The VA Disability Claims process is a complex system that involves many different factors. Veterans can make well-informed judgments regarding their claims and guarantee they obtain the benefits they are entitled to by being aware of the specifics of this process.
There are several common misconceptions about how the VA determines combined disabilities for veterans with multiple service-connected conditions. Understanding how these ratings are calculated is essential to building a strong claim.
What is a VA Rating?
A veteran’s VA rating determines the level of disability compensation and benefits they receive. It is essential to understand the intricacies of VA ratings, including the VA Schedule of Rating Disabilities, and how to read and interpret them. VA disability lawyers, who the VA accredits, can represent you with your disability claim or appeal. Some non-attorney representatives can help you with your claim.
It is also crucial to submit all medical evidence that relates to your conditions, especially a comprehensive C&P Exam. It would help if you did this at the beginning of your claim to give yourself the best chance at an accurate disability evaluation.
When determining your VA rating, the VA considers all of the symptoms you experience. It also finds secondary conditions that result from the original service-connected disability, such as tinnitus and depression, which can be rated at up to 10% of your total rating.
The VA also considers your condition’s aggravation level, which is how much it has worsened over time since the date of your initial disability diagnosis. This can increase your disability rating and help you qualify for back pay.
What are the Requirements for Service-Connected Disability?
Whether your disability is physical or mental, the VA’s definition of service-connected is that it developed before, during, or after active duty and can be linked directly to military service. The nexus requirement is the most essential element of a disability claim. If your injury or illness doesn’t meet this standard, it cannot be eligible for benefits. For example, if you have back pain and MRIs show herniated discs in your lumbar spine, but they don’t also show a diagnosis of a condition like PTSD, the VA will deny your claims for service connection.
Many presumptive conditions are diagnosed without needing to prove that a specific event happened during service or aggravated an existing health issue. However, other claims require medical evidence and statements from your doctor that establish that your condition is connected to your time in service. You can also make a secondary service connection claim for a health issue that develops after your discharge.
What are the Appeals Process Requirements?
The VA’s appeal process is complex and lengthy. Typically, the time from filing a Decision Review Request until you receive a new decision is 2-3 years, depending on whether you choose a Higher-Level Review or Supplemental Claim.
You can request a new decision in response to the Rating Decision within one year from the date of your Notice of Disagreement (NOD). In your Decision Review Request, you’ll need to tell the VA what you disagree with about their decision, but you can leave some things out.
You can also select the option for Direct Review, which allows a judge to review your appeal based on evidence already submitted (no new evidence allowed) without a hearing. This is the quickest way to get a new decision, but it still takes, on average, one year. Having an experienced VA disability lawyer by your side can ensure that all deadlines are met, your case requirements are satisfied, and your appeals are correctly filed.
What are the Benefits Available to Veterans?
The Department of Veterans Affairs offers various benefits to help service members and their families with multiple needs. Whether it’s funding for school, getting a home loan, or buying life insurance, these programs can make it easier to live the civilian lifestyle.
Benefits include medical, burial, and survivors’ benefits. All enrolled veterans receive the VA’s comprehensive Medical Benefits Package, which includes preventive, primary, and specialty care and diagnostic, inpatient, and outpatient services. The amount a veteran receives depends on their eligibility, which is determined by the VA’s enrollment system.
A veteran may also be eligible for disability compensation if they have a disease or injury incurred or aggravated during active military service and for conditions presumed to be related to military service. Eligibility is based on a veteran’s service record, income, and the level of their disability rating.
