Posted on by BNG

What Veterans Must Know About VA Disability Denials

When trying to file for disability benefits, the odds might seem to be stacked against you.

Part of the problem is because the VA is so backlogged with claims, the “Decision Review Officers” don’t have the time to fully develop each case.

Here are the 10 most common reasons for Veteran’s disability claim denial.

  1. Inadequate information provided in your claim—it’s very possible that you simply didn’t provide enough medical evidence in your disability claim for the VA to make an informed decision regarding your true level of disability.
  2. Missed the deadline—Appeals on denied Veteran’s disability claims must be filed within one year of the date of the ratings decision. However, don’t wait until the last minute to file your appeal as you will waste months.
  3. Disability is ruled as non-service connected—to receive Veteran’s disability, you have to show that your disability originated from an event that occurred during service. Sometimes, the VA will try to rate your disability as non-service connected, so you have to appeal the decision of the classification of your disability. Frequently, it is necessary to get “buddy statements” to prove certain disabling events occurred while in service.
  4. Symptoms aren’t deemed severe enough and given an improper rating—In some cases, the VA will recognize that you’re experiencing certain symptoms from a service-related disability, but they’ll state that your symptoms aren’t at a degree or level severe enough to warrant disability compensation or a higher disability rating.
  5. Mistaken reliance on the VA to send the Vet for a Medical Exam. Frequently the key to proving service connection of a disability is getting a “medical nexus exam.” This is where a doctor gives a written opinion as to whether a current medical condition is service connected. The VA often does not provide this and it is necessary for the Vet to get it themselves.
  6. Ruled a pre-existing or non-aggravated condition—The VA may determine that a pre-existing condition contributed to your disability, meaning that, in their view, you’re not entitled to any compensation because your condition is not service connected.
  7. Filled out the wrong forms—There are certain forms that must be filed before the process can be started. Filing the wrong forms or completing your forms incorrectly can lead to a veteran’s disability claim denial.
  8. Lack of professional representation—It’s certainly within your rights to file your claim on your own, but it’s often a good idea to enlist the help of a professional so you don’t make any costly mistakes that cause delays or a claim denial. Experienced representatives know how to gather and present evidence of service connected disability effectively.
  9. Mistaken reliance on the VA to fulfill their “Duty to Assist” the Veteran. The VA has a legal duty to assist the veteran in developing their disability claim. This means the VA is supposed to collect the veteran’s military and medical records and anything else necessary to develop their case. This is a mistake as the VA rarely fulfills this duty. The smart thing to do is to collect your own medical and military records and seek your own doctors opinions as to why you are disabled.
  10. Claim is still being processed—There’s a chance that your disability claim hasn’t been denied at all. It might just still be in processing. Processing for claims can sometimes take years, so you need to check on the status of your claim before taking any further action.

So, what should you do if you’re facing disability claim denial? The most important thing is to not give up.

The truth is that a lot of Veteran’s disability claims are denied at first, but just because your claim is denied doesn’t mean that your claim isn’t justified. You have the right to appeal your claim. Don’t give up. With perseverance, you stand a chance of winning your claim and getting the VA disability benefits you deserve.

For A Complete Guide To VA Disability Claims and to find out more about your potential VA disability case and how to obtain favorable VA Rating Decision!

Visit: VA-Claims.org

For Cases & Decisions that Could Save Your VA Service-Connected Claims!

Visit: VAClaims.org ~ A Non-Profit Non Governmental Agency

Posted on by BNG

What Veterans Must Know About VA 100 Percent Disability Ratings

When it comes to the Veterans Affairs 100 percent disability ratings, things can be confusing.  Veterans can find it difficult to determine whether or not they can work if they are rated at 100%. To better understand which 100 % rating is best for you, let’s consider the types of 100 percent disability ratings that the VA uses to determine if a Veteran can return to work or not.

Types of 100 Percent Disability Ratings
Service Connected Disabilities – This is when a Veteran’s a single service connected disability or alternatively, the Veteran’s combined service connected disabilities total to 100 percent. Once the Veteran reaches 100 percent service connected disability this way, he or she can work full time.

Total Disability/Individual Unemployability (TDIU or IU) – This type of disability rating is a bit more complicated than regular service connected disability and is considered when a Veteran’s claim is made which requests that he or she be paid the full 100 percent rate even though his or her disabilities fail to combine to 100 percent. A Veteran may make a claim for the rating when he or she is unable to maintain what the VA considers “gainful employment” because the service connected disability keeps them from doing so. Veterans granted 100% disability under IU are not allowed to work full-time due to the nature of his or her service connected disabilities.

In order to qualify for TDIU or IU, the Veteran must have one disability rated at 60 percent or one at 40 percent with enough additional disabilities that create a rating of 70 percent or above. Even though the basic criteria for IU are met, this does not mean that 100 percent disability rating will be awarded. The Veteran must provide medical evidence which shows that he or she is unable to work in both physical and sedentary settings. Though the qualifications may seem stringent, IU can still be awarded to those Veterans who do not meet the percentage criteria if the disabilities present a distinctive hindrance to gainful employment.

Receiving an IU 100 percent rating does not create a bar to all employment. You can still work “marginal” or part time employment with a certain amount that can be earned annually.

Temporary 100 Percent Disability Rating– This rating is given to Veterans that have been hospitalized for 21 days or longer or had surgery for a service connected disability that requires at least a 30 day convalescence period. The VA will pay the Veteran at the 100 percent rate for the extent of the hospital stay or convalescence period.

Permanent and Total Rating– The Permanent and Total rating is when the VA recognizes that the Veterans service connected disabilities have no probability of improvement and that the Veteran will remain at the 100 percent rating permanently without the need for future examinations. The P & T rating will also provide additional benefits including the Chapter 35 education benefits for dependents.

Veterans will sometimes make the mistake of requesting P&T 100 percent ratings because they want education benefits for their dependents. Keep in mind that when requesting P&T, all of your service connected records will be re-evaluated and if improvement is found in subsequent evaluations, the 100 percent rating can be reduced.

For A Complete Guide To VA Disability Claims and to find out more about your potential VA disability case and how to obtain favorable VA Rating Decision!

Visit: VA-Claims.org

For Cases & Decisions that Could Save Your VA Service-Connected Claims!

Visit: VAClaims.org ~ A Non-Profit Non Governmental Agency