Veteran’s Administration (VA) lets you receive VA disability compensation and Social Security disability insurance at the same time. But the law has changed in how veterans will qualify.
In 2009, Congress passed the BRAVE Act which provides that any veteran with a VA total (100%) disability award, automatically meets the medical requirements for Social Security disability.
Unfortunately for veterans, there has been a change in the law. For disability claims filed after March 27, 2017, the Social Security Administration will not automatically find you disabled based on a VA total disability award. Social Security now provides that decisions by the Department of Veterans Affairs, because they are based on rules different than those used by the Social Security Administration, are not binding on the Administration.
Your VA records, including medical reports, are still important to prove that you are totally disabled to meet social security requirements. But in general, they will carry no more weight than non-VA medical records.
HOW THE CHANGES WORK
Many veterans mistakenly believe that an award of Veteran’s Administration disability benefits will automatically entitle them to a Social Security disability award. The VA benefit amount is graduated according to the degree of the Veteran’s disability on a scale from 10% to 100%. Social Security Disability Benefits are not awarded for partial disability.
Social Security uses a different definition and standard for disability than the VA in deciding whether you are disabled. To meet the social security definition:
- You must not be able to engage in any substantial gainful activity (work that involves doing significant physical or mental activities or a combination of both)
- You must not engage in gainful activity because of a physical or mental impairment that is expected to result in death,
- Or an impairment that has lasted or is expected to last for a continuous period of at least 12 months.
Set up a FREE appointment with one of our experienced Social Security Disability lawyers if you have had your claim denied or need help with your application. Call us 1-800-303-5555.
And to all the veterans, thank you for your service to our country.