The Top Most Overlooked Veteran Benefits
CCK Law: Our Vital Role in Veterans Law
With how complex disability claims can be in the Department of Veterans Affairs (VA), it is not surprising that many veterans remain unaware that they may qualify for several crucial benefits that could help them achieve higher ratings or greater compensation.
In this article, you will learn about some of the most overlooked veteran benefits offered by VA, as well as the basic qualifications for each so that you can determine if you are eligible.
Key points of this article include:
- Secondary service connection applies in cases where veterans develop a new condition because of an already existing service-connected condition.
- Total Disability Based on Individual Unemployability (TDIU) is an overlooked veteran benefit intended for those whose disabilities keep them from maintaining gainful employment.
- Special Monthly Compensation (SMC) applies in circumstances where a veteran’s disability is especially serious or debilitating. This can include situations where a veteran is considered housebound or requires assistance in some activities of daily living.
Benefit #1 – Secondary Service Connection: What Is It?
“Secondary service connection means that if your service-connected disability causes or aggravates another condition, that new condition can also be service connected,” says Bradley Hennings, Partner at CCK Law. “This includes physical, mental, or even medication-related side effects.”
Examples of secondary service connection (SSC) include:
- Physical SSC – If a veteran has a service-connected knee condition that causes them to change how they walk, it is possible this altered gait will lead to problems in the veteran’s hips or back. If such problems arise, they may be eligible for secondary service connection.
- Mental SSC – Veterans who are suffering from service-connected cancer often develop anxiety or depression as a result of their illness. In cases like these, the veteran may be able to pursue secondary service connection for these mental conditions.
- Medication-Related SSC – If a veteran takes antipsychotic medication to help treat their post-traumatic stress disorder (PTSD), it is possible this medication will cause the development of gastrointestinal issues like GERD. In such a case, the veteran’s GERD may qualify for secondary service connection.
- SSC for Residuals – Residuals are the long-term consequences of treatment or surgery for a service-connected condition. For instance, if a veteran has a service-connected back condition that requires surgery to fix, it is possible that this surgery will leave a large or painful scar on the veteran’s body. This residual scar may potentially be compensable by VA.
To prove secondary service connection, veterans generally have to provide VA with two key pieces of evidence:
- A current diagnosis of a secondary disability; and
- A medical nexus opinion linking this secondary disability to the veteran’s already service-connected primary disability. These nexus opinions can typically be provided by a veteran’s private doctor.
Interested in potentially increasing your disability rating? Watch CCK Law Partners Brad Hennings and Christine Clemens discuss overlooked veteran benefits you may qualify for:
How Do Secondary Conditions Increase a VA Disability Rating?
Secondary conditions contribute to a veteran’s overall disability rating just like primary conditions do, with veterans receiving an additional percentage rating for every secondary condition they possess.
However, a veteran’s overall disability rating is not calculated simply by adding each of their individual percentage ratings together. Instead, VA uses a form of calculation commonly called “VA Math” to determine a veteran’s combined disability rating.
For example:
- Say a veteran has a back condition rated as 50 percent disabling, which causes the veteran significant pain. Eventually, this back pain causes the veteran to develop depression, which they successfully pursue secondary service connection for, earning a secondary rating of 30 percent.
- The veteran now has a rating of 50 percent for their back condition and 30 percent for depression. These two percentages are not added together to calculate the veteran’s total disability rating.
- Instead, their overall rating is determined through VA Math, ultimately coming out to a total of 70 percent disabled. This is substantially higher than the 50 percent rating the veteran would have if they had never pursued secondary service connection for their depression.
Benefit #2 – Total Disability Based on Individual Unemployability (TDIU): What Is It?
Total Disability Based on Individual Unemployability (TDIU) is a commonly overlooked veteran benefit that allows veterans to be compensated at the 100 percent level for their disability, even if their actual disability rating is below 100 percent. TDIU is intended for veterans whose service-connected conditions make it impossible for them to maintain gainful employment.
“The key to earning TDIU is showing that your service-connected disabilities prevent you from securing or maintaining substantially gainful employment,” says Christine Clemens, Partner at CCK Law. “That means regular work that supports you financially, not marginal jobs or protected work environments.”
There are two primary ways by which veterans can qualify for TDIU:
- Schedular TDIU – This TDIU pathway applies to veterans who meet one or the other of the following qualifications:
- One service-related disability rated at 60 percent or more; OR
- A combined disability rating of 70 percent or higher, with one disability rated at least 40 percent or more.
- Extraschedular TDIU – This TDIU pathway is for veterans who do not meet the above schedular requirements, but whose disabilities still prevent them from gainful employment. In this case, VA’s Director of Compensation Services will review the veteran’s claim to determine if TDIU is warranted.
Can I Still Work if I Receive TDIU?
Yes, in certain circumstances, veterans can still work while receiving TDIU. However, this employment must be either “marginal”, or it must be in a “protected” work environment.
- Marginal employment – If a veteran earns below the federal poverty level from their job, then it is considered marginal employment. This often applies in situations of part-time work where a veteran does not earn enough money to support themselves. VA does not classify this type of employment as “substantially gainful”, and therefore, veterans can continue to work these jobs while receiving TDIU.
- Protected work environments – A protected work environment is one where the employer offers substantial accommodations to the veteran to account for their disability. Typically, the veteran would not be able to keep up with their work without these accommodations. VA reviews claims involving protected work environments on a case-by-case basis.
Wondering whether you qualify for TDIU? Watch CCK Law Partners Christine Clemens and Emma Peterson discuss the ins and outs of this valuable benefit:
Benefit #3 – Special Monthly Compensation (SMC): What Is It?
Special Monthly Compensation (SMC) is a VA benefit designed for veterans with particularly severe or complex medical disabilities. Generally, SMC pays veterans at higher rates than standard VA compensation to account for the additional needs these veterans require.
There are various levels of SMC that veterans can be assigned depending on the severity of their conditions and whether they meet certain criteria. These levels include:
- SMC-L through SMC-O can be issued to veterans with certain conditions or combinations of conditions. SMC-L covers the less severe conditions (and therefore offers lower compensation rates) while SMC-O covers more severe conditions (and offers higher compensation rates).
- SMC-R-1 and SMC-R-2 are issued to veterans who need regular Aid and Attendance (A&A) from another person or medical professional to perform the activities of daily living like bathing, dressing, or eating.
- SMC-S, or “Housebound SMC”, is given to veterans whose disabilities confine them to their home.
- SMC-T is provided to veterans who have suffered a Traumatic Brain Injury (TBI) that has left them unable to care for themselves, and therefore, need the regular aid of another person.
- SMC-K is offered to veterans who have either lost or lost the use of certain extremities or organs. Notably, this is the only form of SMC that is paid in addition to a veteran’s monthly compensation, rather than replacing it entirely.
Below, you can find the 2026 compensation rates for each form of SMC:
Disagree with a VA Decision? Contact CCK Law
If VA has made a decision that you disagree with, the large, dedicated team at Chisholm Chisholm & Kilpatrick may be able to assist. Our VA-accredited attorneys and experienced advocates have secured favorable outcomes for 99 percent of our past clients before VA and 95 percent of our cases in federal court, helping us recover over $1 billion in wrongfully denied benefits.
Call CCK Law at 800-544-9144 or contact us online for a free case evaluation.
Frequently Asked Questions
Does age or retirement affect TDIU?
No, VA does not consider age or retirement status when judging a veteran’s eligibility for TDIU. Even if a veteran took an early retirement or is past retirement age, they should still qualify for TDIU if they meet the criteria.
Is TDIU permanent?
No, TDIU is not automatically permanent. If a veteran can return to work and begin to earn money above the federal poverty level, VA will likely request more information from the veteran or notify them that their TDIU benefits are being cancelled.
Can I work if I’m receiving TDIU?
Yes, under certain circumstances, veterans can still work while receiving TDIU. However, this employment must be either “marginal” (i.e., the veteran is earning less than the federal poverty level) or in a “protected” work environment (i.e., the veteran’s employer is offering them special accommodations for their disability, without which they could not work).
If VA denied my TDIU application in the past, can I still apply?
Yes, a TDIU denial is not the end of the road. If a veteran’s condition worsens or new evidence arises that may qualify them for TDIU, then they can either reapply or file an appeal, which could potentially earn them TDIU.
If my primary claim is denied, will this affect my secondary claim?
Yes, if a veteran is trying to connect a secondary condition to a primary one and the primary condition is denied, the secondary condition likely will be, too. However, if they file an appeal and eventually get the primary condition approved by VA, the secondary condition can follow suit, depending on the circumstances.
Can I receive Aid and Attendance even if I’m not rated at 100 percent?
Yes, veterans not rated at 100 percent can still earn A&A so long as they qualify for SMC-L, which typically requires that the veteran need help with two or more activities of daily living, like bathing or dressing. VA will likely review the veteran’s medical forms and send them in for a C&P exam before approving them for SMC-L.
Can a spouse or dependent receive Aid and Attendance?
Yes, a veteran’s surviving spouse may qualify for A&A under Dependency and Indemnity Compensation (DIC) or a survivor’s pension. Other dependents will not qualify for direct A&A payments, though they may be eligible for other forms of support.
Is Aid and Attendance only for elderly veterans?
No, A&A is issued to veterans based on need, not on age. Many younger veterans suffer from debilitating physical or mental impairments that prevent them from performing the activities of daily living and therefore qualify for A&A compensation.
