Effective Dates On Va Claims Are Wrong Often
For help with your disability claims go to vaclaimsguide.comAre you leaving your disability compensation on the table? Lets talk about earlier effective dates and when VA gets it wrong! Call 800-257-4400 to talk to our Disability Coordinators for a Free Case Evaluation.
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SpeakersVA-Accredited Attorney Rachel Cheek
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Why Does It Take So Long To Settle A Va Disability Claim
Two of the most frequently asked questions we get are How can I get my claims processed faster? and Why is the VA taking so long to make a decision?
Its important to understand that the VA processes new and appealed claims on different time frames. If you are submitting new claims, you can usually expect a decision in three to six months. You can improve the likelihood of receiving a favorable decision by including all necessary information in your claim, like evidence of an in-service event or injury, evidence of a current disability, and a nexus, or link, that ties the two together. Once you receive a rating decision on a claim, you have a year to appeal any part of the decision that is unfavorable.
Once youve appealed that initial decision, however, the wait time for receiving a response varies depending on your regional office. Regional offices that serve fewer veterans will be less burdened, and you may receive a response in a few months or a year. Regional offices that serve many veterans have more appeals in the pipeline and will take longer to respond. For some regional offices, a delay lasting longer than a year is not uncommon. Keep in mind that when the VA gives an average time frame, that average includes both simple and complex cases. Theres no way to accurately predict how long you will have to wait for a rating decision.
Bilateral Pes Planus Va Ratings
For help with your disability claims go to vaclaimsguide.comTune in as we break down a bilateral pes planus VA rating ! Veterans with pes planus, or flat feet, can qualify for VA disability benefits if their condition is service-connected. Bilateral VA ratings have the potential to increase your overall combined rating, and flat feet ratings can qualify for bilateral factor ratings.
VA Disability for Flat Feet: https://cck-law.com/blog/va-disability-for-pes-planus-flat-feet/
Bilateral Factor: https://cck-law.com/blog/faq-friday-bilateral-factor/
Learn more about CCK: https://cck-law.com/why-hire-cck-for-your-va-disability-appeal/
Feel free to ask questions, give us feedback, or request new veterans law topics below! And dont forget to SUBSCRIBE so you wont miss future videos. Visit our website at cck-law.com.
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What Qualifies As Advanced Age
You can also request an expedited disability determination on the basis of advanced age. Advanced age for purposes of seeking expedited handling of your disability claim is generally 85 years of age or older, but for matters at the Board of Veterans Appeals, the qualifying age is 75 years of age or older. How to get an expedited disability determination
In order to apply to have your claim expedited, veterans who meet the criteria for one of the above categories will need to submit a Priority Processing Request via VA Form 20-10207. The five-page form contains instructions for applying to have your claim expedited.
To make a request based on financial hardship, the veteran will need to fill out VA form 10-10hs. This simple form asks for the reason for the financial hardship . Attached supporting documentation If you are in the process of a claims appeal and have an attorney, talk with them about this process.
Requests that are based upon illness will require military records of discharge, or medical records establishing the military operation-related injury/illness or terminal illness from other causes. To request that the VA obtain your private medical records, youll need to complete and submit VA Form 21-4142 or 21-4142a.
Requests based on your status as a former POW, Medal of Honor, or Purple Heart recipients should include DD Form 214, or other records verifying this status.
Factors That Can Affect The Time It Takes To Begin Receiving Va Disability Benefits
The VA estimates that it takes them 94 days to review a VA disability application. However, many cases take much longer than that. Here are some factors that can shorten or extend the time it takes to reach a decision:
- Type of claim filed. There are many different types of claims filed for disability benefits, and some take longer than others to process. For example, if you file your claim under the fully developed claim program, you may receive a quicker decision. However, if you must appeal a denial of benefits or are reopening your claim, it could take longer to obtain the evidence you need and for the VA to review it.
- Number of disabilities claimed. The number of disabilities or injuries you are claiming benefits for, and their complexity, can affect how long the application process will take. If you have numerous, complex injuries, it will take the VA longer to make a decision.
- Evidence needed. If you do not include all the evidence necessary to support your application or the VA requests additional documents, this could slow down the VA review process.
- Field office location. The time period can also be affected by the field office where you file your claim. If you live near one that serves more Veterans, it could take longer for the VA to reach a decision than if you lived near an office that serves fewer Veterans.
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What You Can Do To Make Your Application Review Process Go Faster
If you want your application to be decided as quickly as possible, you should retain an experienced VA disability lawyer in Roswell to help you collect the evidence you need to support your disability claim and to file your application, so it is done properly. He can also follow up with the VA to be certain that they are reviewing the claim and can provide them with any additional information they need to approve your claim. To learn how we can help, call our office to schedule a free consultation today.
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Va To Expedite Claims Decisions For Veterans Who Have Waited A Year Or More
WASHINGTON The Department of Veterans Affairs announced today it is implementing an initiative to expedite compensation claims decisions for Veterans who have waited one year or longer. Effective today, VA claims raters will make provisional decisions on the oldest claims in inventory, which will allow Veterans to begin collecting compensation benefits more quickly, if eligible. Veterans will be able to submit additional evidence for consideration a full year after the provisional rating, before VA issues a final decision.
Too many Veterans wait too long for a decision, and this has never been acceptable, said VA Secretary Eric Shinseki. That is why we are implementing an aggressive plan to eliminate the backlog in 2015. This initiative is the right thing to do now for Veterans who have waited the longest.
Provisional decisions will be based on all evidence provided to date by the Veteran or obtained on their behalf by VA. If a VA medical examination is needed to decide the claim, it will be ordered and expedited.
Issuing provisional decisions not only provides Veterans with applicable benefits much more quickly, but also gives them an additional one-year safety net to submit further evidence should it become available. Our door will remain open and if a Veteran has additional evidence, their case will be fast tracked, said Allison Hickey, Undersecretary for Benefits.
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How Do I Get My Expedited Va Claim
In order to apply to have your claims expedited under this category, veterans should submit a copy of military personnel records relating to their discharge, such as a determination from the Department of Defense. Veterans will also need to submit medical evidence indicating a severe injury or illness.
Option #: File A Supplemental Claim
If you want to submit additional evidence, but do not want to present your case to a veterans law judge at the BVA, this is the option to choose. If you file a Supplemental Claim within one year of the date of your VA denial, you generally still maintain the earliest possible effective date based on your old claim. Its important to note that you should submit any evidence at the same time you file the Supplemental Claim.
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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.
Va Disability Ratings For Wrist Conditions
For help with your disability claims go to vaclaimsguide.comTune in as we discuss VA disability ratings for wrist conditions! Veterans commonly experience wrist injuries and pain as a direct result of their military service. We will review some of the most common wrist conditions among veterans, such as wrist pain, wrist tendonitis, carpal tunnel, De Quervains tenosynovitis, and ankylosis, plus explain how they are rated.
READ the blog post here: https://cck-law.com/blog/va-disability-ratings-for-wrist-conditions/
VA Disability for Carpal Tunnel: https://cck-law.com/blog/va-disability-benefits-for-carpal-tunnel/
Learn more about CCK Law: https://cck-law.com/why-hire-cck-for-your-va-disability-appeal/
0:00 Introduction0:55 VA Disability Rating for Wrist Pain2:45 Wrist Tendonitis VA Rating4:14 Carpal Tunnel VA Disability Rating8:10 De Quervains Tenosynovitis10:42 Ankylosis of the Wrist VA Ratings13:16 C& P Exams for Wrist Conditions Like Carpal Tunnel16:41 VA Individual Unemployability for Wrist Conditions
Feel free to ask questions, give us feedback, or request new veterans law topics below! And dont forget to SUBSCRIBE so you wont miss future videos. Visit our website at cck-law.com.
For help with your disability claims go to vaclaimsguide.com
In this video, disabled veterans will learn how to Increase VA Disability Rating this year .
This advice from VA disability benefits expert Brian Reese will help you get a VA Rating Increase in less time.
***Video Timestamps***
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How You Can Expedite Your Va Disability Case
If you became sick or injured due to active duty military service, you may be eligible for veterans benefits through the United States Department of Veterans Affairs. Unfortunately, the VA benefits process can be very difficult and frustrating for disabled veterans. And this frustration is often exacerbated in times of distress and hardship. Most VA disability claims take years to obtain a final resolution and achieve the proper rating and effective date for service-connection.
Despite the VA backlog, there are certain circumstances under which a claim may be expedited. The following are the main ways to expedite a VA disability claim. However, it is important to make sure all relevant evidence has been filed prior to expediting a VA claim in order to achieve the best possible outcome and avoid a quick denial.
How To Expedite Your Va Disability Claim Due To Hardship
Are you experiencing financial hardship while you are waiting for a decision on your VA disability claim appeal? Are there other reasons, such as illness or advanced age, that make the usual timeframe for disability claim processing too long to wait?
There are some ways for you to speed up the process in getting to a decision and receiving benefit payments. This article will walk through those steps.
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What Types Of Disability Claims Can I Submit Using Fast Track
You can use Fast Track to submit veterans disability compensation claims for:
- direct service connection, for:
- disability caused by service, or
- pre-existing illness or injury aggravated by service
How Does The Va View Claims And Why Is It Important That Veterans Think That Way Too
As we discussed in a prior blog post, the VA has quite the backlog, and as a result, wait times depend largely on what Regional Office is processing the claim and the type of appeal. Many veterans rightfully feel abandoned when they look at their claim from the perspective of the date of filing. However, that is not necessarily how the VA views the appeals process. The VAs calendar looks at claims from when it made its last decision on a claim or when it received a notice of appeal. When veterans view claims from this point of view they focus on where their claim is in the process and what they can do to get the claim/appeal moving.
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How Does The Va Expedite The Disability Process
VA disability claims are expedited on a case-by-case basis. If the VA does approve your application to expedite your VA disability claim, the process is still slow. Veterans are under the impression that getting their claim expedited means youll get a decision quickly during the appeal phase you wont.
Consult With A Va Disability Attorney Today
Gerling Law exists to help clients get the help they need during a trying time. We believe in putting our clients first and always having their best interests at heart. Gerling Laws attorneys are all experienced and well-versed in the law, making them your best ally.
We aim to help our clients in any way we can, getting them on the right path to recovery. Our firm offers free consultations. Contact us today, and lets see how we can help you.
Go with Experience. Go with Gerling. ®
Recommended Reading: 888-303-7818
The Dos And Donts Of Va C& p Exams
For help with your disability claims go to vaclaimsguide.comJoin CCK LIVE as we discuss major Dos and Donts related to VA C& P Exams! Compensation and Pension exams are hugely important in the VA disability claims process, and often required for Veterans to get a VA claim decision. Join us for some crucial C& P exam tips from VA disability lawyers, and what to expect before, during, and after your C& P exam.
Read About Tips for VA C& P Exams: https://cck-law.com/blog/the-dos-and-donts-of-cp-examinations/
Learn More About CCK: https://cck-law.com/why-hire-cck-for-your-va-disability-appeal/
0:00 Introduction0:55 What is a VA C& P Exam?3:40 DO Attend your C& P Exams6:08 DO Understand What Your C& P Exam is About: Service Connection, Increased Rating?10:02 DO Be Honest About Your Disabilities, Dont Downplay Consistency15:25 DONT Exaggerate Your Symptom Severity17:00 DO Request a Copy of Your C& P Exam report19:15 DO Be Aware of Your Options: Challenge C& P Exam, Hearings, Lay Statements, Private Medical Opinions
Feel free to ask questions, give us feedback, or request new veterans law topics below! And dont forget to SUBSCRIBE so you wont miss future videos. Visit our website at cck-law.com.
Diagnosed With Amyotrophic Lateral Sclerosis
Veterans who have been diagnosed with ALS can request their claim to be expedited by VA. To do so, Veterans will need to submit a diagnosis or evidence showing an ALS diagnosis if one is not already on file with VA.
Additionally, Veterans can submit a completed VA Form 21-4142 and 21-4142 to request that VA obtain any private treatment records pertaining to their ALS. Private treatment records refer to any treatment outside a VA Medical Center.
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How Do I Request Hardship Or Medical Problems
Hardship or Medical Problems is defined as an illness or handicap which would present a physical challenge for an individual to retrieve mail. To request door delivery, you need to write a letter requesting this change and attach a statement from a Doctor. The doctors statement should indicate you are unable
Can Federal Courts Help
In some limited circumstances when the delay in processing the appeal is egregious, the veteran may petition the Court of Appeals for Veterans Claims for a Writ of Mandamus. In this instance, the petition is filed with the CAVC and the VAs attorneys at the Office of General Counsel must respond to the petition. If the veteran is successful, the CAVC will order the VA to take action on the claim.
Regardless of which avenue a veteran takes to try to get a claim expedited, an expeditious decision is not always a correct decision and some veterans with expedited claims find that the appeal must continue past the expedited decision on their claims. However, perseverance often pays off in the long-run.
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Wait Times For The New System
Since this system is so new, there is not enough data to determine the average wait times. However, the VA has proposed several timeframe goals for decision processing under the new system. Under the new system there are various lanes of review a veteran can choose from when he or she disagrees with the VAs initial decision.
For both the higher-level review and supplemental claim lanes, the VA has set forth a 125-day goal for issuing decisions. In the Notice of Disagreement lane, there are an additional three dockets veterans must choose from: the direct docket, evidence docket, and hearing docket. The VA has set forth a 365-day goal for issuing decisions in the direct docket, but it estimates the evidence and hearing dockets will be subject to longer wait times.
For example, the hearing docket may have an average wait time of 5-7 years.
The VA intends to provide regular wait time updates so that veterans can remain informed and up to date on the status of their claims and appeals. Overall, the VA expects the appeals process timeline to drop from 5 years to 3 years in the new system, and eventually hopes to process claims and appeals within 12-18-months.
For more information about the new system, click here.