Tips For Filing A Disability Claim
Filing a claim for compensation can be a very tedious task indeed. Even if you do complete the online version of the claim at VA’s VETS.GOV website you may find that it takes at least 30 minutes just to fill in all the blanks, gathering the required supporting documentation and submitting it to the VA can take much longer and be an exercise in frustration.
Here are a few pointers on how to make the process easier, and how to make sure you get everything right the first time, so you won’t have to do it all over again.
What Does It Mean To Have A Presumptive Condition For Toxic Exposure
To get a VA disability rating, your disability must connect to your military service. For many health conditions, you need to prove that your service caused your condition.
But for some conditions, we automatically assume that your service caused your condition. We call these presumptive conditions.
We consider a condition presumptive when it’s established by law or regulation.
If you have a presumptive condition, you dont need to prove that your service caused the condition. You only need to meet the service requirements for the presumption.
Waiting For Your Claim To Be Reviewed
After filing your claim, all you have to do is wait. Although it may take a few months, you will usually receive a letter from the VA acknowledging the receipt of your claim.
There are also instances when they will reach out to you to inform you that they are working on your claim or need more information. Moreover, expect to get a status update every month while the VA is working on your claim. They will also notify you once they have made a decision.
Depending on how your claim was filed, you can check its status through the veterans service organization. If you submitted a claim online, you can check the status on the VA website.
The VA may contact the Department of Defense or ask you for more medical information depending on your situation. Additionally, VA may arrange for you to undergo an examination to determine your claim of disability. If you claim multiple disabilities, the VA may schedule you for a number of medical appointments. It is important that you show up for your VA appointment if you are required to undergo a medical examination to support your claim.
VA will not ask for additional information unless it sends you an official letter stating so. Other than attending scheduled examinations, you need not do anything else.
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How Do I Increase My Va Rating
To qualify for a higher VA rating, you must get one or more individual condition ratings increased, which will then increase your total combined rating.
If your conditions have worsened since you last applied and now qualify for a higher rating, you can submit a new claim on VA.gov by checking the box for an increased evaluation.
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Agent Orange Exposure Claims
Special rules apply to claims for service-connected Agent Orange-related diseases listed as presumptive service-connected conditions.
From time to time, the VA adds a new condition to the list of presumptive service-connected conditions. If, between September 25, 1985 and May 3, 1989, the VA denies a claim for a condition which was not then listed as a presumptive service-connected condition, but then later grants a claim for the same condition as a newly listed presumptive service-connected condition, the effective date will be the date of the claim previously denied.)
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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.
You Will Be Scheduled For An Appeal Hearing
The VBPCC will schedule your C& P hearing at least 60 days after the time limit for filing an appeal passs expiration date, i.e., 120 days from the date of award of disability compensation.
You may request an extension to appeal your claim by submitting a written request to the VBPCC. If you are approved for benefits, you are notified with details about how to apply for an increase in benefits.
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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.
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Applying Online Though Ebenefits
You can apply online through eBenefits. You can also upload all supporting evidence you may have and make your claim a Fully Developed Claim.
If you need time to obtain supporting evidence, you can begin the application process within eBenefits, obtain your evidence and then complete your application and VA will recognize the date you started the application as your date of claim as long as you complete it within one year. By submitting all of your supporting evidence with your claim, you save processing time and obtain a quicker decision.
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Waiting Times Back Pay And State Supplements
For applications that do not qualify for expedited approval, the length for approval is about three to four months on average, although some can take as long as two years. Part of the reason for the varying lengths has to do with how accurate and complete a persons medical records are, the amount of backlogged cases, and the ability to coordinate with medical examiners internally at Social Security.
The saving grace in all of this is that if and when you are approved, you will likely receive back payments dating back to the month you first applied. Back pay is usually paid in a single lump sum. Overall, backpay extends to 12 months before you were approved. Typically you will receive backpay within 60 days after your SSI benefits are approved.
Another possible source of added benefits is from individual states, many of which provide supplemental SSI benefits on top of what Social Security pays. How much extra you may be entitled to depends on your marital status, living situation, age, and other related factors. Typically, state supplements will range from $10 to $200.
For both state and federal benefits, payment is made once a month through either direct deposit or an electronic debit card. More details on these options is available at GoDirect.gov.
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What Are The Most Common Va Ratings By Condition
Heres a list of the Top 10 Common VA Disability Claims, along with their average VA ratings:
- #1 Tinnitus rated at 10% or $165.92 per month
- #2 Limitation of Flexion, Knee rated at 10% or $165.92 per month
- #3 Hearing Loss rated at 0% or $0 per month
- #6 Paralysis of the Sciatic Nerve rated at 10% or $165.92 per month
- #7 Scars, General rated at 0% or $0 per month
- #9 Limitation of Motion of the Arm rated at 10% or $165.92 per month.
- #10 Migraines rated at 30% or $508.06 per month
What Happens If Va Denies My Disability Claim
If VA denies your disability claim, you can have the decision reviewed. When filing for a decision review, you have three options. An attorney can help you decide which option is best for you based on the circumstances of your case. The three options include a supplemental claim, higher-level review, or a Board Appeal.
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How To File For A Va Disability Increase Online
Simply login to your VA.gov account and click File for a VA Disability Increase.
Next, click the radio button that says: Im filing a claim for a new condition or for a condition thats gotten worse.
Before you submit your disability increase claim, make sure youve uploaded all supporting evidence necessary for the VA Rater to decide your claim.
Gulf War Era And Post
Weve added more than 20 burn pit and other toxic exposure presumptive conditions based on the PACT Act. This change expands benefits for Gulf War era and post-9/11 Veterans.
These cancers are now presumptive:
- The United Arab Emirates
- The airspace above any of these locations
Were extending and expanding VA health care eligibility based on the PACT Act. We encourage you to apply, no matter your separation date. Your eligibility depends on your service history and other factors.
If you meet the requirements listed here, you can get free VA health care for any condition related to your service for up to 10 years from the date of your most recent discharge or separation. You can also enroll at any time during this period and get any care you need, but you may owe a copay for some care.
At least one of these must be true of your active-duty service:
- You served in a theater of combat operations during a period of war after the Persian Gulf War, or
- You served in combat against a hostile force during a period of hostilities after November 11, 1998
And this must be true for you:
- You were discharged or released on or after October 1, 2013
We encourage you to enroll now so we can provide any care you may need now or in the future. Enrollment is free.
If you meet the requirements listed here, you can receive care and enroll during a special enrollment period between , and .
At least one of these must be true of your active-duty service:
And both of these must be true for you:
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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.
How Do I File A Claim Online For Va Disability Benefits
To apply for VA disability benefits, or a VA disability increase, simply start a new VA claim and submit it online for free at VA.gov along with medical records for each condition youre claiming.
The new VA website is like Turbo-Tax for VA disability claims: Each screen will provide you with step-by-step instructions and on-screen tips to help you prepare and file your claim online.
If you choose to go this route , select the Fully Developed Claim option, and make sure you have the proper evidence for your FDC ready to upload:
- VA Statements in Support of a Claim for each condition youre claiming
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The Pact Act And Your Va Benefits
The PACT Act is a new law that expands VA health care and benefits for Veterans exposed to burn pits and other toxic substances. This law helps us provide generations of Veterans and their survivors with the care and benefits theyve earned and deserve.
This page will help answer your questions about what the PACT Act means for you or your loved ones. You can also call us at . And you can file a claim for PACT Act-related disability compensation or apply for VA health care now.
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
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Most Common Va Disability Claims In 2023
According to the most recent Veterans Administration report to Congress, the 10 most common VA disability claims to get approved are listed in order as follows, along with the total number of veterans receiving disability compensation for each condition:
- Limitation of Motion of the Arm 661,045
Of these, Tinnitus is by far the easiest VA disability claim to get approved, with a total of 2,327,387 veterans service connected for the condition.
In second place is Hearing Loss with 1,343,013 veterans service connected, followed by Limitation of Flexion of the Knee with 1,313,306.
Okay, now just because these VA claims are the most common according to VA data, that doesnt mean they are the easiest claims to get service connected.
Alright, lets jump into VA Claims Insiders list of the 10 easiest things to claim for VA disability in 2023.