Applying for VA benefits or dealing with the Board Of Veterans’ Appeals (BVA) can be long, drawn out, and frankly, infuriating at times. The process is complex. You’re always on hold or waiting to talk to someone and no one cares like you do. Let’s face it, you need (and deserve) your benefits, and you shouldn’t have to fight for something you’re entitled to. Hell, you’ve already fought and served for your country.
We’ve helped 1000s of Veterans nationwide appeal denied VA claims and successfully increase their ratings and get the benefits they deserve. If you have received a negative decision from the VA, call now for a free case review.
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If your disability is on an extremity push that proper leg or arm button then push the percentage, if it is not just select the percentage.
The PACT Act is a new law that expands VA health care and benefits for Veterans exposed to burn pits and other toxic substances.
What do the new presumptive conditions mean for you?
It’s simple: If you meet the criteria, you are automatically eligible for VA benefits. If you feel you are qualified and the VA has denied your claim, contact us immediately.
There are several ways you can apply for VA benefits. First, you can go online to the U.S. Department of Veterans Affairs and apply. Another option is to call the Department of Veterans Affairs hotline, 1-800-698-2411, to get help with your application. You can also apply by mail or in person at a local VA medical center or office.
You may be eligible for VA health care benefits if you served in the active military, naval, or air service. To meet this qualification, you must have served 24 consecutive months or the entire period you were called to active duty. If you have a service-related injury or disability, you may also be eligible for VA disability compensation.
In order to file a claim, you must submit:
Your evidence should prove your injury, illness, or disability, and it should show how the injury is connected to your service. An experienced VA lawyer can help you compile evidence that supports your claim.
Each case is different, and there is no common settlement amount. The amount of VA disability you will receive for your injuries depends on many factors, such as the severity of your injuries and your ability to work due to your disabilities.
Once you pass away, your VA benefits will be discontinued. This means your spouse will not receive your VA disability compensation after you’re gone. However, they may be able to receive benefits in their own right if they’re eligible for Dependency and Indemnity Compensation.
No. However, surviving family members may be eligible to receive other forms of compensation through VA.
Sometimes. Once approved for veterans disability benefits, VA will periodically review your case to determine whether you should still receive benefits. However, VA may determine that your injury or illness is permanently disabling, which generally excludes you from periodic review.
VA disability compensation is only available to veterans. However, veterans rated at least 30% can be paid additional compensation benefits for any qualified dependents. Also, family members who provide care for disabled veterans may be eligible for support through VA. Other family members may be eligible for health care, help with education and training, and burial benefits.
Yes. Any psychiatric disability, with a few exceptions, is eligible, including:
The VA calculates compensation for disability based on a rating scale. After reviewing your claim, the VA will assign you a rating that reflects your service-related disabilities. The scale is from 0% to 100% and is given in 10% increments.
If you have more than one service-related injury that you’re submitting a claim for, the VA will assign a rating to each of your conditions. Once they determine all of your ratings, they will combine them from highest to lowest. Then, the VA will round up your total rating to the nearest 10%.
One way to increase your VA rating is to submit a claim if your service-related injury has gotten worse since VA granted you disability compensation for that condition. You can also increase your overall compensation rating by adding more service-related conditions to your claim. For example, if you discover another injury or disability that you weren’t already aware of, you can file a new claim that includes the recent conditions.
Finally, you can improve your rating by working with an experienced VA lawyer. Your attorney will help you compile evidence and submit a solid claim to improve your rating.
It depends entirely on the frequency, duration, and severity of the symptoms of your service-connected disabilities. It may be difficult to achieve a 100% disability rating for one service-connected condition. Most veterans who achieve this rating have more than one qualifying condition.
While your rating generally determines your monthly compensation, other factors could increase your payments. For example, the VA might increase your payments if you have a severe disability or you lost a limb. Additionally, if you have dependents and your rating is 30% or higher, you could receive increased payments.
To increase your disability rating, you must submit a new claim that shows how your injury has gotten worse. You can expedite this process by submitting VA form 20-10207 with your evidence. Doing so requests the VA to speed up the decision-making process.
Since your disability rating reflects the severity of your service-related injury, your rating also determines your compensation amount.
Here are the compensation rates for disability ratings of 10% and 20%:
It’s important to note that if you receive a rating of 10% to 20%, you will not get a higher rate even if you have dependents.
Your compensation rates will increase the higher your disability rating is. You will also receive a higher compensation if you have dependents.
The Department of Veterans Affairs determines your compensation for preservice disabilities based on the level of aggravation. Level of aggravation is how much your preservice injury has worsened due to your service.
So if your preservice injury had a rating of 20% and your services increased the rating to 30%, the level of aggravation would be 10%.
Special Monthly Compensation (SMC) is another tax-free benefit that some veterans receive. As the name implies, the compensation is for special circumstances. For example, if your service-related disability requires special medical equipment or the aid of another person, you may be eligible for SMC.
If you qualify for SMC, the compensation rate will be added to your regular disability rating.
The chances of winning your VA appeal will depend on several factors. The reason for the denial is the most significant factor.
For example, suppose your initial claim was missing crucial information or proof of claim, and you have access to information that would resolve the denial. In that case, your chances of winning the appeal are higher.
Working with an experienced veterans benefits attorney will increase your chances of success during the appeals process since they’ll be able to guide you and work to complete the documentation of your claim.
You can submit a supplemental claim, a higher-level review, or a Notice of Disagreement (Board appeal). A disability lawyer can help you navigate the options to help get your unfavorable decision overturned or your disability rating increased.
A Supplemental Claim is a new review of the judge’s previous decision. You can submit further evidence to support your claim in hopes of receiving a better outcome.
You can file a Supplemental Claim by filling out the Decision Review Request: VA Form 20-0995. On this form, you will select the benefit type and explain why you disagree with the judge’s decision. You will also be asked to submit new and relevant evidence that supports your claim.
After you’ve finished filling out the form, you can submit your application by mail or in-person to a VA regional office.
If you disagree with the VA’s decision for your claim, you can file an appeal. The Board of Veterans’ Appeals will conduct a hearing on your appeal and make a decision regarding your case.
During the hearing, you will have the opportunity to tell the BVA why you disagree with the VA’s decisions. You can also provide the judge with evidence that supports your claim. Additionally, you will answer any questions that the board may have about your case.
If you disagree with the Veterans Law Judge’s decision after your appeal hearing, you have a few options. You can either file a Supplemental Claim, or you can appeal to the U.S. Court of Appeals for Veterans Claims.
The appeals process can be overwhelming, so it’s beneficial to work with an experienced VA lawyer. They can help you appeal the Veterans Law Judge’s decision to help you earn the compensation that you deserve.
Currently, the average time it takes for the VA to issue a decision on an appeal is less than 12 months at the lower levels but much longer at the Board of Veterans’ Appeals. Of course, the type of appeal you file will significantly impact the time it takes for a decision.
For example, requesting a hearing before a Veterans Law Judge on the Board of Veterans’ Appeals could result in a much longer waiting period.
