Service Disability Compensation for Accidents Not Related to Combat

Injuries that result from accidents while you're on active duty can qualify you for disability compensation.

By , J.D. · The Colleges of Law

Service-connected disability compensation is available for most disabling injuries you sustain while you're on active duty—meaning you're not in the Reserves or the National Guard—for the military.

The VA considers an injury to be service-connected when it's caused or aggravated by an incident that happened to you while on active duty, whether or not the injury is accidental or combat-related.

Types of Accidents Covered by Service-Connected Disability

When you're on active duty, you're considered to be on active duty for 24 hours a day, whether you're technically "on duty" or "off duty" at the time of the injury. So, you can be service-connected for disabilities resulting from almost any type of accident that occurs while you're on active duty. This includes accidents that occur:

  • while traveling to or from leave
  • while on leave, and
  • while on base during off hours.

Accidents Occurring on Leave

If you're at home on leave and hurt yourself while lifting weights, have a car accident, or slip and fall on the ice, you're eligible for disability compensation if your injuries cause a disability. In short, you're on active duty between the time you enlist and the time you are discharged or separated, regardless of whether you are on leave, on base, in combat, or in a bar.

But if you're absent without leave (AWOL), you're not considered to be on active duty and won't be compensated for any injuries or illness you incur.

If You Were At Fault in the Accident

If your accident or injury was caused by your own willful misconduct, you won't be able to collect any benefits for the disability.

Generally, alcohol and drug abuse is considered willful misconduct and prevents you from getting benefits for any resulting injuries, but in some cases, benefits will still be permitted if it's extremely clear that your use of substances did not cause the accident or injury.

Read more about when alcohol and drug abuse keep you from getting veterans benefits.

How to Prove Service Connection for an Accident

To receive compensation, you'll have to show the VA that the accident you sustained on active duty resulted in a disability. You'll need to provide the following evidence:

  • proof that the accident occurred, such as:
    • a police report about a car accident
    • doctor or hospital records, or
    • lay statements from witnesses (buddies, family members).
  • a diagnosis or symptoms of a current disability, and
  • medical records, preferably with a doctor's medical opinion, that your current disability resulted from or was worsened by the accident.

You can't receive any disability compensation for short-term injuries that heal and have no long-lasting residual effects, only for long-term injuries.

Once you establish a service connection, the VA will assign you a disability rating based on the severity of your disability (or disabilities). The higher your disability rating, the more money you will receive. You can see how much in compensation you'll receive using the 2023 veterans disability compensation rates.

Secondary Service Connection for Additional Disabilities

You can receive VA disability compensation for your primary injury as well as for any additional disabilities that stem from it. For example, if your shoulder is injured when you're lifting weights while off-duty, which later leads to problems with your neck, you can seek additional compensation for the neck injury. You'll need to provide medical evidence that the neck injury was caused by the service-connected shoulder injury.

Aggravated Service Connection for a Pre-Existing Injury

If you had a pre-existing injury, and an accident while you were on leave or away from the base made it worse, you can get VA disability compensation for the worsening of your condition. But you won't be compensated if the pre-existing injury got worse on its own and not because of your accident.

To establish a service connection for aggravation of a pre-existing injury, you'll typically need a medical opinion from a doctor stating that the accident made your condition worse than it would have been, had it continued progressing naturally.

How Can You Protect Your Rights to Benefits While Still on Active Duty?

If you have an accident while on leave, off-duty, or at any time during your military service—even if it's not related to combat—seek medical attention. You should do this even if your injuries seem minor, because you'll create a paper trail that will make it easier later on to prove a service connection.

You should also obtain all the records you can while you are still in service, even if you don't think you've been badly hurt in your accident. Documentation of your medical history will help you later on if your injuries worsen and you (or your family) want to seek compensation from the VA. Read more about obtaining helpful records while still in the military.

How to Apply for Disability Benefits for Your Accident

You can apply for disability online, by filling out the Application for Veterans Compensation and/or Pension, or by contacting your local VA office. For more information, see our article on applying for VA disability benefits.

Updated May 25, 2023

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