caused by, or proximately due to, the service-connected primary disability.

Nexus Letter: A nexus letter is a medical opinion from a qualified healthcare professional stating there is a causal connection between the primary and secondary condition.

VA Rating: The VA uses a combined rating table to determine your overall disability rating, taking into account both primary and secondary conditions.

C&P Exams: The VA may require a Compensation and Pension (C&P) exam to evaluate the severity of your secondary condition.

  • Nerve damage or arthritis caused by a service-connected knee injury

  • Depression or anxiety stemming from chronic pain

  • Sleep apnea worsened by service-connected PTSD

  • Heart disease aggravated by a service-connected diabetes diagnosis

Note: These are only a few examples, and there are many different ways a disability can have secondary service connection.

Secondary conditions can increase your total combined VA rating, often leading to higher monthly compensation. In some cases, they can even push a veteran toward Total Disability Individual Unemployability (TDIU) status.

A VA-accredited representative can help identify secondary conditions, gather medical opinions, and make sure they are properly claimed and documented.

We have attorneys and representatives here at Greene & Marusak who can help you establish service connection.

Give us a call at (844) 483-8737

At Greene & Marusak, we help veterans identify and claim the full range of residual effects from service-connected conditions. Whether you are seeking an initial rating, increased rating, or appealing a denial, our VA-accredited team ensures no lasting symptoms are overlooked.

Give us a call at (844) 483-8737

Service Connection
  • Direct Service Connection: Directly links a current disability to an in-service event (e.g., combat injury, exposure, training accident)

  • Secondary Service Connection: A disability that is caused or aggravated by a pre-existing, service-connected disability (e.g., depression caused by chronic pain)

  • Presumptive Service Connection: Certain disabilities are presumed to be service-connected based on specific circumstances, like service in a particular location or time period or if the disability manifests within a certain timeframe after service (e.g., Agent Orange, Gulf War Illness, Camp Lejeune Water Contamination)

  • Service Connection by Aggravation: When a pre-existing condition was worsened by military service (e.g. you had a back condition prior to service, but the training exercise in service made the condition worse)

  • 1151 Service Connection: Claims under 38 USC § 1151 applies to disabilities or death that result from “‘hospital care, medical or surgical treatment, or examination’ by a VA medical professional or facility, or due to participation in a program of vocational rehabilitation”

Proving service connection is essential to getting VA benefits. Without it, the VA will deny the claim—even if the condition is serious. A VA-accredited attorney or representative can help gather evidence, obtain medical opinions, and build a strong case to link your condition to your service.

We have attorneys and representatives here at Greene & Marusak who can help you establish service connection.

Give us a call at (844) 483-8737

Check out our YouTube video where we go over the ins and outs of service connection: VA Service Connection: What Disabled Veterans Need to Know

Special Monthly Compensation (SMC)

Eligibility: Veterans qualify for SMC based on the severity and type of their service-connected disabilities, often involving loss of limb or loss of use of limbs, blindness, or the need for daily aid and attendance from another person.

Levels: SMC is categorized into different levels (e.g., K, L, S, R) each corresponding to specific disability criteria.

Additional Benefit: It is a tax-free benefit paid on top of standard disability compensation.

Aid and Attendance: SMC can be granted for veterans needing daily assistance with basic needs like dressing, eating, or bathing, often referred to as “Aid and Attendance.

Retroactive Payments: SMC can be awarded retroactively, with the effective date being the date the VA received the claim or the date the veteran became eligible, whichever is later.

SMC is categorized into different levels (e.g., K, L, S, R) each corresponding to specific disability criteria. These are given instead of the standard VA disability compensation rates, except for Level K, which is given in addition to the standard monthly compensation rate.

Level K is extra compensation for the loss or loss of use of a creative organ.

Levels L through O cover specific disabilities and situations:

  • The amputation of one or more limbs or extremities

  • The loss of use of one or more limbs or extremities (meaning you have no effective function remaining)

  • The physical loss of one or both eyes

  • The loss of sight or total blindness in one or both eyes

  • Being permanently bedridden (unable to get out of bed)

  • Needing daily help with basic needs (like eating, dressing, and bathing), also called “Aid and Attendance”

Level R may apply if you need daily help from another person for basic needs (like dressing, eating, and bathing).

Level S may apply if you cannot leave the house because of your service-connected disabilities.

Click here to see how VA specifically assigns SMC levels

SMC can significantly increase the amount of monthly compensation a veteran receives. It’s especially important for those with severe or multiple service-connected conditions that result in higher needs for care or support.

Because SMC eligibility is complex and based on specific criteria, working with a VA-accredited representative or attorney can help ensure that you’re not missing out on additional benefits. We have attorneys and representatives here at Greene & Marusak who can help you out with this.

Give us a call at (844) 483-8737

Supplemental Claim

A Supplemental Claim is one of the three appeal options under the Appeals Modernization Act (AMA) that allows veterans to reopen a previously denied VA claim or submit new evidence to support an existing condition. It is used when a decision has been made, but the veteran has new and relevant evidence that could change the outcome.

This option is available whether the original decision came from a Regional Office or the Board of Veterans’ Appeals (BVA) as long as the case is eligible for AMA review.

  • Disagreement with a prior decision: If you disagree with a previous VA decision (denial or lower rating), and you have new evidence to support your case.

  • New medical evidence: If new medical records, diagnostic tests, or other evidence has become available since the initial claim.

  • Changes in the law: If there have been changes in legislation or policy that may impact your claim, such as the PACT Act.

Supplemental Claims give you the chance to strengthen your case without starting over completely. But they require more than just restating your original argument—you must include new and relevant evidence that addresses the VA’s previous reasons for denial.

Working with a VA-accredited representative ensures that your submission is strategic, complete, and timely. They can help identify what evidence qualifies and how to present it in a way that improves your chances of approval. We have attorneys and representatives here at Greene & Marusak who can help you out with this.

Give us a call at (844) 483-8737

Survivor Benefits
  1. Dependency and Indemnity Compensation (DIC):

    • Monthly, tax-free payments to eligible survivors when the veteran’s death is service-connected or the veteran was rated totally disabled for a qualifying period before death.

  2. Survivors Pension (Death Pension):

    • Needs-based monthly benefit for low-income surviving spouses and children of wartime veterans.

  3. Dependents’ Educational Assistance (DEA)/Chapter 35 Education Benefits:

    • Covers education and training costs for eligible spouses and children.

  4. CHAMPVA (Civilian Health and Medical Program of the VA):

    • Health coverage for eligible survivors who are not eligible for TRICARE.

Note: These are the most common programs; some additional survivor benefits may apply.

  • File applications through VA.gov, by mail, or with the help of a VA-accredited representative

  • Common forms include:

    • VA Form 21P-534EZ (for DIC or Survivors Pension)

    • VA Form 22-5490 (for DEA benefits)

    • VA Form 10-10d (for CHAMPVA)

At Greene & Marusak, we support surviving spouses, children, and parents in securing the benefits they are entitled to.

Give us a call at (844) 483-8737

Temporary Total Disability

Purpose:

To provide financial support and benefits while a veteran recovers from a service-connected condition that temporarily prevents them from working.

Eligibility:

Often granted for conditions that require surgery, hospitalization, or immobilization of a major joint, or for recently discharged veterans with unstable conditions.

Duration:

The rating is temporary and will be reevaluated after a certain period to determine if the condition has improved.

  • Convalescence after surgery: A veteran may receive a temporary 100% rating during the recovery period following a surgery related to a service-connected condition

  • Hospitalization: Veterans hospitalized for over 21 days for a service-connected condition may qualify for a temporary 100% rating

  • Immobilization: If a major joint is immobilized by a cast, a temporary 100% rating may be granted for a specified period

  • Pre-stabilization rating: Recently discharged veterans with severely disabling and unstable conditions may receive a temporary rating of 50% or 100%, depending on the severity of the condition according to the VA

Note: These are just a few examples. Every veteran’s situation is unique, and eligibility depends on individual medical and service details

Total Disability based on Individual Unemployability (TDIU)

TDIU, or Total Disability based on Individual Unemployability, is a benefit that allows a veteran to be paid at the 100% disability rate even if their combined VA disability rating is less than 100%, as long as their service-connected conditions prevent them from working.

It recognizes that some veterans are unable to maintain substantially gainful employment (steady, non-marginal work) due to their disabilities, even if the VA rating schedule does not fully capture the impact.

You may be eligible for TDIU if you meet these requirements:

This must be true:

You cannot hold down a job that meets the VA’s definition of substantially gainful employment because of your service-connected disabilities. Jobs that only earn marginal employment below the U.S. annual poverty threshold do not count.

And one of these must be true:

  • You have at least 1 service-connected disability rated at 60% or more disabling, or

  • You have 2 or more service-connected disabilities, with at least 1 rated at 40% or more disabling and a combined rating of 70% or more.

Note: Veterans who do not meet the above criteria may still receive TDIU on an extraschedular basis, which can be harder to prove. An extraschedular TDIU claim is generally reviewed by the Director of Compensation Services for a grant or denial.

  • Yes, veterans can work and still receive TDIU benefits, but there are restrictions.

  • The key is that their income cannot exceed the federal poverty level for a household of one person.

  • Veterans should exercise caution and consult with a professional to ensure their work does not jeopardize their benefits.

TDIU provides the full financial benefit of a 100% rating, which can make a major difference in a veteran’s quality of life.

Working with a VA-accredited representative can help ensure all the right forms and evidence, especially VA Form 21-8940, are submitted correctly.

We have attorneys and representatives here at Greene & Marusak who can help you complete your application.

Give us a call at (844) 483-8737

Check out our YouTube video where we discuss the importance of TDIU for disable veterans: VA Benefits for Unemployed Veterans: TDIU

Toxic Exposure Risk Activity (TERA)
  • Air Pollutants: Exposure to burn pits, sand, dust, oil well fires, and sulfur fires

  • Chemicals: Pesticides, herbicides, depleted uranium, and contaminated water

  • Occupational Hazards: Asbestos, industrial solvents, lead, and firefighting foams

  • Radiation: Nuclear weapons handling, radioactive material, and X-rays

  • Warfare Agents: Nerve agents, chemical and biological weapons

Note: These are common examples. The list of recognized TERA situations may grow as more information becomes available.

  • Mention your participation in a TERA when filing a VA disability claim

  • Provide your military occupational specialty, duty location, and timeframe

  • Include any supporting evidence such as service records or statements from others who served with you

  • Work with a VA-accredited representative to ensure your exposure is properly documented

  • Mention your participation in a TERA when filing a VA disability claim

  • Provide your military occupational specialty, duty location, and timeframe

  • Include any supporting evidence such as service records or statements from others who served with you

  • Work with a VA-accredited representative to ensure your exposure is properly documented

VA-Accredited Representative

The VBA provides a variety of benefits and services to service members, veterans, and their families. Below are some major program offices within:

  • Compensation: Payments to veterans for service-connected disabilities

  • Pension & Fiduciary: Financial assistance for low-income wartime veterans

  • Insurance: Maintains life insurance programs that give financial security and peace of mind

  • Education: VA’s education programs that provide education and training benefits

  • Loan Guaranty: Guarantees to help veterans purchase homes

  • Outreach, Transition, and Economic Development: Partners within and outside of VA and with numerous federal agencies advance the economic empowerment and independence

  • Veteran Readiness & Employee (VR&E): Assists in preparing for, obtaining, and maintaining suitable employment

  • Office of Field Operations: Provides operational oversight to the district offices and 56 regional offices within the United States, Puerto Rico, and the Philippines

  • Office of Administrative Review: Responsible for implementing the Veteran Appeals Improvement and Modernization Act of 2017

The Department of Veterans Affairs (VA) is made up of three main branches, each with a different purpose:

  1. Veteran Benefits Administration (VBA): Handles non-medical benefits

  2. Veterans Health Administration (VHA): Provides healthcare services to eligible veterans

  3. National Cemetery Administration (NCA): Manages VA national cemeteries, burial benefits, and memorial programs

At Greene & Marusak, we help veterans understand and apply for the full range of VBA benefits, from initial claims to appeals. If you have received a decision from a regional office or need help filing, our VA-accredited representatives are here to assist.

Give us a call at (844) 483-8737

Veterans Benefits Administration (VBA)

The VBA provides a variety of benefits and services to service members, veterans, and their families. Below are some major program offices within:

  • Compensation: Payments to veterans for service-connected disabilities

  • Pension & Fiduciary: Financial assistance for low-income wartime veterans

  • Insurance: Maintains life insurance programs that give financial security and peace of mind

  • Education: VA’s education programs that provide education and training benefits

  • Loan Guaranty: Guarantees to help veterans purchase homes

  • Outreach, Transition, and Economic Development: Partners within and outside of VA and with numerous federal agencies advance the economic empowerment and independence

  • Veteran Readiness & Employee (VR&E): Assists in preparing for, obtaining, and maintaining suitable employment

  • Office of Field Operations: Provides operational oversight to the district offices and 56 regional offices within the United States, Puerto Rico, and the Philippines

  • Office of Administrative Review: Responsible for implementing the Veteran Appeals Improvement and Modernization Act of 2017

The Department of Veterans Affairs (VA) is made up of three main branches, each with a different purpose:

  1. Veteran Benefits Administration (VBA): Handles non-medical benefits

  2. Veterans Health Administration (VHA): Provides healthcare services to eligible veterans

  3. National Cemetery Administration (NCA): Manages VA national cemeteries, burial benefits, and memorial programs

At Greene & Marusak, we help veterans understand and apply for the full range of VBA benefits, from initial claims to appeals. If you have received a decision from a regional office or need help filing, our VA-accredited representatives are here to assist.

Give us a call at (844) 483-8737

VA Disability Rating

The VA uses its Schedule for Rating Disabilities, which outlines symptoms and functional limitations for each condition. The assigned percentage is meant to represent how much the condition reduces the veteran’s overall earning capacity. The VA assigns a rating from 0% to 100%, in increments of 10%, based on the severity of the disability.

According to VA.gov, the VA bases your rating on:

  • The evidence you give (like a doctor’s report or medical test results)

  • The results of your Compensation & Pension exam (if determined you need one)

  • Other information the VA may get from other sources (like federal agencies)

The combined rating system: The combined rating system can be complex, and it is important to understand how multiple disabilities are combined to determine the total rating.

The 70/40 rule for TDIU: Veterans with a combined rating of 70% or higher, and at least one disability rated at 40% or higher, may be eligible for Total Disability based on Individual Unemployability (TDIU) benefits.

At Greene & Marusak, our VA-accredited representatives can review your rating decision, explain your options, and help you file a strong appeal if needed. We are here to make sure you receive the full benefits you have earned.

Give us a call at (844) 483-8737

Vocational Expert (VE)
  • Analyze a veteran’s ability to perform past relevant work or other gainful employment, considering their skills, education, and the demands of the current job market.

  • Evaluate if a veteran possesses skills from past work that could be transferred to other jobs, potentially impacting their eligibility for TDIU benefits.

  • Assess how service-connected disabilities specifically affect a veteran’s ability to perform work-related tasks and secure employment.

  • Prepare detailed reports outlining their findings, which can be used as evidence in TDIU claims.

  • May provide expert testimony in support of a veteran’s TDIU claim, explaining how their disabilities affect their ability to work.

Vocational Experts:

  • Provide an unbiased assessment of a veteran’s employability, which can be crucial in cases where medical evidence is conflicting or unclear.

  • Their reports and testimony can significantly strengthen a veteran’s TDIU claim by providing clear evidence of their inability to work.

  • Opinions can be used to counter or refute unfavorable opinions from VA doctors or C&P examiners who may not fully understand the vocational implications of a veteran’s disabilities.

Note: Vocational expert reports are not required, but they can significantly strengthen a claim.

If you are struggling to show how your disabilities affect your ability to work, a vocational expert’s report can make a real difference. These professionals speak the VA’s language to connect your medical conditions to job limitations.

At Greene & Marusak, we understand when expert support is necessary and can help coordinate with qualified vocational professionals. If you are applying for TDIU or appealing a denial, we ensure your claim includes the evidence needed.

Give us a call at (844) 483-8737