How Long Does It Take The Va To Process My Claim
The VA will let you know once they receive your claim. Then, theyll gather and review evidence from you and your health care providers and make a decision. Once theyve decided, theyll mail you a claim notification packet.
According to the VA, this process will take approximately 156 days for a new claim.
If you submit a supplemental claim, the VA should notify you of their decision within 125 days.
Get The Help You Need
Veterans are known for self-sufficiency, but there is no shame in asking for help. Veterans Law Group has spent more than two decades helping veterans get their benefits. We are able to work with you and experts in the medical and vocational fields to support your VA disability claims on appeal. f you want help with your VA disability claim appeal, complete the questionnaire on our website and submit it for evaluation. Our team will review your case and reach out to you shortly.
Review Your Military Records
Look at whats in your service record. This information can also assist in your claim. Look for documentation for reported injuries, medals or awards that show your working conditions , your MOS, rating or specialty and any additional duties or jobs you performed.
The bottom line is that you need evidence on paper. Without that, youre wasting your time with the VA.
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The Appeals Appeals Improvement And Modernization Act
In January 2017, Congress enacted the Veterans Appeals Improvement and Modernization Act into law, designed to help speed up the process of veterans appealing their disability claims with the VA. The new Appeals Modernization Act creates a new system, including a three-lane process for appeals, intending to resolve all appeals within a year.
What If I Have A New Medical Condition
If, after submitting your application, you realize that you forgot to list an illness or injury or you develop a new disability that is related to your service, you can amend your application. You do this by completing and submitting a Statement in Support of Claim, which can be found on the VA Forms Website.
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How To Increase Va Disability Path #3 File For New Secondary Disability Conditions For Secondary Service Connection
If you have a new secondary disability condition that you think was proximately due to or aggravated by another service connected disability rated at 0 percent or higher, you should open a new claim, add the new disability condition, and select the option for Secondary Service Connection.
For example, maybe you have Obstructive Sleep Apnea that was aggravated by obesity/weight gain due to side effects of SSRI medications taken to manage your symptoms of service connected PTSD.
You can file a claim for Sleep Apnea secondary to PTSD with obesity/weight gain as an intermediate step for service connection.
Pro Tip: A VA Nexus Letter is highly recommended to help you prove secondary service connection. > > Click HERE NOW < < to sign up for our premier education-based Coaching/Consulting program VA Claims Insider Elite, start free today, connect with a VA Claim Expert in minutes, and get high-quality Nexus Letters at reduced rates .
Verify If Any Other Forms Are Needed
In some cases, a disabled veteran may be required to turn in additional documentation to support a VA disability claim. For example, youll need to complete an additional form in order to claim a dependent or to apply for Aid and Attendance compensation.
Other cases that require additional forms include being a member of the National Guard or Reserves, or claiming individual unemployability, PTSD, PTSD as a result of a personal assault, Specially Adapted Housing, and Special Home Adaptation. Additional forms may be required if you claim an automobile allowance, auto adaptive-equipment grant, or if you wish to authorize the release of your medical records to the VA.
In any of these cases, you can check the VAs website to find out and download the specific forms you need to complete and submit.
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Eligibility Requirements For Va Disability Compensation
If you became sick, injured or began to experience mental health difficulties because of active duty, active duty for training or inactive duty training, you may be eligible for VA disability compensation.
Pre-existing conditions that became worse during your service may also qualify for compensation.
Some conditions, such as tinnitus and hearing loss, may have appeared years after you left the military but still qualify for VA benefits.
In any of the above cases, you must be able to link your condition to your service.
Heres A List Of The Evidence We Recommend For A New Va Disability Claim For Presumptive Conditions:
- Buddy Letter on the VA Form 21-4138 or the VA Form 21-10210 Lay & Witness Statement
- Nexus Letter with documentation of Severity of Symptoms
Pro Tip: In your Statement in Support of a Claim for Presumptive Service Connection, tell the VA Rater Where they can find your medical diagnosis of the presumptive disability by page number, Where to look on your DD 214 for the dates and location of your military deployments, and Your current Severity of Symptoms of the presumptive disability in terms of frequency, severity, and duration.
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List Of Atomic Veterans Presumptive Conditions
This applies to Atomic Veterans exposed to ionizing radiation and who experienced one of the following:
- Participated in atmospheric nuclear testing
- Occupied or were prisoners of war in Hiroshima or Nagasaki
- Served before Feb. 1, 1992, at a diffusion plant in Paducah, Kentucky, Portsmouth, Ohio or Oak Ridge, Tennessee
- Served before Jan. 1, 1974, at Amchitka Island, Alaska
For Atomic veterans, the VA considers the following conditions to be presumptive:
- All forms of leukemia, except chronic lymphocytic leukemia
- Cancer of the thyroid, breast, pharynx, esophagus, stomach, small intestine, pancreas, bile ducts, gall bladder, salivary gland, urinary tract, brain, bone, lung, colon or ovary
- Bronchioloalveolar carcinoma
- Lymphomas, other than Hodgkins disease
- Primary liver cancer, except if there are indications of cirrhosis or hepatitis B
How To File A Va Claim For Presumptive Disability Conditions Online
Simply login to your VA.gov account and click File a claim for compensation.
Next, click the radio button that says: Im filing a claim for a new condition or for a condition thats gotten worse.
Finally, click radio button for service connection that says: My disability was caused by an injury or exposure during my military service.
Before you submit your presumptive disability claim, make sure youve uploaded all supporting evidence necessary for the VA Rater to decide your claim.
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Whats An Intent To File
If you plan to file a claim for disability, pension, or DIC benefits and you notify us of your intent to file, it sets a potential start date for your benefits. When you do this, you may be able to get retroactive payments . This is because your start date for benefits will be earlier than the date you file your claim.
Should I Hire A Va Disability Lawyer
A VA disability lawyer is well-versed in veterans law and regulations surrounding VA disability claims. This type of attorney can guide a veteran through the appeals process to ensure that the veteran has supplied all necessary information to the VA. They also uphold the best interests of the veteran throughout the appeal.
A disability attorney may help you find more success with your claim appeal. According to the Board of Veterans Appeals 2020 data regarding VA disability appeals, attorneys were responsible for getting the most legacy appeals allowed by the Board at 40.9%.
Other organizations, like AMVETS, the American Legion, and Vietnam Veterans of America, had lower approval rates. Additionally, cases with the assistance of a VA disability lawyer were less likely to get denied by the Board than others, with a 14.8% denial rate.
Consider the following benefits of a disability lawyer for a VA disability appeal:
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How To Increase My Va Disability Rating Path #4 File A Supplemental Claim For Previously Denied Disability Conditions
If youve been previously denied VA benefits, one of your appeal options is to file a Supplemental Claim.
You can file a Supplemental Claim at any time however, we recommend you file within one year from the date on your VA Rating Decision Letter.
The main benefit of filing a Supplemental Claim is that you can upload new and relevant evidence not previously considered.
- New evidence is evidence not previously part of the actual record before agency adjudicators.
- Relevant evidence is information that tends to prove or disprove a matter at issue in a claim.
Examples of new and relevant evidence include new medical records, a new privately prepared DBQ, a new Nexus Letter, a new Statement in Support of a Claim, or a new Buddy Letter.
Filing A Va Claim When You Leave The Service
When youre leaving the service, start your VA disability claim in conjunction with your separation physical.
Its much easier to do it in parallel with your physical, and its the best time to document any service-connected disability. Even if you feel disgustingly healthy, file the claim now for anything you have a diagnosis for so that its on the record if a surprise pops up later.
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Commonly Awarded Disability Compensation Claims
According to a recent Veterans Administration report to Congress, the ten most commonly awarded medical conditions that are getting approved for benefits are as follows:
Of these, tinnitus was the runaway winner, with 157,152 newly-awarded claims, according to the 2018-2019 Veterans Benefits Administrations Report to Congress. The runner-up, Limitation of flexion in the knee, accounted for 99,467 new claims while hearing loss resulted in 76,102 new claims during the reporting period.
Gather Documentation Of Your Illnesses And Injuries
Youll need documentation of your injuries to support your claim. Documents you should submit with your application may include:
Medical clinic and hospital records related to your injury or illness. While your benefits application allows you to sign a medical records release, many private medical providers ignore VA requests for these records. Submitting medical records with your application eliminates this problem.
Supporting statements from friends, family, clergy, law enforcement, or other veterans regarding your injury or illness.
VA medical and hospital records related to your injury or illness.
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List Of Vietnam Veterans Presumptive Conditions
This applies to Vietnam Veterans who were:
- Exposed to Agent Orange
- Served in the Republic of Vietnam or on a vessel operating not more than 12 nautical miles seaward from the demarcation line of the waters of Vietnam and Cambodia between Jan. 9, 1962 and May 7, 1975
For Vietnam Veterans, the VA considers the following conditions to be presumptive:
- Soft-tissue sarcoma
- Chloracne or other similar acneform disease
- Porphyria cutanea tarda
Because of widespread exposure to Agent Orange, to include the waters around eligible locations known as Blue Water Veterans, the VA presumes that these conditions are service connected, and thus, you have an excellent chance winning these claims.
When You Start Your Disability Application Online It Notifies Us Automatically Of Your Intent To File
If you start filling out a claim form online for disability benefits, this will reserve a potential start date for your benefits. You dont need to call us or submit a separate intent to file form.
Note: This automatic intent to file only applies to online disability applications. It doesnt apply to online pension or DIC applications.
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Can I File A Va Claim Without A Diagnosis
While legally, you dont need a diagnosis, you must at least provide evidence of a disability. According to the VA guidance, this evidence can be from a medical professional or lay evidence .
We advise that you get a diagnosis from a medical professional and have medical evidence to support your claim. This is critical to winning your claim.
If you dont have a diagnosis from a doctor, you can still file a claim with the VA. However, it will be much more difficult to prove that you have a disability without a diagnosis. The chances of getting your claim approved without a diagnosis are much lower.
If you dont have a diagnosis yet, you can still notify the VA of your intent to file. This informal process lets the VA know you plan to file sometime in the next year. Typically this is also the day the VA uses to calculate when you start receiving compensation for back pay.
The VA will review your medical records and any other evidence you submit to decide on your claim. Getting a diagnosis from a doctor will strengthen your claim and increase the likelihood that your claim will be approved.
Filing A Claim For Va Disability Benefits Is The First Step Toward Receiving Va Disability Compensation
Filing a veteran disability claim for benefits can be confusing and frustrating. The rules concerning who qualifies for these benefits are complex, and the amount of evidence required for a successful application or appeal can be daunting.
In the past, VA did not allow attorneys to be involved until the appeal process had already been initiated. The Appeals Modernization Act has updated VAs rules concerning legal representation, and VA-accredited attorneys can now help in more ways than before. Although you must still file your initial claim without legal assistance, VetLaws experienced team is now able to assist you with both appeals of all VA decisions as well as in filing a Supplemental Claim, no matter how long it has been since you first applied for benefits. Contact us today for a free case review.
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Top 10 Easiest Claims For Va Disability This Year
I hope you enjoy reading this blog post.
If you want to learn how to implement these strategies to get the VA benefits you deserve, to speak with a VA claim expert for free.
This post is the ultimate guide to the Top10 Easiest Service Connected Claims for VA Disability, utilizing data from the Veteran Benefits Administration latest report to Congress regarding the VA disability compensation program.
VA disability compensation provides eligible veterans with a tax-free monetary benefit each month for service-connected disabilities that are the result of a disease or injury incurred or aggravated during their active duty military service.
Disability compensation may also be paid for VA disabilities that are secondary to disabilities occurring in service and for disabilities presumed to be related to circumstances of military service , even though they may arise after the veteran has left active duty military service.
2023 VA disability rates are determined by percentages for each service connected conditions according to a veterans combined VA disability rating, which is currently rated on a scale from 0% to 100%, with breaks in 10 percent increments at 10%, 20%, 30%, 40%, 50%, 60%, 70%, 80%, and 90%.
For example, a 10% VA disability rating is roughly $160 per month while a 100% VA rating is worth more than $3,500 per month.
You Served You Deserve!
What Evidence Will I Need To Provide To Support My Claim
You can help to support your VA disability claim by providing documents such as:
- VA medical records and hospital records that relate to your claimed illnesses or injuries or that show your rated disability has gotten worse
- Private medical records and hospital reports that relate to your claimed illnesses or injuries or that show your disability has gotten worse
- Supporting statements youd like to provide from family members, friends, clergy members, law enforcement personnel, or those you served with that can tell us more about your claimed condition and how and when it happened or how it got worse
Depending on the type of claim you file, you may gather supporting documents yourself, or you can ask for our help to gather evidence.
Well also review your discharge papers and service treatment records.
Please note: You dont have to submit any evidence to support your claim, but we may need to schedule a claim exam so we can learn more about your condition.
You should also know that you have up to a year from the date we receive your claim to turn in any evidence. If you start your application and need time to gather more supporting documents, you can save your application and come back later to finish it. Well recognize the date you started your application as your date of claim as long as you complete it within 365 days.
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Requirements For Filing A Claim
The VA offers applicants a variety of methods through which to file a claim, the most efficient of which is online through their eBenefits portal. Claimants also have the option to file a claim through the mail using VA Form 21-526EZ, or by visiting with someone at their local VA Regional Office. The application requires detailed and accurate information about the applicant, their time in the military, their medical conditions, and their dependents.
In order to show that you meet VAs definition of veteran status, a copy of your DD-214 is usually enough. A discharge other than Dishonorable is required, and sometimes a minimum service requirement must be met.
Next, you should include information regarding the disability or disabilities for which you are seeking entitlement to service connection. Providing copies of your medical records or informing VA where they can obtain them is key in filing a veteran disability claim. If you have been treated at a VA Medical Center or other VA medical facility, simply identifying the name and dates you were treated will allow VA to associate those records with your file.
Finally, applicants should be sure to include information about how their disability is related to their active duty military service. Although it is not necessary to obtain a medical nexus opinion for every condition, you should at least provide VA with some basic information as to why you feel there is a connection to service for each condition you claim.