Medical Evidence And Supporting Documentation Are Critical
To maximize your chances of winning your VA claims, medical evidence and supporting documentation should be an important part of your VA claim strategy.
If youre still on active duty, get your butt to the doctor, and have your injuries or conditions documented in your military medical records. Do this now and dont wait until youve left the military.
If you are out of the service, and already a veteran, work with your private doctor to diagnose your condition, and document the severity of your symptoms in either VA or private medical records.
Its important for you to write strong personal statements to support each disability youre claiming before the VA.
It can also be helpful to have a friend, relative, coworker, or veteran you served with write a VA Buddy Letter as a first-hand witness to the event or injury that caused your disability.
Item #: You Must Understand Your Diagnosis When Filing A Va Claim
The Caluza Triangle
1) A current disability ,
2) causing or worsening disease or injury in service ,
3) a nexus between the in-service injury or disease and the current disability ,
First, it is essential to understand there is no list of Easiest Things to Claim for VA Disability. There is no easy claim.
When applying for VA disability compensation benefits, you must understand the conditions for which you can file
How do you know what ailments for which you should apply? It all comes down to learning three things. Caluza v. Brown explains how to show a service connection for any service-connectable disorder. You must have three items to win any VA Claim:
1) A current disability ,
2) causing or aggravation of a disease or injury in service ,
3) a nexus between the in-service injury or disease and the current disability ,
These three items are called the Caluza Triangle. It is also known as the Hickson Elements. If you understand these elements, you will understand the requirements for service connection.
If you take all your diagnoses and create a VA disability claims list, you can go through the triangle list with each diagnosis. Then, you can identify the issue with your claim. Then, address the problems quickly and effectively.
Gather All Of The Forms You Need
At times, the 21-526 gets a bit personal, and there is a good chance you wont know all of the information they are asking ahead of time. So, get the following items first:
- Death Certificate if youre filing for DIC or Widows/Widowers Pension
- Income info if youre applying for Pension or Widows/Widowers Pension
- Addresses and phone numbers of places you treat at for your conditions.
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Calculating Multiple Va Disability Ratings
The VA uses a special method for calculating multiple disabilities.
Here is a simplified example:
Example: If you have a 30% disability rating, the VA would multiply that against 100%, which is assumed to be good health. This gives you 30%. Subtract that from 100% which leaves you with 70% . Then subtract 70% from 100% and you are left with 30%. If that is your only disability, then your final VA Service-Connected Disability Rating is 30%.
If you have multiple ratings, you continue with the process, using your final number each time as your starting point. Continuing with our example, if your next rating is 10%, you would multiply 10% against 70%, which is 7%. You subtract that from 70%, which leaves you with 63%. Subtract 63% from 100% and you get 37%. Your disability rating is 37%, which rounds up to 40%.
It can get complicated quickly, so I have an in-depth article and podcast that explain how the VA calculates combined disability ratings. I highly recommend reading and/or listening to get a good idea of how the process works!
Am I Eligible For Fast Track
You are eligible for Fast Track if your regional office is currently participating in Fast Track and:
- this is your first time submitting a claim for VA benefits, and either:
- you are only claiming one or two disabilities, or
- you are claiming more than two disabilities and you are able to collect and submit the documentation needed for your claim .
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What Are The Easiest Va Disability Claims To Win
Every veteran with a service-connected disability is entitled to VA disability benefits. However, certain claims tend to be approved at higher ratesespecially when you are working with an experienced veterans benefits attorney to ensure that your application is prepared correctly and that youve provided all of the necessary proof of your condition.
Three Criteria Required To Get Your Claims For Va Disability Service Connected
To be eligible for VA disability benefits by law, a veteran must prove three criteria under the law:
- #1. Medical Diagnosis of the disability condition in a medical record
- #2. Medical Nexus Evidence between the diagnosed disability condition and the veterans active-duty military service OR how the diagnosed disability condition is proximately due to or aggravated by another service-connected disability
- #3. Current Symptoms of the disability condition that negatively affect your work, life, or social functioning
If youve ever been denied service connection, its most likely because you failed to prove a Nexus exists on an at least as likely as not basis.
Pro Tip: Nexus simply means link or connection. After claim submission, the VA will likely schedule you for a Compensation and Pension exam from a VA contracted examiner to determine if there is a link or Nexus between your claimed disability condition and your military service. However, you can meet this requirement independently, and typically make a much stronger case for service connection, by having a private medical professional write a credible Nexus Letter in support of your claim.
Looking For Doctors Who Write High Quality Nexus Letters? Click HERE to Join Our #1 Rated VA Claims Insider Elite Program to Get VA Nexus Letters Fast at Reduced Rates, 61-67% OFF.
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Do I Have To Apply For A Total Rating
A 100% rating is awarded through the standard claim process. If you are awarded less than 100% but your conditions worsen to qualify you for a total rating or if you qualify for hospital or convalescent ratings, you can submit a new claim for an increased evaluation. You do have to apply separately for Individual Unemployability.
Easiest Va Disability Claim To Win: Tinnitus Or Ringingin The Ear Syndrome
According to the 2018-2019 disability claims data, Tinnitus was the most commonly claimed disability for all Veterans with 157,152 compensation recipients. 93.6% of Veterans were rated between 0% and 10%.
Tinnitus can only have one VA rating. It iseither 10% or nothing. There is no lower VA rating and there is no higher VA rating.Therefore, we call it a low-value claim, because it is always rated at 10%,and 10% only, with no exceptions.
People most at risk of Tinnitus are thosewho work in loud conditions including musicians, elderly and the militarypersonnel.
Tinnitus is not categorically a conditionbut a symptom of an underlying condition, such as age-related hearing loss, earinjury or a circulatory system disorder.
Tinnitus involves the sensation of hearingsound when no external sound is present. Tinnitus symptoms may include thesetypes of phantom noises in your ears such as ringing, buzzing, roaring,buzzing, clicking, hissing or humming. The most common type of this isSubjective Tinnitus which is the kind the veteran can only hear.
If youre thinking about filing your VATinnitus claim as a secondary disability, the following conditions can cause ormake Tinnitus worse: head and neck conditions, Menieres disease, depressionand anxiety, PTSD, TBI, hearing loss, Temporomandibular Joint Disorder and high blood pressure, among others.
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How Does The Fdc Program Expedite Claims
The Fast Track program is a special, expedited claim processing system for certain types of claims for disability compensation. It typically requires a veteran to do a lot more leg work to prepare a disability claim than is required by standard claims processing.
Submitting a “fully developed claim” for service-connected disability compensation makes a veteran eligible for retroactive benefits if it’s the veteran’s first disability claim and the veteran was disabled for a year before applying for disability benefits.
Item #: Am I Eligible For Va Compensation And Benefits
To apply for VA benefits, you must first meet specific eligibility criteria.
The eligibility criteria to apply for VA benefits are as follows:
First, you must have BOTH of the following:
- You have a current diagnosis that affects your body or mind socially and occupationally, and
- You served on active duty, inactive duty for training, or active duty training.
Additionally, ONE of the following is true:
- You acquired an injury or sickness while serving in the military. You have an event in service. The condition links to your disease or injury or
- Your injury existed before service, and serving aggravated the condition or
- A disability or diagnosis doesnt appear until you have ended service.
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What Are The Most Common Va Disability Claims
Todays veterans are receiving compensation for more than 21 million types of disabilities. The VA uses a special formula to assign a disability rating to veterans based on their injuries or illnesses. The rating is determined after the VA examines the evidence submitted in the servicemembers claim for benefits.
According to the most recent VA Annual Benefits Report, the top VA disability claims are:
Three Criteria Needed For Va Disability Claim Approval
A veteran must meet three conditions to be eligible for VA disability compensation under the law:
· In a medical record, a medical diagnosis of the disability condition is made.
· Medical Nexus Evidence of a direct link between the diagnosed disability condition and the veteran’s active-duty military service OR how the diagnosed disability condition is “proximally caused to” or “exacerbated by” another service-connected ailment
· Current impairment symptoms that are having a detrimental impact on your work, life, or social functioning
If you’ve ever been denied service because you couldn’t establish a “Nexus” existed on an “at least as likely as not” criterion, it’s probably because you didn’t prove it.
The term “nexus” simply refers to a “link” or “connection.” Following the filing of your claim, the VA will most certainly schedule you for a Compensation and Pension test with a VA-certified examiner to see if there is a relationship or “Nexus” between your claimed disability condition and your service in the military. By having a private medical practitioner create a credible Nexus Letter on behalf of your claim, you may complete this criterion independently and often make a far better case for service connection.
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The Top Ten New Claims For Disability
According to the VAs latest report to Congress, these are the top ten conditions that veterans are receiving when applying for the first time:
1. Tinnitus, with 157,152 new claims2. Limitation of flexion of the knee, with 99,467 new claims3. Hearing loss, with 76,102 new claims4. Lumbosacral or cervical strain, or back and neck strains5. Limitation of arm motion6. General scars7. Limitation of ankle motion8. PTSD9. Migraines10. Paralysis of the sciatic nerve
Before applying you should have an understanding of your condition and what youre asking for on your claim.
Receive Your Va Disability Check Faster
When you file your disability claim, be sure to give the VA the routing number to your bank so you can enroll in direct deposits. This is faster and more secure and a requirement as of March 1, 2013. I recommend using a high yield savings account so you can earn more money through interest.
Call or visit your regional VA medical center with specific questions related to VA benefits.
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After You File Your Claim
OK, you’ve filed your claim, now you sit and wait. It can take months, but usually the VA will send you a letter when:
If you submitted a claim online you can check the VETS.GOV website for the status. If you filed through a Veteran’s Service Organization you can check your claim’s status through them..
The VA may have to contact the DoD for records or if they need more medical information, they may ask you to provide it. The VA may also schedule an examination for you to assess the disabilities you claimed. If the VA requires you to undergo a medical exam to support your claim be sure to show up for the appointment, or risk having your claim delayed by several months. The VA may schedule you for multiple medical appointments depending on how many or what type of disabilities you claim.
Other than attend scheduled examinations, you dont need to do anything else unless VA sends you a letter saying it needs more information.
What Are The Easiest Things To Claim For Va Disability
Veterans with proven service-connected injuries or illnesses are entitled to monthly disability benefits from the VA. The amount you receive in disability compensation varies and is based on a disability rating given to you by the VA. This rating can range from zero to 100% and is dependent on factors like the severity of the injury or illness and the number of dependents you are responsible for, among other factors.
With a 100% disability rating, the illness or injury must be totally and completely disabling and leave you without any expectation of finding and maintaining gainful employment. However, even if the service-connected condition is less severe and would not qualify for a disability rating of 100%, you are still eligible for compensation, and you should still pursue disability benefits.
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Are Some Va Disability Claims More Likely To Succeed Than Others
Many veterans ask, What are the easiest things to claim for VA disability? Theres no answer to that question. Every VA claim is different. Two veterans could have the same medical condition and still be assigned a different rating by the VA. Or, to make matters more confusing, one of those veterans could receive benefits while the other one is denied. Why?
A number of factors contribute to a claims success or failure. Proof is absolutely key. Your claim should contain evidence that demonstrates your injuries and establishes a service connection. You must show the link between your condition and how its manifestation is a result of your military service. Both medical and lay evidence are important components to build a strong VA disability claim. Many times, claims are denied simply because the veteran does not have sufficient evidence to support their case.
Other reasons why veterans disability claims sometimes fail include:
- The VA does not find a service connection.
- The VA does not agree with a treating doctors assessment.
- Important deadlines are missed.
Easiest Things To Claim For Va Disability: Musculoskeletalconditions
Based on the latest 2018-2019 VA data,Musculoskeletal conditions were in the Top 5 most compensated claims for allVeterans, across all demographics. 92.2% of Veterans were rated between 0% and20%, once again making these low-value VA claims.
Musculoskeletal system conditions includeissues with joints and muscles and must involve limitation of range ofmotion and/or painful motion. Symptoms associated withmusculoskeletal system conditions include limitation of range of motion, painful motion, arthritis, weakness, easily fatigued, loss of power,lack of coordination and decreased movement control.
Musculoskeletal disabilities can also befiled as secondary VA disability claims, and can be caused or made worse any ofthe following conditions: medication side effects, depression and anxiety,PTSD, TBI, Temporomandibular Joint Disorder , right side of body injuriesaffect left side of body and spine, neck, back, hips, arms,legs, and feet, among others.
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The Most Common Va Claims Disabilities
According to the 2018 Annual Benefits Report published by the VA, there are approximately 5.2 million disabled Veterans in the United States. The most common disabilities found among the Veteran population include:
A Change In Your Family Status Can Change Your Va Disability Payment
Remember to contact the VA whenever you have a change in family status as your rates may change as well.
If you have a 30% disability rating or higher and you are also supporting qualified dependents such as a spouse, child, or parent, you may be eligible to receive a higher VA disability payment.
If your disability rating is 20% or lower, changes in your family status should not affect your VA disability payment rates.
The VA will not know when there is a change in your family status, so you will need to inform them immediately when something changes, like a birth, wedding, a parent moving in with you, divorce, a child coming of age, or the death of a qualified dependent.
Inform the VA of a change as soon as possible.
The VA will sometimes backdate payments to make up for any shortfalls, like if you had to wait for your child to receive a social security number to report a new dependent.
In the case of the loss of an eligible dependent, your payment may decrease. The VA can recoup overpayments if you failed to notify the VA of a change in family status in a timely manner.
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