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!
Agent Orange was a toxic herbicide used by the U.S. military during the Vietnam War to eliminate dense vegetation. Veterans who served in certain locations during specific timeframes may have been exposed to Agent Orange, which has been linked to a variety of serious, long-term health conditions.
The VA presumes that veterans who served in qualifying areas during specific periods were exposed, which can make it easier to qualify for disability compensation for related illnesses.
VA presumes Agent Orange exposure for veterans who served:
In Vietnam between January 9, 1962 – May 7, 1975
In the Korean DMZ between September 1, 1967 – August 31, 1971
On certain ships off the coast of Vietnam (known as Blue Water Navy Veterans)
At specific military bases where Agent Orange was stored, tested, or used (e.g., Thailand, Guam)
Note: These are some common locations, but other situations may qualify. Each case is unique.
Click here to see VA’s full list of service requirements for Agent Orange
The VA maintains a list of presumptive conditions, including but not limited to:
Type 2 diabetes
Ischemic heart disease
Parkinson’s disease
Chronic B-cell leukemia
Various cancers (e.g., prostate, lung, bladder, Hodgkin’s lymphoma)
To file a new claim for a condition linked to Agent Orange exposure:
Submit VA Form 21-526EZ (Application for Disability Compensation and Related Compensation Benefits)
You may also include:
Medical evidence showing a diagnosis of a presumptive condition
Military service records confirming service in a qualifying location and time period
If applying based on a condition not on the presumptive list, additional medical and scientific evidence may be required
If the VA denied your disability claim in the past but now it is a presumptive condition, you may consider:
Filing a Supplemental Claim using VA Form 20-0995, which may include:
Medical records that shows you have an Agent Orange-related health condition
Military records to show how you were exposed to Agent Orange during your service
If applying based on a condition not on the presumptive list, additional medical and scientific evidence may be required
You can file online at VA.gov, by mail, or with help from a VA-accredited representative.
At Greene & Marusak, we help veterans prove exposure and obtain compensation for Agent Orange-related illnesses.
Give us a call at (844) 483-8737
Agent Orange was a toxic herbicide used by the U.S. military during the Vietnam War to eliminate dense vegetation. Veterans who served in certain locations during specific timeframes may have been exposed to Agent Orange, which has been linked to a variety of serious, long-term health conditions.
The VA presumes that veterans who served in qualifying areas during specific periods were exposed, which can make it easier to qualify for disability compensation for related illnesses.
VA presumes Agent Orange exposure for veterans who served:
In Vietnam between January 9, 1962 – May 7, 1975
In the Korean DMZ between September 1, 1967 – August 31, 1971
On certain ships off the coast of Vietnam (known as Blue Water Navy Veterans)
At specific military bases where Agent Orange was stored, tested, or used (e.g., Thailand, Guam)
Note: These are some common locations, but other situations may qualify. Each case is unique.
Click here to see VA’s full list of service requirements for Agent Orange
The VA maintains a list of presumptive conditions, including but not limited to:
Type 2 diabetes
Ischemic heart disease
Parkinson’s disease
Chronic B-cell leukemia
Various cancers (e.g., prostate, lung, bladder, Hodgkin’s lymphoma)
To file a new claim for a condition linked to Agent Orange exposure:
Submit VA Form 21-526EZ (Application for Disability Compensation and Related Compensation Benefits)
You may also include:
Medical evidence showing a diagnosis of a presumptive condition
Military service records confirming service in a qualifying location and time period
If applying based on a condition not on the presumptive list, additional medical and scientific evidence may be required
If the VA denied your disability claim in the past but now it is a presumptive condition, you may consider:
Filing a Supplemental Claim using VA Form 20-0995, which may include:
Medical records that shows you have an Agent Orange-related health condition
Military records to show how you were exposed to Agent Orange during your service
If applying based on a condition not on the presumptive list, additional medical and scientific evidence may be required
You can file online at VA.gov, by mail, or with help from a VA-accredited representative.
At Greene & Marusak, we help veterans prove exposure and obtain compensation for Agent Orange-related illnesses.
Give us a call at (844) 483-8737
The Appeals Modernization Act (AMA) was officially enacted in February 2019, and it has reformed the way veterans can appeal decisions made by the VA. The law was designed to make the appeals process faster, more flexible, and easier to navigate. Under the AMA, veterans can choose from three different review options after receiving an initial VA decision: Higher-Level Review, Supplemental Claim, and Notice of Disagreement to the Appeal to the Board of Veterans’ Appeals (BVA).
A more experienced adjudicator (who was not involved in the original decision) reviews the existing claim
No new evidence can be submitted. The review is based only on the evidence already in the veteran’s file
Must be filed within one year of the VA decision
Often for veterans who believe the VA made a mistake in applying the law or overlooked something in the existing record
The veteran must submit new and relevant evidence that was not previously considered
Submission of new medical records, treatment records, statements, or other documents related to the claim
Can be filed within one year of the decision to preserve the effective date. It can also be filed anytime later than that, but benefits may not be backdated.
Often used for veterans who have new evidence to strengthen their case or want to re-open a previously denied claim
The veteran appeals directly to the Board and selects one of three review lanes
Must submit a Notice of Disagreement (NOD) within one year of the VA decision
BVA Review Options
Option #1 – Direct Review:
The Veterans Law Judge reviews the appeal based only on the evidence that was already in the record at the time of VA’s decision
No new evidence or hearing is allowed
Available for veterans who believe the VA made a legal or factual error and do not need to submit new evidence or testify
Typically the fastest BVA lane
Option #2 – Evidence Submission Lane:
Veterans may submit new evidence within 90 days of submitting the Notice of Disagreement (NOD)
No hearing is held
Available for veterans who have additional evidence to strengthen their case which was not part of the original record, but do not need a hearing
Option #3 – Hearing Lane:
Veterans request a hearing before a Veterans Law Judge and can submit new evidence within 90 days after the hearing
Hearing can be held virtually, by video conference, or in-person
Available for veterans who want to personally explain their case, present testimony, or address complex issues not easily explained on paper
Typically the BVA lane with the longest wait time
Note:
Board appeal decisions may take at least a year, but typically a few years, depending on the review lane selected.
Understanding the AMA is important because the appeal path you choose can affect how quickly your claim is reviewed and what evidence is allowed.
We have attorneys and representatives here at Greene & Marusak who can help you pick the best review option based on your unique situation and goals.
Give us a call at (844) 483-8737
Apportionment refers to a situation where the VA withholds a portion of a veteran’s disability compensation to provide financial support to their dependents, such as a spouse, child, or dependent parent, who are not living with the veteran and may be experiencing financial hardship.
Apportionment may be considered when:
A dependent is not living with the veteran
The dependent demonstrates financial need
The veteran is not providing regular support
The VA finds that dividing the payment would not cause undue hardship on the veteran
Note: Each case is evaluated individually. Not all situations qualify for apportionment.
General Apportionment: Filed by a dependent when the veteran is not supporting them
Special Apportionment: Usually considered when the veteran is incompetent or institutionalized, or in other special situations
To request apportionment:
The dependent must submit VA Form 21-0788 (Information Regarding Apportionment of Beneficiary’s Award)
Include documentation of financial need, living arrangements, and dependency status
The VA will notify the veteran and allow them to respond
A final decision will be made based on financial impact to both parties
At Greene & Marusak, we help veterans and their families navigate apportionment requests—whether you’re a veteran trying to protect your benefits or a dependent seeking support. Contact our VA-accredited team for assistance.
Give us a call at (844) 483-8737
The Benefits Delivery at Discharge (BDD) Program allows service members to file a VA disability claim before leaving active duty so they can receive VA benefits more quickly after separation. The program allows service members to apply for VA disability compensation benefits between 180 to 90 days prior to separation. This timeframe allows VA to review Service Treatment Records (STRs), schedule necessary exams, and evaluate the claim before separation.
BDD is designed to reduce the gap between military service and the start of VA compensation, helping veterans transition more smoothly into civilian life.
To be eligible for BDD, service members must:
Know their separation date
File their claim between 180 and 90 days prior to separation
Provide a copy of their STRs for the current period of service
Provide a completed Separation Health Assessment – Part A Self-Assessment
Be available for 45 days from the date the claim is submitted to attend VA exams
In addition to service members who do not meet the requirements above, the following issues and conditions are excluded from BDD claims. Service members who are:
Seriously ill or injured;
Lost a body part;
Are terminally ill;
Claims requiring a C&P exam in a foreign country, except those that can be processed through Landstuhl, Germany or Camp Humphreys, Korea;
Claims for service members awaiting discharge while hospitalized in a VA or military treatment facility; or
Claims that require a character of discharge determination.
At Greene & Marusak, our VA-accredited representatives can help you understand the BDD program.
Give us a call at (844) 483-8737
Check out our YouTube video where two of our own U.S. Army veterans break down the BDD Program: VA Benefits Delivery at Discharge (BDD) Program explained by U.S. Veterans
Blue Water Navy Veterans are U.S. Navy veterans who served off the coast of Vietnam during the Vietnam War and may have been exposed to herbicides, such as Agent Orange, onboard ships. These veterans were historically excluded from Agent Orange-related benefits, but the Blue Water Navy Vietnam Veterans Act of 2019 extended presumptive exposure status to them.
The Act extends the presumption of herbicide exposure to veterans who served in the offshore waters of Vietnam. Offshore waters generally includes veterans who served on ships operating not more than 12 nautical miles seaward from the demarcation line of the waters of Vietnam and Cambodia.
You may qualify if you:
Served on a U.S. Navy or Coast Guard vessel within 12 nautical miles of the coast of Vietnam between January 9, 1962, and May 7, 1975
Did not set foot on land, but operated in territorial waters
Later developed a medical condition linked to Agent Orange exposure
Note: Each case is unique, and ship records or deck logs may be required to confirm eligibility.
Veterans must have one of the conditions listed in 38 CFR 3.309(e), which are associated with Agent Orange exposure. Examples include, but are not limited to:
AL amyloidosis
Chloracne
Chronic B-cell leukemias
Type 2 Diabetes Mellitus
Hodgkin’s disease
Ischemic heart disease
Multiple myeloma
Non-Hodgkin’s lymphoma
Parkinson’s disease
At Greene & Marusak, we help veterans prove exposure and obtain compensation for Agent Orange-related illnesses.
Give us a call at (844) 483-8737
The Board of Veterans’ Appeals (BVA) is part of the U.S. Department of Veterans Affairs and handles appeals from veterans who disagree with decisions made by VA regional offices. It is made up of Veteran Law Judges (VLJs) who are authorized to issue decisions on behalf of the Secretary of Veterans Affairs.
The BVA reviews appeals related to a wide range of VA benefits. After a veteran disagrees with a decision from a regional office and submits the required forms, the appeal is transferred to the Board. The BVA can grant benefits, deny benefits, or remand (send back to the regional offices) the decision for further development. It is the final level of appeal within the VA system before a case can be taken to the Court of Appeals for Veterans Claims (CAVC).
The veteran appeals directly to the Board and selects one of three review lanes
Must submit a Notice of Disagreement (NOD) within one year of the VA decision
BVA Review Options
Option #1 – Direct Review:
The Veterans Law Judge reviews the appeal based only on the evidence that was already in the record at the time of VA’s decision
No new evidence or hearing is allowed
Available for veterans who believe the VA made a legal or factual error and do not need to submit new evidence or testify
Typically the fastest BVA lane
Option #2 – Evidence Submission Lane:
Veterans may submit new evidence within 90 days of submitting the Notice of Disagreement (NOD)
No hearing is held
Available for veterans who have additional evidence to strengthen their case which was not part of the original record, but do not need a hearing
Option #3 – Hearing Lane:
Veterans request a hearing before a Veterans Law Judge and can submit new evidence within 90 days after the hearing
Hearing can be held virtually, by video conference, or in-person
Available for veterans who want to personally explain their case, present testimony, or address complex issues not easily explained on paper
Typically the BVA lane with the longest wait time
Note:
Board appeal decisions may take at least a year, but typically a few years, depending on the review lane selected.
The Board’s decision on an appeal can become final if the veteran does not appeal within a specific timeframe. Veterans have 120 days to file an appeal to the next higher court, the U.S. Court of Appeals for Veterans Claims (CAVC).
Under the Appeals Modernization Act (AMA) system, there is also the option of filing a supplemental claim within one year of an unfavorable Board decision, as long as the veteran submits new and relevant evidence.
The BVA appeal process involves complex rules, deadlines, and evidence requirements. A VA-accredited attorney or representative can help insure the appeal is properly developed, deadlines are met, and strong arguments are made on the veteran’s behalf.
Veterans are not required to have representation, but having an experienced advocate increases the likelihood of a favorable outcome and helps prevent delays or errors.
We have attorneys and representatives here at Greene & Marusak who may be able to represent you before the Board and help you fight for the benefits you deserve.
Give us a call at (844) 483-8737
Check out our YouTube video where our firm’s partners break down each BVA lane: Which Lane Should Veterans Choose When Appealing to the Board of Veterans’ Appeals?
A buddy statement is a written account from someone, typically a fellow service member, who can provide firsthand knowledge of a veteran’s in-service incident, injury, or symptoms. These statements are often used to support VA disability claims when official documentation is lacking or when additional context is needed.
Buddy statements can:
Confirm that a service-related event or injury occurred
Describe combat experiences, accidents, or exposures not recorded in service records
Support claims for conditions like PTSD, hearing loss, or musculoskeletal injuries
Help establish continuity of symptoms over time
Note: Every case is unique. Statements are most effective when detailed and specific to the veteran’s experience.
While anyone with personal knowledge may submit one, the strongest buddy statements typically come from:
Unit members or fellow service members who served at the same time and place
Supervisors or colleagues who witnessed the incident or condition firsthand
Use VA Form 21-10210 (Lay/Witness Statement)
Clearly explain what was witnessed, how the person knows the veteran, and why their input is credible
Be as detailed and specific as possible
Submit with your claim or appeal via VA.gov, mail, or with help from a VA-accredited representative
At Greene & Marusak, we help veterans identify the right individuals to write buddy statements, and we ensure those statements are clear, persuasive, and effective in supporting your case. We can also help prepare the correct VA forms and evidence package for submission.
Give us a call at (844) 483-8737
A C-File, short for Claims File, is the official record the VA keeps for each veteran who has filed a claim for disability compensation or other benefits. It includes all documents, forms, medical records, service records, correspondence, decisions, and evidence the VA uses to evaluate and decide a veteran’s claim.
A C-File typically includes:
Application for benefits
DD-214 (Report of Separation from Service)
Medical records (both service treatment records and VA medical records)
Rating decisions
VA denial letters
Appeals documents
Note: Each veteran’s C-File is unique and may contain more or fewer documents depending on their claim history.
It is the foundation of your VA disability case
Allows your attorney or representative to find errors, missing evidence, or overlooked conditions
Essential for preparing appeals, supplemental claims, or clear and unmistakable error (CUE) requests
May be necessary to challenge past decisions or determine the correct effective date
Online: Submit a request through the Privacy Act using VA Form 20-10206
In Person: You can request a copy of your C-File in person at your local VA Regional Office
With Assistance: You can request it with the help of a VA-accredited representative or attorney
At Greene & Marusak, we assist veterans in requesting their complete C-File from the VA and thoroughly reviewing its contents for errors, omissions, or overlooked evidence. Whether you are preparing to file a new claim or appeal a past decision, having your full C-File is a critical first step—and we are here to help you every step of the way.
Give us a call at (844) 483-8737
A Clear and Unmistakable Error (CUE) in a VA decision is a very specific and rare type of mistake that can lead to a revision of a final, unappealable decision. To qualify as a CUE, the error must be so obvious that reasonable minds cannot disagree on its existence, and it must have been outcome-determinative, meaning the decision would have been different if the error had not occurred.
A C-File typically includes:
Application for benefits
DD-214 (Report of Separation from Service)
Medical records (both service treatment records and VA medical records)
Rating decisions
VA denial letters
Appeals documents
Note: Each veteran’s C-File is unique and may contain more or fewer documents depending on their claim history.
A factual error where the VA ignored or misinterpreted crucial evidence
A misapplication of law or regulation that was clearly incorrect at the time of the decision
A decision that was made without considering all relevant evidence
Note: These are just a few examples. Not all mistakes qualify as CUE. Each case is unique and must meet strict legal criteria.
A disagreement with the VA’s evaluation of evidence
A new diagnosis or changed medical opinion
The VA’s failure to assist the veteran in obtaining evidence or scheduling examinations
Note: Simple disagreements with how the VA weighed evidence do not qualify. CUEs are rare and must meet strict legal standards.
A CUE motion can be filed at any time—unlike appeals there is no deadline
You must specify the exact decision and specific error being challenged
File the motion in writing to the VA Regional Office or Board of Veterans’ Appeals (BVA), depending on which jurisdiction is more appropriate.
If successful, a CUE claim can result in retroactive benefits back to the original effective date of the claim
You can file on your own or with the help of a VA-accredited attorney or representative
CUE claims are complex and difficult to prove. Veterans should seek legal counsel from an attorney specializing in VA disability claims to help determine if a CUE exists and to assist with the claim.
At Greene & Marusak, we can help you review old decisions and determine whether the VA made a clear, outcome-altering error, and guide you through the filing process.
Give us a call at (844) 483-8737
A combined rating is the total disability percentage the VA assigns when a veteran has more than one service-connected condition. Rather than simply adding individual ratings together, the VA uses a special formula that considers how each condition affects the veteran’s overall health and ability to function.
For example, if a veteran has two separate ratings—one at 50% and another at 30%—the combined rating is not 80%. Instead, the VA calculates it based on the idea that the second condition only affects the remaining “non-disabled” portion of the veteran’s body. This often results in a lower total than a simple sum.
The VA uses a method called the “whole person theory” to determine your combined disability rating. They do this to make sure that your total VA disability rating doesn’t add up to more than 100%. That’s because a person can’t be more than 100% able-bodied.
Calculating your combined disability rating involves more than adding up your individual ratings. That’s why your combined rating may be different from the sum of your individual ratings.
Simplified Steps:
The VA takes the highest individual rating first
Then it applies the next highest rating to the remaining percentage of the body considered “unimpaired”
This process repeats for any additional conditions
The final result is rounded to the nearest 10%.
Click here to see how VA determines combined disability ratings
Say you have two service-connected ratings:
One at 50%
One at 30%
Here is how the VA combines them:
Start with the highest rating first—50%. That means the veteran is considered 50% disabled, and 50% remains “unimpaired”
Apply the 30% to the remaining 50% (not the whole person)
→ 30% of 50% = 15%
Add that 15% to the original 50%:
→ 50% + 15% = 65%
The VA rounds 65% to the nearest 10%, so the combined rating is 70%
If you had a third condition, say 10%, the VA would apply 10% to the remaining 30%, and so on
Click here to watch our YouTube video breaking down combined rating calculations
Your combined rating:
Determines your monthly compensation amount
Impacts eligibility for additional benefits like TDIU or Special Monthly Compensation (SMC)
May influence state-level veteran benefits based on rating thresholds
At Greene & Marusak, our team can break down your VA decision letter and make sure your combined rating is calculated accurately. If something seems off, we can help you appeal and get you the correct compensation.
Give us a call at (844) 483-8737
A Compensation & Pension Examination (also known as a VA Exam) is a medical evaluation performed by the VA or a contracted provider to assess a veteran’s service-connected disability claim. It is a very significant part of the VA disability claim process as it helps determine whether a condition is connected to service and/or how severe it is.
The C&P Exam is used solely to gather evidence for the VA to decide a veteran’s claim. Depending on the condition being reviewed, the exam may involve a physical examination, a mental health evaluation, or both. The examiner may ask questions about military service, symptoms, medical history, daily functioning, and work limitations.
Not every claim will require a C&P exam, but if one is scheduled, it is critical to attend. Missing an exam without a good reason can result in a denial of the claim. After the exam, the examiner writes a report (called a Disability Benefits Questionnaire, or DBQ), which becomes a part of a veteran’s record and is used in making the claim decision.
The results of a C&P exam can heavily influence the outcome of a veteran’s claim—whether it is approved, denied, or what rating percentage is assigned. If the examiner gives an unfavorable opinion or overlooks key symptoms, it can hurt the case. That is why it is often helpful to prepare beforehand or consider working with a VA-accredited representative who can help understand what to expect, respond to unfavorable exams, or submit rebuttal evidence if needed.
We have attorneys and representatives here at Greene & Marusak who can help you prepare for your C&P examination.
Give us a call at (844) 483-8737
Attend the examination and be on time
Be honest about your symptoms
Do not lie or exaggerate to try and get a higher rating, the examiner will see right through it
Do not downplay your symptoms
If your symptoms are not as severe on the exam day, describe how you feel on your worst days
Keep and bring a record of symptoms: frequency, severity, examples where they affected your life
Bring support: a close relative, significant other, or trusted friend
Check out our YouTube video where we give some tips for your C&P Exam: What Veterans need to know about VA Compensation & Pension Examinations
Cost-of-Living Adjustment, or COLA, is an annual increase to VA disability compensation and other federal benefits that helps protect the purchasing power of veterans and their families against inflation. The adjustment is tied to the Consumer Price Index (CPI), which measures changes in the cost of goods and services.
The Social Security Administration (SSA) calculates the COLA each year, and the VA is required by law to apply the same percentage increase to veterans’ disability compensation and other related benefits. The COLA is based on the percentage increase in the CPI-W, which measures changes in the prices of goods and services. The SSA uses the previous year’s third-quarter data to set the COLA rates for the following year.
COLA is typically applied every January to VA disability compensation, Social Security benefits, and military retirement pay.
The percentage increase is announced by the Social Security Administration, and Congress must pass legislation for the VA to adopt the change.
The adjustment affects monthly compensation rates, including Special Monthly Compensation (SMC) and Dependents’ benefits.
Example: The COLA for 2025 is 2.5%. A veteran receiving $1,000 per month in compensation would begin receiving $1,025.
Note: The amount and timing of COLA changes vary by year. Not all benefits are affected equally.
At Greene & Marusak, we help veterans understand how annual adjustments like COLA impact their monthly benefits. If you believe your payment is incorrect or didn’t reflect a recent increase, our VA-accredited team is here to help.
Give us a call at (844) 483-8737
The United States Court of Appeals for Veterans Claims (CAVC) was established by Congress in 1988 and is located in Washington D.C. It is an independent federal court, separate from the VA, that reviews final decisions made by the Board of Veterans’ Appeals (BVA).
The CAVC reviews decisions made by the BVA to determine whether any legal or procedural errors occurred. Veterans, dependents, or survivors can appeal to the CAVC if they believe the Board made the wrong decision, didn’t consider important evidence, or didn’t follow the law correctly. The CAVC does not review new evidence – it focuses solely on whether the VA followed the law and applied it correctly.
Possible Outcomes:
(1) Joint-Motion for Remand/Partial Remand (“JMR”/ “JMPR”)
The parties agree Board committed legal error
(2) Memorandum Decision (Mem Dec.)
Attorney for the Secretary defends Board did NOT commit legal error
(3) RARE third option: The Court reverses the Board’s decision
Notice of Appeal: A Notice of Appeal (NOA) must be filed within 120 days of the initial Board decision. Our VA-Accredited Representatives here at Greene & Marusak can help you fill out and file your NOA.
Notice of Docketing: Once the CAVC receives the NOA, it issues a Notice of Docketing. This document confirms that the appeal has been accepted and assigned a case number. It also outlines important deadlines and the next steps in the appeal process.
Record Before the Agency: The complete file of all materials the VA and BVA considered in making their decision. This includes, medical records, service records, statements, and other evidence. The RBA is used to determine whether the Board made an error based on the available evidence.
Designation of Record: A process where the parts of the RBA are chosen to argue the case. This must be submitted, along with your whole case file within 60 days of docketing. If you do not have a lawyer at this point in the process, we recommend having one to look over your DOR before submitting it. Once small mistake could end up in a loss.
Navigating an appeal to the CAVC can be complex, involving strict deadlines, legal arguments, and interpretation of veterans law. A VA-accredited attorney or representative:
Understands the court’s legal procedures and requirements
Can identify legal errors made by the Board
Increases the chances of a favorable outcome by presenting a strong, informed case
Veterans are not required to have representation, but having an experienced advocate at this stage can make a significant difference in the success of the appeal.
We have attorneys and representatives here at Greene & Marusak who may be able to represent you before the CAVC and help you fight for the benefits you deserve.
Give us a call at (844) 483-8737
A Deferred Decision occurs when the VA delays making a final ruling on part of a veteran’s disability claim. This typically means the VA is waiting on additional evidence such as medical records, service documents, or the results of a Compensation & Pension (C&P) exam, before issuing a final decision.
Deferred decisions do not mean a claim has been denied—they simply indicate that the VA cannot decide on a particular issue yet. When a claim is deferred, it provides an opportunity for the veteran to submit additional evidence to support their claim.
A claim may be deferred when:
The VA has requested more evidence but has not received it
A C&P exam has not been completed or reviewed
The VA needs to verify service connection or gather clarifying information
Multiple conditions are claimed, and only some are ready for a decision
Example:
A veteran might file a claim for PTSD and a back injury. VA might grant the claim for PTSD, but defer the decision on a back injury because they need more medical evidence to determine the back injury’s severity.
Note: These are a few common examples. Each case is different, and deferrals can involve a wide range of factors.
If your claim is deferred:
Carefully read the decision letter to understand which conditions have been deferred and why.
If the letter specifies what evidence is needed, gather and submit it promptly.
If the VA requires a C&P exam, attend the exam and provide complete and accurate information.
If you need help understanding the deferral or gathering evidence, consider consulting with a VA-accredited attorney or claims agent.
The VA may issue a partial decision, granting or denying some conditions, while deferring others.
Once the needed evidence is obtained, the VA will re-evaluate the deferred issue and issue a rating decision.
There is no set timeline, but claimants can submit additional evidence or check status through VA.gov
At Greene & Marusak, we help veterans understand deferred decisions, gather missing evidence, and move their claims forward. If your claim has been delayed or partially decided, contact our VA-accredited team for guidance and next steps.
Give us a call at (844) 483-8737
A dependent is someone who relies on a veteran for financial support. A veteran, or their dependent(s), may be entitled to additional VA benefits through the veteran’s disability compensation or survivor programs. Recognizing eligible dependents can increase monthly payments and open the door to healthcare, education, and other benefits.
The VA generally considers the following individuals eligible:
Spouse – including legally married and some common-law marriages (if recognized by state law)
Child under 18 – biological, adopted, or stepchild
Child 18–23 – if unmarried and attending school full-time
Permanently disabled child – if the disability occurred before age 18
Dependent parent(s) – if the parent(s) demonstrate financial dependence on the veteran
Note: These are common examples. Eligibility depends on specific legal and financial criteria.
Veterans rated 30% or higher can receive additional monthly compensation for qualified dependents
Dependents may be eligible for:
CHAMPVA (healthcare)
Dependents’ Educational Assistance Benefits (education assistance)
Dependency and Indemnity Compensation (survivor benefits, if the veteran passes from a service-connected cause)
Submit VA Form 21-686c (Declaration of Status of Dependents)
Provide necessary documents (e.g., marriage certificate, birth certificate, divorce decree of previous marriage(s), adoption papers)
Update via VA.gov, by mail, or with a VA-accredited representative
Several life changes can impact a dependent’s eligibility or the amount of benefits a veteran receives:
Marriage or divorce (of the veteran or dependent)
Birth or adoption of a child
A child turning 18 or 23, depending on full-time student status
Start or end of full-time school enrollment
Custody changes or legal guardianship updates
Death of a dependent
A child becoming financially independent or getting married
A dependent parent’s income or support level changing
A child with a permanent disability reaching adulthood (eligibility may continue with proper documentation)
Note: These are just a few examples. The VA must be notified of any relevant changes. Failure to report changes may lead to overpayments or reduced benefits.
At Greene & Marusak, we help veterans add, update, or appeal dependent-related decisions to ensure their compensation is accurate and complete. Whether you need help filing a new form or understanding why a dependent was removed, our VA-accredited team is here to assist.
Give us a call at (844) 483-8737
Survivors’ and Dependents’ Educational Assistance (DEA) program, also known as Chapter 35, provides education and training benefits to eligible spouses and children of certain veterans. Eligible dependents may receive a monthly stipend for educational costs, which can be used at approved institutions or training programs. The length and eligibility and the benefit amount vary depending on when the veteran’s rating or death occurred, and the dependent’s age or marital status
To be eligible for DEA benefits, you must be the child or spouse of a veteran or service member who meets certain criteria related to service-connected disabilities or death. Specifically, the veteran or service member must have died, be permanently and totally disabled due to a service-connected disability, be missing in action, or be captured or forcibly detained while in the line of duty.
Tuition and fees: DEA covers tuition, fees, and other educational costs at approved schools and training programs
Monthly payments: Dependents may receive monthly payment to help with living expenses
Educational and career counseling
Benefits can be used for college, technical schools, vocational training, apprenticeships, and on-the-job training
Special restorative training: Certain disabled or surviving spouses may be eligible for special restorative training to address impairments related to their disability
DEA can significantly ease the financial burden of education for surviving or dependent family members. However, eligibility rules and application timing can be complex.
We have attorneys and representatives here at Greene & Marusak who can help you confirm your eligibility for this benefit.
Give us a call at (844) 483-8737
Dependency and Indemnity Compensation (DIC) is a monthly tax-free benefit paid to the surviving spouse, children, or parents of a service member who died in line of duty or a veteran who died as a result of a service-connected condition.
This benefit is meant to provide financial support to dependents after a service-connected death. It is not automatic—you must apply and meet specific eligibility criteria.
According to the VA, you may be eligible for DIC if you meet these requirements
As a surviving spouse:
One of these must be true:
You lived with the veteran or service member without a break until their death.
If you are separated, you were not at fault for the separation.
And one of these must be true:
You married the veteran or service member within 15 years of their discharge from the period of military service during which the qualifying illness or injury started or got worse.
You were married to the veteran or service member for at least 1 year.
You had a child with the veteran or service member.
Note: If you remarried, you can receive or continue to receive compensation if one of these describes you:
You remarried on or after December 16, 2003, and you were 57 years of age or older at the time you remarried.
You remarried on or after January 5, 2021, and you were 55 years of age or older at the time you remarried.
As a surviving child:
All of these must be true
You are not married.
You are not included on the surviving spouse’s compensation.
You are under the age of 18 (or under the age of 23 if attending school).
Note: If you were adopted out of the veteran or service member’s family, but meet all other eligibility criteria, you still qualify for compensation.
As a surviving parent:
Both of these must be true
You are the biological, adoptive, or foster parent of the veteran or service member.
Your income is below a certain amount. (Check your qualification here)
Note: A foster parent is defined as someone who served the role of a parent to the veteran or service member before their last entry into active service.
If you qualify for DIC, you can receive tax-free monetary benefits. The amount you receive depends on the type of survivor you are.
The amount is set by Congress and may change annually based on cost-of-living adjustments
Monthly payments may increase if the survivor has dependent children, is housebound, or requires Aid & Attendance
Check out the VA’s benefit rates
For the surviving spouse of a service member who died while on active duty: your military casualty assistance officer will help you complete an Application for Dependency and Indemnity Compensation by a Surviving Spouse or Child (VA Form 21P-534a). The officer will help you mail the form to the correct VA regional office.
For the surviving spouse or child of a veteran: fill out an application for DIC, Survivors Pension, and/or Accrued Benefits (VA Form 21P-534EZ)
For a surviving parent: fill out an Application for Dependency and Indemnity Compensation by Parent(s) (VA Form 21P-535)
Note: You may also want to submit an intent to file form before applying for DIC benefits. This can give you the time you need to gather evidence to preserve an earlier effective date. When VA is notified of your intent to file, you may be able to get retroactive payments.
DIC is a vital benefit that can help provide stability and recognition for families of those who gave their lives in service or suffered long-term effects of service-connected disabilities. However, eligibility rules and application timing can be complex. A VA-accredited representative can help gather documentation, submit a complete application, and appeal if necessary.
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 eligibility for DIC: Dependency and Indemnity Compensation (DIC): Who is Eligible?
Direct service connection is granted when a veteran’s current disability is clearly linked to an event, injury, or illness that occurred during military service. This is the most common way to establish eligibility for VA disability compensation.
To establish this, a veteran needs to prove three things: a current, diagnosed disability; evidence of an in-service event, injury, or illness; and a medical nexus (link) between the two.
1. Current, Diagnosed Disability:
The veteran must have a current medical diagnosis of a disability.
This disability could be physical or mental.
2. In-Service Event, Injury, or Illness:
There needs to be evidence that the veteran experienced an event, injury, or illness during their military service.
This could be documented in service records, medical records, or through other forms of evidence like buddy statements.
3. Medical Nexus (Link):
A medical nexus is a direct link between the current disability and the in-service event, injury, or illness.
This link is typically established through a medical opinion from a qualified healthcare professional.
The medical professional needs to state that it is “at least as likely as not” that the current disability is related to the in-service event.
A back injury from a fall during basic training
Hearing loss from exposure to loud weapons fire
PTSD after experiencing a traumatic event during combat
Note: These are only a few examples, and there are many different ways a disability can be directly service connected.
If direct service connection is established, the VA assigns a disability rating based on the severity of the condition, which determines the amount of monthly compensation. The stronger the medical evidence and connection to service, the higher the chance of approval.
Working with a VA-accredited attorney or representative can help gather the right evidence, such as medical records and nexus letters, to clearly show how your current disability began during 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
A Disability Benefits Questionnaire (DBQ) is a standardized medical form used by the VA—or a private medical provider—to document the severity, symptoms, and impact of a veteran’s service-connected condition. It is designed to provide the VA with consistent and detailed medical evidence that supports disability claims or appeals.
DBQs can streamline the claims process, potentially leading to faster decisions on disability compensation. They also allow veterans to have more control over the medical evidence used in their claim.
DBQs are tailored to specific conditions (e.g., PTSD, back pain, migraines) and follow the VA’s rating criteria to help ensure accurate evaluations.
A healthcare provider completes a DBQ, providing information about the veteran’s condition and its impact on their daily life. This information is then submitted to the VA as part of the disability claim.
VA medical professionals can fill out a DBQ during a Compensation & Pension exam
Veterans can bring a DBQ to their private doctor or specialist to fill out
Private DBQs can be submitted by the veteran as medical evidence in support of:
You can find DBQs on the Veterans Benefits Administration (VBA) website
A well-completed DBQ can strengthen your case, especially when it clearly aligns with the VA’s rating standards. It helps the VA make quicker and more accurate decisions—sometimes even avoiding the need for a C&P exam.
Having a VA-accredited representative review or help obtain a DBQ ensures it addresses the most important criteria and is submitted correctly with your claim.
We have attorneys and representatives here at Greene & Marusak who can help you out with this.
Give us a call at (844) 483-8737
Disability compensation is a monthly, tax-free payment provided by the VA to veterans who have a service-connected disability—meaning an injury, illness, or condition that was caused or aggravated by military service.
This benefit is designed to help offset the loss of earning potential and quality of life that can result from service-related health conditions. Veterans may receive compensation for physical or mental health conditions, and the amount depends on the VA disability rating, which ranges from 0% to 100% in 10 percent increments.
Tax-free monthly payments based on your disability rating (amount dependent on number and severity of combined disabilities)
Additional compensation if you have qualifying spouse, dependent children, or parents
Potential eligibility for added benefits, such as VA health care, Special Monthly Compensation (SMC), and vocational rehabilitation
If you believe your condition is service-related—or if you have been denied or underrated—the team at Greene & Marusak can help you file a new claim, submit an appeal, or seek a rating increase. Our VA-accredited attorneys and representatives are committed to fighting for the compensation you have earned.
Give us a call at (844) 483-8737
A VA Duty to Assist Error occurs when the VA fails to meet its legal obligation to gather the necessary evidence to support a veteran’s disability claim. This means the VA did not make a reasonable effort to help the veteran obtain the evidence needed, such as medical records or claim exams. Essentially, the VA has a responsibility to assist veterans in developing their claims, and a failure to do so can lead to an error in the decision-making process.
If the VA overlooks this duty—such as by not requesting key records or failing to schedule a required C&P exam—it may be considered a Duty to Assist Error, and the decision can be challenged or sent back for correction.
VA’s Duty to Assist means that VA is required to help you gather evidence to support your claim for VA benefits. They will make a reasonable effort to help you get these types of evidence:
VA medical records
Military service records
Other types of federal records
Private medical records, like reports from a non-VA hospital or from your private health care providers
To help the VA decide your claim, they may also ask you to have a claim exam (also called a C&P exam), or they may request a medical opinion.
“Reasonable effort” as defined by the VA:
For VA, military, and other types of federal records, they will continue to make requests until they get the records you need. They will stop trying only if they are reasonably sure the records do not exist.
For private records, they will make at least one follow-up request to try to get your records. If they cannot get the records you need, they will tell you why they are having trouble and if you need to do anything.
Failure to obtain identified records: If a veteran provides information about specific records needed for their claim (e.g., medical records, personnel records), the VA has a duty to make reasonable efforts to obtain them.
Failure to schedule necessary exams: If the evidence suggests the veteran may have a disability and there is a link to service, the VA should schedule a Compensation and Pension (C&P) exam.
Not identifying and addressing potential claims: The VA should also identify any related claims that might be supported by the evidence, even if not explicitly claimed by the veteran.
The VA may find this type of error when they are reviewing the decision you received on a claim because you requested a Higher-Level Review, and sometimes during initial claims.
According to VA:
If found during a Higher-Level Review: the VA will close the review and open a new claim to gather the missing evidence. They will also send a letter to tell you the steps they will take to fix the error. Then they help you get the missing evidence, and decide your case based on this new evidence.
If a Duty to Assist Error is identified, the claim can be set back so the VA can correct the mistake and properly develop the case.
A VA-accredited representative can spot these errors and help ensure your claim is fully and fairly developed before the VA makes a final decision. We have attorneys and representatives here at Greene & Marusak who can help you with this.
Give us a call at (844) 483-8737
An Effective Date is the starting point the VA uses to determine when a veteran’s benefits should begin. It is one of the most important factors in a VA claim because it directly affects the amount of retroactive pay a veteran may receive once their claim is approved.
The effective date for a disability that was caused—or made worse—by military service is whichever of these comes later:
The date the VA receives your claim, or
The date you first got your illness or injury (also known as the date your entitlement arose).
If you file a claim within one year of separation from service, your effective date may be the day after discharge.
If you submit an Intent to File, your effective date can be protected as long as the full claim is filed within 1 year of the form submission.
If a claim is reopened with new and relevant evidence (like a supplemental claim), the effective date is typically the date the new claim is received—not the original denial date.
Appeals for increased ratings or service connection may preserve the original effective date if the appeal is continuous and timely.
The VA considers various factors when determining the effective date, including the nature of the claim, the date the condition arose, and the date the claim was filed.
It is crucial for veterans to understand that the effective date can be different than the date they filed the claim, and it may be possible to argue for an earlier effective date.
The VA’s decision on the effective date can significantly impact the amount of retroactive pay a veteran receives.
The effective date determines how far back the VA will pay you. For example, if your effective date is June 1, 2023, and your claim is approved on June 1, 2025, you may receive two years of back pay. But if a mistake or delay changes the effective date, you could lose a part of your benefits. That is why filing correctly—and on time—is so important.
A VA-accredited representative can help ensure your effective date is protected and, if necessary, fight to restore an earlier one through 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
Check out our YouTube video where our firm’s partners discuss the importance of effective dates: Effective Dates for VA Benefits and their Significance to Disabled Veterans
Substantially gainful employment refers to work that provides income above the federal poverty level for one person. It also involves the ability to perform the job’s duties with a reasonable degree of reliability and stability. Factors like job skills, education, and the physical and mental demands of the job are considered.
In the context of VA disability benefits, it is used to determine whether a veteran is eligible for Total Disability based on Individual Unemployability (TDIU). If a veteran’s service-connected conditions prevent them from maintaining substantially gainful employment, they may qualify for TDIU, even if their VA combined rating is below 100%.
Marginal employment is work that falls below the threshold of substantially gainful employment. It typically includes jobs where the veteran earns less than the poverty level, or works in a sheltered or protected work environment—such as a job with significant accommodations or relaxed performance expectations.
The VA does not consider marginal employment as evidence of employability. Veterans who are only able to perform marginal work may still qualify for TDIU, since their employment does not demonstrate the ability to maintain vocational proficiency.
Any job that does not pay above the annual poverty threshold
Jobs in protected work environments (e.g., working for a family member, or being accommodated beyond what is typical)
Sheltered employment, where the veteran is not held to normal standards of performance or attendance
Note: These examples are not exhaustive. Marginal employment can take many forms, and each case is evaluated based on its unique facts and circumstances.
The difference between substantially gainful and marginal employment is critical in TDIU claims. Veterans may appear “employed” on paper, but if that work is marginal, it does not disqualify them from receiving full VA disability compensation.
A VA-accredited representative can help identify and document marginal employment to support a TDIU claim. We have attorneys and representatives here at Greene & Marusak who can help you out with this.
Give us a call at (844) 483-8737
A Higher-Level Review (HLR) is one of the three appeal options under the Appeals Modernization Act (AMA). It allows a veteran to request that a more experienced VA reviewer re-evaluate a decision on their claim without submitting new evidence.
The review is based solely on the evidence already in the VA’s file at the time of the appealed decision. The goal is to catch legal, factual, or procedural errors that may have led to an incorrect outcome.
You believe the VA made a mistake in evaluating your evidence
You think the law or rating schedule was misapplied
You do not have new evidence yet, or you do not need it, and want a second look at your claims by a senior reviewer
You must request an HLR within 1 year of the VA’s decision
You cannot submit new evidence with an HLR
The review is focused on errors or differences of opinion. The reviewer will determine if an error or a difference in opinion changes the initial decision
Typically a faster appeal option than the Board of Veterans’ Appeals (BVA) option
You can request an optional informal conference—a phone call where you (or your representative) explain the errors you believe were made
HLRs are not available for decisions made by previous HLRs or Board appeals
Higher-Level Review can result in a quicker decision than other appeal lanes and may correct clear errors without starting the process over. However, because no new evidence is allowed, it is important to ensure the existing record already supports your case.
A VA-accredited representative can help you determine if HLR is the best option and advocate on your behalf during the informal conference, increasing your chances of a successful outcome. 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 breakdown the Higher-Level Review option: VA Claim Denial: Is the Higher-Level Review Option Right For You?
An Increased Rating Claim is a request submitted to the VA by a veteran who believes their service-connected condition has worsened and/or should be assigned a higher disability rating. A higher rating can lead to increased monthly compensation and possibly make the veteran eligible for additional VA benefits.
Veterans can file an increased rating claim at any time if their symptoms have become more severe, more frequent, or have led to new complications that impact their ability to function or work.
You may want to file if:
Your condition has worsened since your last VA decision
Your symptoms now meet the criteria for a higher rating under the VA’s rating schedule
You’ve developed secondary conditions related to the original disability
You believe the VA underrated your condition
Note: This is not an exhaustive list. Every case is unique, and legal advice can help clarify your options.
If you want to appeal for an increased rating, and you are within the one year window from the date you received your rating decision, you have three appeal options under the Appeals Modernization Act (AMA).
Note: Click on an appeal option to get an explanation of each and what steps to take.
If you are outside of the one year window to file for an appeal, you can consider filing a new claim for an increased rating.
You can submit any NEW documentation or evidence that supports your service-connected disability as worsened.
VA will treat this like any new claim and may require a new Compensation & Pension exam.
If you have never filed an increased rating claim on a particular issue, use VA Form 21-526EZ to file online or in person at a VA regional office.
If you have previously filed an increased rating claim on an issue and been denied, file a Supplemental Claim (VA Form 20-0995) with new and relevant evidence.
At Greene & Marusak, we know how to gather the medical evidence, lay statements, and legal arguments needed to support a claim for a higher rating. If you are struggling with worsening symptoms, reach out to our team.
Give us a call at (844) 483-8737
An Initial Claim is the first formal request a veteran files with the VA to receive disability compensation, pension, or other VA benefits. This claim begins the process of determining whether a veteran’s condition is connected to their military service and what level of compensation they are entitled to receive.
Initial claims can be filed for:
Service-connected disabilities (physical or mental)
Non-service-connected pensions (for low-income wartime veterans)
VA healthcare enrollment
Special monthly compensation, housing grants, or other benefits
You can support your VA disability claim by providing these documents:
VA medical records and hospital records
These could relate to your claimed illness or injuries or they could show that your rated disability has gotten worse.
Private medical records and hospital reports
These could relate to your claimed illness or injuries or they could show that your rated disability has gotten worse.
Supporting statements
These could be from family members, friends, clergy members, law enforcement personnel, or people you served with. These statements could tell the VA more about your claimed condition, how and when it happened, or how it got worse.
Note: You are not required to submit evidence, but it is highly recommended. The VA may still need to schedule a Compensation & Pension exam to learn more about your condition.
If filed within 1 year of separation from service, the effective date may be backdated to the day after discharge.
If you submit an Intent to File, you must file the full claim within 1 year to preserve that earlier effective date.
Submit Online:
Fill out VA Form 21-526EZ online at VA.gov
By Mail or In Person:
Fill out VA Form 21-526EZ and mail it to the VA intake center or bring it to a VA regional office near you
Filing your Initial Claim correctly is critical. Errors, missing evidence, or incomplete forms can lead to delays or denials. A strong first submission sets the foundation for future decisions and potential appeals. That is why working with a VA-accredited representative can help ensure your claim is complete, well-supported, and filed on time.
We have attorneys and representatives here at Greene & Marusak who can help you out with this.
Give us a call at (844) 483-8737
An Intent to File is a formal notice submitted to the VA that lets them know that you plan to apply for benefits without having to complete the full application right away. It is a simple but important step that can secure an earlier effective date for your benefits, which means you could receive retroactive payments if your claim is approved. Retroactive payments are for the time between the VA processed your intent to file and when the claim is approved.
Once the Intent to File is submitted, you have up to one year to complete and submit the full application for:
Disability compensation
Pension benefits
The VA will consider the date you submitted your Intent to File as the effective date for benefits, as long as your full claim for benefits is received within that one year window.
You must file a full claim for benefits within one year of the VA receiving your Intent to File.
If you do not submit the full claim within that year, you will lose the protected effective date.
A new Intent to File must be submitted if the one year window is passed.
Submit Online:
Fill out VA Form 21-0966 online at VA.gov
By Phone:
Call 1-800-827-1000 (TTY: 771) to notify VA of your Intent to File
By Mail or In Person:
Submit VA Form 21-0966 and mail it to the VA intake center or bring it to a VA regional office near you
Filing an Intent to File gives you time to gather evidence, consult a VA-accredited representative, or prepare your claim thoroughly—without losing out on potential back pay. It is a smart first step, especially if you are unsure whether your application is complete or still gathering documentation.
We have attorneys and representatives here at Greene & Marusak who can help you complete your application.
Give us a call at (844) 483-8737
Lay evidence refers to non-expert, firsthand observations or statements from the veteran or others who can describe a disability, event, or symptoms relevant to a VA claim. This type of evidence does not require medical training and can be submitted by the veteran, family members, friends, caregivers, or fellow service members.
Lay statements can:
Support claims where medical records are incomplete or missing
Help show the onset, continuity, and impact of a condition over time
Often be used to describe pain levels, daily limitations, mental health symptoms, or observable events like an in-service injury
Note: Lay evidence cannot diagnose a condition, but it can credibly support the presence, frequency, and severity of symptoms.
A veteran describing how their back pain affects their ability to work
A spouse explaining changes in the veteran’s mood or behavior over time
A fellow service member recalling a combat-related incident or injury
A friend observing how a condition impacts the veteran’s day-to-day activities
Note: These are just a few examples. Every case is different, and lay evidence should be detailed and truthful.
Use VA Form 21-10210 (Lay/Witness Statement)
Clearly explain what was witnessed, how the person knows the veteran, and why their input is credible
Be as detailed and specific as possible
Include as part of an initial claim, appeal, or supplemental claim
Submit with your claim or appeal via VA.gov, mail, or with help from a VA-accredited representative
At Greene & Marusak, we help veterans and their families make sure they have strong lay statements that clearly support claims. Whether you are filing for the first time or appealing a denial, we ensure your story is properly documented and heard by the VA.
Give us a call at (844) 483-8737
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:
A current diagnosed disability
Evidence of an in-service event, injury, or illness
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 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:
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.
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
A Notice of Disagreement (NOD) is the formal way a veteran tells the VA they disagree with a decision made on their disability claim. Filing an NOD begins the appeals process and allows the veteran to challenge issues such as a denied claim, low disability rating, or incorrect effective date.
Under the Appeals Modernization Act (AMA), most veterans now file a Notice of Disagreement using VA Form 10182, which sends the appeal directly to the Board of Veterans’ Appeals (BVA).
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:
Direct Review – No new evidence; the Board reviews the existing record.
Evidence Submission – You may submit new evidence within 90 days of filing.
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
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
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 in the context of VA disability benefits means the VA has recognized a veteran’s disability as being connected to their military service. This recognition is crucial for receiving compensation and other benefits related to that disability. To establish service connection, a veteran needs to demonstrate a link between their current diagnosed disability and an event, injury, or illness that occurred during their active military service.
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) is an additional tax-free benefit paid to veterans, spouses, surviving spouses, or parents who have certain serious disabilities or needs that go beyond the regular VA disability rating schedule.
SMC is not based on a percentage rating alone. Instead, it is awarded when a veteran has specific conditions—like the loss of a limb, loss of use of organs, or needs daily aid and attendance—that require extra compensation because of the severity or impact on independence.
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.
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
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.
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 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.
Surviving spouses (including same-sex spouses)
Dependent children (biological, adopted, or stepchildren)
Dependent parents, if they meet income and support requirements
Note: Eligibility depends on factors like the veteran’s disability status, cause of death, and the survivor’s relationship and financial need.
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
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:
Burn pits
Radiation
Other environmental hazards
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 and Total (P&T) status refers to a VA disability rating that is both permanent (expected to last for life) and total (rated at 100%). This is a “status” that means the VA has determined your service-connected condition(s) are completely disabling and will not improve over time.
Veterans with P&T status typically receive 100% monthly disability compensation for life, and may also be eligible for additional state and federal benefits.
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:
CHAMPVA (health benefits for dependents)
State-level perks like property tax breaks or educational waivers
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 means the VA automatically assumes certain conditions are related to military service without requiring the veteran to prove a direct link. This applies to specific diseases or exposures that the VA recognizes as likely caused by military service based on when and where the veteran served.
Veterans do not need to show a specific injury or event in service for these conditions—just that they meet the qualifying service criteria and have a diagnosed condition on the VA’s presumptive list.
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 maintains a list of presumptive conditions, which is regularly updated.
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
Presumptive service connection means the VA automatically assumes certain conditions are related to military service without requiring the veteran to prove a direct link. This applies to specific diseases or exposures that the VA recognizes as likely caused by military service based on when and where the veteran served.
Veterans do not need to show a specific injury or event in service for these conditions—just that they meet the qualifying service criteria and have a diagnosed condition on the VA’s presumptive list.
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
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.
Notice of Proposed Reduction: The VA must send notice to the veteran of the proposed reduction.
Opportunity to Respond: The veteran has a set period (typically 60 days) to submit evidence and arguments against the reduction.
Hearing (Optional): The veteran can request a hearing within 30 days of the notification to present evidence and argue their case.
Final Decision: After reviewing the evidence, the VA will issue a final decision.
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
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
Montgomery – Fax number: (334) 213-3565
Alaska
Anchorage – Fax number: (907) 257-6750
Arizona
Phoenix – Fax number: (602) 627-3039
Arkansas
Little Rock – Fax number: (215) 991-1410
California
Los Angeles – Fax number: (310) 235-7568
Oakland – Fax number: (510) 637-6118
San Diego – Fax number: (619) 400-5399
Colorado
Denver – Fax number: (303) 914-5903
Connecticut
Hartford – Fax number: (860) 665-7654
Delaware
Wilmington – Fax number: (302) 993-7241
District of Columbia
National Capital Region – Fax number: (202) 530-9094
Florida
St. Petersburg – Fax number: (727) 319-7746
Georgia
Atlanta – Fax number: (404) 929-5586
Hawaii
Honolulu – Fax number: (808) 433-0384
Idaho
Boise – Fax number: (208) 429-2281
Illinois
Chicago – Fax number: (312) 706-6683
Indiana
Indianapolis – Fax number: (317) 916-3812
Iowa
Des Moines – Fax number: (515) 323-7580
Kansas
Wichita – Fax number: (316) 651-2970
Kentucky
Louisville – Fax number: (215) 991-8052
Louisiana
New Orleans – Fax number: (504) 252-4671
Maine
Togus – Fax number: (207) 623-5776
Maryland
Baltimore – Fax number: (410) 230-4542
Massachusetts
Boston – Fax number: (617) 303-5558
Michigan
Detroit – Fax number: (313) 471-3893
Minnesota
St. Paul – Fax number: (612) 970-5412
Mississippi
Jackson – Fax number: (601) 364-7037
Missouri
St. Louis – Fax number: (314) 552-9715
Montana
Fort Harrison – Fax number: (406) 495-9715
Nebraska
Lincoln – Fax number: (402) 420-4007
Nevada
Reno – Fax number: (775) 321-4718
New Hampshire
Manchester – Fax number: (603) 222-5741
New Jersey
Newark – Fax number: (973) 297-3314
New Mexico
Albuquerque – Fax number: (505) 346-4766
New York
North Carolina
Winston-Salem – Fax number: (336) 714-0511
North Dakota
Fargo – Fax number: (701) 451-4689
Ohio
Cleveland – Fax number: (216) 522-2547
Oklahoma
Muskogee – Fax number: (918) 781-7986
Oregon
Portland – Fax number: (503) 412-4733
Pennsylvania
Philadelphia – Fax number: (215) 381-3488
Pittsburgh – Fax number: (412) 395-6184
Philippines
Manila – Fax number: 011-632-550-3942
Puerto Rico
San Juan – Fax number: (787) 772-7481
Rhode Island
Providence – Fax number: (401) 223-3679
South Carolina
Columbia – Fax number: (803) 647 2302
South Dakota
Sioux Falls – Fax number: (605) 333-6886
Tennessee
Nashville – Fax number: (615) 695-6357
Texas
Utah
Salt Lake City – Fax number: (801) 326-2491
Vermont
White River Junction – Fax number: (802) 291-6299
Virginia
Roanoke – Fax number: (540) 597-1792
Washington
Seattle – Fax number: (206) 341-8665
West Virginia
Huntington – Fax number: (304) 399-9358
Wisconsin
Milwaukee – Fax number: (414) 902-9415
Wyoming
Cheyenne – Fax number: (307) 433-2788
Residuals refer to the ongoing symptoms, limitations, or impairments that remain after the initial or acute phase of an illness, injury, or medical condition has passed. In the VA disability system, residuals are often the basis for a veteran’s disability rating, especially when the original condition is no longer active but has caused lasting effects.
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
A secondary service-connected condition is a disability or illness that develops as a direct result of, or is aggravated by, a service-connected disability. To claim secondary service connection with the VA, you must have a service-connected primary disability and provide evidence linking the primary and secondary conditions.
A veteran also needs to prove three things: a current, diagnosed secondary condition; an existing, service-connected primary disability; and a medical nexus (link) between the two conditions.
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 in the context of VA disability benefits means the VA has recognized a veteran’s disability as being connected to their military service. This recognition is crucial for receiving compensation and other benefits related to that disability. To establish service connection, a veteran needs to demonstrate a link between their current diagnosed disability and an event, injury, or illness that occurred during their active military service.
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) is an additional tax-free benefit paid to veterans, spouses, surviving spouses, or parents who have certain serious disabilities or needs that go beyond the regular VA disability rating schedule.
SMC is not based on a percentage rating alone. Instead, it is awarded when a veteran has specific conditions—like the loss of a limb, loss of use of organs, or needs daily aid and attendance—that require extra compensation because of the severity or impact on independence.
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.
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
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.
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
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.
Surviving spouses (including same-sex spouses)
Dependent children (biological, adopted, or stepchildren)
Dependent parents, if they meet income and support requirements
Note: Eligibility depends on factors like the veteran’s disability status, cause of death, and the survivor’s relationship and financial need.
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.
Survivors Pension (Death Pension):
Needs-based monthly benefit for low-income surviving spouses and children of wartime veterans.
Dependents’ Educational Assistance (DEA)/Chapter 35 Education Benefits:
Covers education and training costs for eligible spouses and children.
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
A temporary total disability rating from the VA is a temporary increase in a veteran’s disability rating to 100% due to a service-connected condition that significantly impairs their ability to work or function, but the condition is not expected to be permanent.
This rating is typically granted for a limited time, such as during convalescence after surgery or during hospitalization for a service-connected condition. It provides 100% disability compensation for a limited time during recovery or treatment.
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
At Greene & Marusak, we assist veterans in obtaining temporary total ratings during recovery and ensuring their long-term ratings reflect the full impact of their service-connected conditions. If your temporary benefits were denied or cut short, contact our VA-accredited team.
Give us a call at (844) 483-8737
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
A Toxic Exposure Risk Activity (TERA) is an official designation used by the VA to identify military duties or environments where service members may have been exposed to hazardous substances, such as burn pits, radiation, chemicals, or contaminated water.
TERA designations are part of the PACT Act’s implementation and are used to help determine eligibility for toxic exposure-related benefits.
If a veteran participated in a TERA, they may be presumed to have been exposed to toxins
This can support faster and easier service connection for conditions like:
Certain cancers (e.g., brain, kidney, respiratory)
Chronic bronchitis, asthma, sinusitis, and more
Helps reduce the burden of proof: veterans do not have to show exactly how they were exposed
Note: Not all locations or duties are considered TERA. Eligibility depends on the veteran’s service record and specific assignment.
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
At Greene & Marusak, we help veterans identify and document TERA-related exposure, build strong claims, and fight unjust denials. If you believe your military duties put you at risk of toxic exposure, our team is here to help you.
Give us a call at (844) 483-8737
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
