Prepare For Filing A Disability Claim
Filing a “Fully Developed Claim” is the fastest way to get a decision from the VA, this simply means that you should submit all of your supporting documentation with your claim for benefits. This documentation includes:
- Medical evidence , this includes both military and civilian documentation
- You should also attach any copies of your DD214 or separation documents you may have –
- Dependency records
If you don’t have your records you can get them from the government, see our Military Records Overview page for details.
Remember, if you have any doubt as to whether or not you should submit a document ALWAYS SUBMIT IT! And most importantly, never send the VA original documents, copies will suffice.
In certain circumstances you can apply for benefits before being discharged from the military, please visit our Pre-Discharge Program for Disability Compensation page for details.
Only claim lingering conditions that are the result of acute disabilities or illnesses acquired during your service, claiming other conditions will slow down your decision.
How Much Can A Va Representative Charge For Claims Assistance
No individual or organization is legally allowed to charge fees for helping you file an initial claim for disability benefits, nor may they take any portion of your future VA monthly payments. However, there are some situations in which they may charge you for unusual expenses. In general, VA representatives can only charge fees after VA has issued a decision about your claim, such as during the appeals process.
And We Will Be There For Years To Come
Social Security has two trust funds Old-Age and Survivors Insurance and Disability Insurance . The OASI and DI Trust Funds have reached the brink of depletion of asset reserves in the past. However, in 1977 and 1983, Congress made substantial changes to the program that resulted in the $2.908 trillion asset reserves that existed as of December 31, 2020.
The Trustees of the Social Security trust funds currently project that the two trust funds combined will be able to pay all benefits in full and on time until 2034. Even if legislative changes are not made before 2034, well still be able to pay 78 percent of total benefits due in 2034. Social Security has always changed to meet the needs of the people we serve and will continue to help support you and your family. Whether you are about to retire, become a full time grandparent, or start a new chapter, Social Security can help you secure today and tomorrow. Social Security salutes all Veterans for their service and sacrifice.
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What Is A Veteran Services Officer
Many veterans opt to work with Veteran Service Officers with experience filing VA disability claims. VSOs are often veterans themselves, sympathetic to the plight of the applicant. Compassionate and experienced, a VSO can be a real ally in your quest for benefits.
Working with a VSO can also help ensure a claim is not lost in the shuffle. Because the claims process can be so lengthy, it can be challenging for veterans to remain as vigilant as necessary throughout the many months it takes to be processed. VSO, however, can provide regular updates and ensure that your claim is indeed being handled.
VSOs are specially trained and certified by the VA and always provide their services on VA disability claims free of charge.
Dont Expect Overnight Results
While many of our clients do see results in 3-4 months, several factors affect your rating decision timeline including: the type of claim being filed, your timeliness in providing all requested documentation, and staffing of government agencies. For example, if you dont have medical records, the National Archives can take up to a year to provide records. These, and other factors, may be beyond our control.
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Va Pay Increase Is Biggest In 30 Years
Veterans receiving VA disability compensation are set to see their monthly VA pay increase by 8.7% in 2023. To put that in dollars, for every $1,000 a veteran currently receives in benefits payments, they will see an additional $87 in 2023. The average veteran receiving disability compensation from the VA would see their monthly disability payments increase by around $136. Spouses and family members receiving survivor benefits will see the same increase in their monthly payments. Here at the Rep for Vets, we have long felt that VA payments are not keeping up with the increasing cost of living. Before
Who Can Provide Va Claim Assistance
If you need help filing a VA claim for disability benefits, you have the option to work with either an accredited attorney, an accredited claims agent, or a Veterans Service Officer .
VA requires that professionals assisting veterans with claims or appeals are trained and certified by VA. According to VA regulation, accredited representatives and VSOs must pass an exam, pass a background check, and take regular continuing-education courses.
When researching representatives to handle your VA disability claim, it is important to verify whether they are accredited by VA. VA-accredited representatives are individuals recognized by VA as legally authorized and capable of assisting claimants in pursuit of benefits before VA. Accreditation is crucial because it helps determine whether the representative meets or exceeds the minimum standards set forth by VA to represent you.
Claimants can use the VA Office of General Counsel database to find out if the representative who wants to help them is accredited. It is essential to only get VA claim filing help from a representative or VSO who is registered in VAs system.
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Filing For Va Disability
Before you go ahead and do anything else, you need to make sure that you are eligible to apply for VA disability compensation. Review the following criteria to determine your case:
You must meet both of these:
- Have a current condition illness or injury that affects your body or your mind and
- Have served on active duty, training active duty, or training inactive duty.
Plus, you must tick at least one of these:
- You can make an inservice disability claim: You became injured or sick because of/while serving or
- You can make a preservice disability claim: You had an injury or illness prior to the military but serving aggravated it or
- You can make a post-service disability claim: You have gotten a disability related to your active-duty service that became apparent after you have parted from the military.
Conditions that are covered by VA disability benefits include:
- Chronic back pain as a result of a current diagnosed back disability
- Breathing problems as a result of current lung disease or condition
- Serious hearing loss
However, do note that the illnesses must be at least 10% disabling.
Visit Title 38, Code of Federal Regulation, 3.309 to find the detailed list of valid illnesses.
If your discharge was something other than honorable , you might not be qualified for the VA disability application. Luckily, there is one potential solution: getting a discharge upgrade.
If your discharge was linked to any of the following, you have a good chance of being approved for an upgrade:
Who Can Help Me File A Claim For Va Disability
Are you suffering from a service-related condition and considering applying for disability benefits from the Department of Veterans Affairs ? While it is possible to file a claim independently, the VA disability claims process can be overwhelming and challenging to navigate. If you need help filing a disability claim, there are several options for claims assistance recommended by VA.
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Who May Qualify For Benefits
The veterans disability compensation program provides monthly benefits to veterans who suffer from a disability which can be linked to some event, injury, illness, or exposure which happened on active duty. The event from service may be a physical condition that clearly began in service, such as blindness or a fracture, a disease that developed many years following service, or mental health symptoms such as PTSD or severe anxiety.
In addition to showing that you suffer from a current disability which can be linked to some incident in service, VA requires that you show veteran status for the purposes of VA compensation. This means you may need to show that you meet some minimum service requirement, depending on the time frame that you were on active duty, and that you received a discharge from service that was other than Dishonorable.
New York State Division Of Veterans’ Services
- Were you injured during your active duty military service?
- Did your active duty service worsen a pre-existing disability?
If the answer to either of these questions is yes, then you may be eligible for tax-free monthly disability compensation payments from the United States Department of Veterans Affairs .
Disability compensation is available for any medical condition that was at least as likely as not caused or worsened by your military service. Common examples include:
- Did your military service expose you to loud noises without adequate hearing protection? Do you now suffer from hearing loss or tinnitus
- Did you have to march long distances while carrying heavy packs or other weighted items while in the military? Do you now suffer from chronic pain and/or loss of range of motion in your back, shoulders, hips, arms, legs, feet, hands, etc.?
- Were you exposed to stressful environments or situations during your military service, regardless of whether you served in a combat or non-combat theater? Do you now experience nightmares, flashbacks to your time in service, challenges functioning in crowded places, or frequent fears that you and/or your family are at risk of harm?
There is no time limit to file a claim for disability compensation. It does not matter how many years have passed since your date of discharge from the military.
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Filing A Va Claim For Disability Compensation
VA disability compensation benefits are a monthly, tax-free payment to Veterans who were injured, sustained a long-term illness or experienced a worsening medical condition during their military service.
In addition to compensating Veterans whose disabilities incurred while serving in the military, Veterans may also be granted compensation for specific post-service medical conditions that arose because of their military service. Known as presumptive disabilities, these conditions may not have arisen in service but may be granted as service-connected because its occurrence can been linked directly to military service.
VA recently added new medical conditions to a growing list of presumptive disabilities, which you can view here. These conditions can be presumed to have occurred because of an exposure to Agent Orange, ionizing radiation, and service in the Gulf War.
How to file a claim for disability compensation
The COVID-19 pandemic has not halted the claims process. Veterans can still file claims, and VA is still processing them. VA recommends filing a claim online, but it can still be done in person or through the mail. To get started, visit the VA disability compensation webpage and follow the steps listed below.
Step One: Prepare documents before starting your application
Gather any evidence, documentation and/or required forms that support your claim before beginning your application. This might include:
Step Two: File your claim
Department of Veterans Affairs
Were There When You Get Married
Whether youre celebrating your anniversary or starting a new chapter alone or with a new spouse, a part of that new life may include a new name. If you legally change your name due to marriage, divorce, or any other reason, let us know so you can get an updated Social Security card and so we can accurately keep track of your earnings. Theres no charge for a.
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How Do I Know Whether It’s Worth Filing A Claim
Lets assume you are going to represent yourself in this claim. Before you file, you’ll need to understand the basic requirements.
Mental Health Conditions And Most Common Va Disability Percentages
Not all scars are visible. Many veterans have significant service-connected mental health issues.
PTSD is perhaps the most well-known of them, but there are many others, including:
- Somatic symptom disorder
- Military sexual trauma
Disabling mental health conditions are generally regarded as high-value claims. This is because mental health issues are much more likely than neurological, skin, auditory, or most musculoskeletal conditions to receive a disability rating of 30% or higher. In fact, more than 90 percent of disabled veterans rated for a mental health condition are rated at 30% or higher.
4 out of 10 veterans with a disabling mental health condition receive a rating of 70% or higher.
This makes them much more lucrative to pursue than most other medical conditions: According to the 2018-2019 Veterans Benefits Administration Report to Congress, over 13% of disabled veterans with mental health conditions were assigned a 100% disability rating. Cardiovascular conditions, in contrast, only qualified disabled veterans for a disability rating of 100% just 13% of the time. Respiratory diagnosis only resulted in a 100% disability rating 1.9% of the time.
Additionally, mental health conditions qualified the veteran for a 30% disability rating 23.7% of the time, for a 50% disability rating 25.9 % of the time, and for a 70% disability rating 28% of the time.
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Filing A Veteran Disability Claim
Veterans disability compensation provides tax-free compensation to former United States military members who suffer from a disability which can be linked to their active duty service.
To receive these benefits, the first step is to file a claim with VA either online or through the mail. Before filing a veteran disability claim, it is necessary to understand the claims process and how VA will evaluate your case in order to give your application the best chance of approval.
Although attorneys do not typically assist veterans with their initial application for veterans, under the Appeals Modernization Act they may now be involved with Supplemental Claims as well as with appeals. In any case, we hope that this information is helpful to you in filing a claim with VA for disability compensation.
How Do I Prepare Before Starting My Application
- Find out if youre eligible for VA disability compensation
- Gather any evidence youll submit yourself when you file your VA disability claim.
- Be sure your claim is filled out completely and you have all the supporting documents ready to send in along with your claim. This will help us process your claim quickly.
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Federally Chartered Veterans Service Organizations
The next group of organizations to seek out are federally chartered VSOs. These organizations are not officially endorsed or recommended by the VA or the federal government. However, they have been federally chartered and/or recognized or approved by the VA Secretary for purposes of preparation, presentation, and prosecution of claims under laws administered by the Department of Veterans Affairs.
In short, these organizations have been vetted to ensure they know what they are doing and that they have the veterans best interests in mind.
Most federally chartered VSOs are non-profit organizations and do not charge for their services.
Scars And Va Disability Benefits
The VA assigns a disability rating for scars, from 10% up to 80%. While the scarring has to be quite significant in order to get rated for VA disability compensation, its usually a simple matter to get qualifying scars approved. Theres usually little doubt about a military service nexus. Injuries incurred on active duty that are significant enough to rate disability compensation are almost always documented in the military service record.
Additionally, scar tissue can occasionally result in reduced arm, leg, back, or neck mobility, resulting in a qualifying secondary condition under the musculoskeletal heading, above.
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Should I Submit An Intent To File Form
If you plan to file for disability compensation using a paper form, you may want to submit an intent to file form first. This can give you the time you need to gather your evidence while avoiding a later potential start date . When you notify us of your intent to file, you may be able to get retroactive payments .
Note: You dont need to notify us of your intent to file if you file for disability compensation online. This is because your effective date gets set automatically when you start filling out your disability compensation form onlinebefore you submit it.