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Getting Around the Difficulties of VA Disability Claims: A Complete Guide 

  Apr 24, 2024

If you are a soldier who got injured or fallen ill during your active military service, you are eligible for Veteran Affairs or VA disability benefits. 

These are the tax-free monthly payments and other facilities that the government provides to military personnel with impairments.  

Unfortunately, navigating the entire process of VA eligibility, filing, and claims is time-consuming and complex. 

Moreover, the amount of compensation is assessed according to the circumstances, the type of injury (physical or mental), the evidence presented, and many other criteria. 

It is always better to let professionals like Berry Law offices handle the compensation by gathering all necessary information for 100% approval. 

This article covers all the details about the filing process, submission, and the impact of final decisions for a VA disability claim. 

Eligibility and Preparing to File 

Eligibility for VA Disability

According to the U.S. Census Bureau, approximately 3.9 million veterans receive disability compensation for serving the nation. 

Preparing to file a VA is a complex process because every medical condition needs to be assessed properly. 

As per the eligibility guidelines, the claimant had to follow the step-by-step process to get their application approved. 

  • The soldier has to prove that the injury or sickness was service-related including pre-service and post-service records as evidence. 
  • Any present illnesses, as well as limited body and mind functions, will be checked as per the medical records provided by the VA officer. 
  • Injury during inactive duty training is also considered eligible in some scenarios. 
  • Illnesses occurring due to long military service will also be recovered.
  • Some presumptive conditions will lead to injury or illness and are therefore also approved for compensation. 

DO YOU KNOW?
Hearing loss may be more difficult to get approved despite being the second most commonly approved disability.

The Filing Process

Most Common VA Disabilities

Once all the medical records have been checked along with the physical proof, certain circumstances may or may not make it difficult to get compensation.  

Here are the top five most commonly approved claims for the following injury or sickness:

  1. Tinnitus
  2. Hearing Loss
  3. Limitation of Flexion, Knee
  4. Post-Traumatic Stress Disorder (PTSD)
  5. Lumbosacral or Cervical Strain (Back Pain)

The filing process for the evidence provided is simple with online and offline facilities. You can either hire an attorney to submit all information or apply yourself online at https://www.ebenefits.va.gov/ebenefits/homepage.

There is also an option to mail all the evidence with the application or submit it in person at a VA office. 

The accuracy of all information helps move the file forward and get the claim without any hassle. It is necessary to provide correct details, like the date of injury or sickness and how it occurred. 

You can also include facts about how the injury has limited your daily functionality or impacted other family members to help the VA make an informed decision. 

After Submission: What’s Next?

It is vital to submit all necessary documents with correct records and information because, after submission, it may take up to 94 days or longer for review. 

Every case is different and sometimes the VA may send an email to clarify the details or ask to submit additional paperwork. 

Timely attendance to all VA’s requests for further inquiry and updating them in case there are any changes in the medical record is also reviewed in detail.   

Compensation and Ratings

After the final review of the claim, the VA issues a Veteran’s Affairs Schedule for Rating Disabilities (VASRD) to determine the severity of a soldier’s impairment. 

These are diagnostic codes and disability ratings from 0 to 100 percent, with the higher rating meaning eligibility for more facilities to be provided to the veteran. 

THINGS TO CONSIDER
A 30% disability rating or higher results in additional compensation, plus compensation for your dependents.

If a military personnel gets a 60% rating and cannot work, they qualify for the TDIU program, or Total Disability Individual Unemployment. 

The 100% compensation VA claim is rare but is possible with additional benefits like dental care, prescription medications, travel allowance, vocational rehab, etc.

 VA Disability Pay Rates

STATISTICS:
The graph shows the VA disability rates and the compensation received as per each criterion. 

Appealing VA Decisions

Process of VA Claims to Appeals Process

If you agree with the final VA decision and the claim rate, you should proceed with the approval process. 

However, in rare cases when the results are unsatisfactory, you can request a board appeal online, through mail, by fax, or in person at their office. 

The appeal process consists of the following steps:

  1. Reconsidering the evidence
  2. Presenting new evidence
  3. Hearing before the board of veteran appeals

It is important to hire a legal representative at this stage who can complete all formalities throughout the procedure. 

Hiring an expert attorney also helps build new evidence backed by medical records and a better understanding of the veteran’s current circumstances.

Please note: Veterans have one year from the date of the VA notification letter to appeal a claims decision.

Life Changes and Impact on Benefits

There will be changes in your medical condition in a year if you have suffered a physical injury. It is obvious that throughout the filing and submission process, it will impact your VA benefits. 

Under special life events or circumstances, the compensation rating may change accordingly. 

This can include recovery from severe physical or mental illness, having a child after completing military service, etc. 

Many hesitate to report it or delay it as it impacts the financial scenario. However, keeping the VA informed is a good idea instead of losing ratings due to false claims. 

Resources and Assistance

 Resources for Veterans Seeking Social Security Benefits

As you go through the mentioned procedures, you understand that VA disability claims are complicated. 

Not many get the opportunity to hire an attorney or know how to submit accurate medical records. 

In such a scenario, military personnel can contact the local organizations that help organize the evidence and collect all the information regarding the injury. 

They also provide a legal representative for the VA appeal process and assist in getting the fair compensation you deserve. 

VA Disability Claims in the Digital Age

The entire VA disability claim procedure has become efficient and easier to file in the digital age. 

It is due to the VA’s ongoing digital modernization efforts claimants can check all information online, fill out the necessary forms, and submit them on time. 

With the help of online forums and networks on social media, veterans get more support to improve their compensation ratings. 

Conclusion

On the field or after service to the nation, every veteran deserves fair disability claims. The government has set up the VA to provide the facilities but the process still needs to be simplified. 

For their assistance, expert attorneys, private organizations, and local authorities extend their support. 

We hope the detailed information provided here has cleared your doubts so you can make an informed decision and proceed to receive fair compensation for your services. 




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