Articles Tagged with veterans disability benefits

When a veteran files for disability benefits from the VA, it can take some time to complete. The VA processes a tremendous volume of cases, and there are many steps to the process, so you should start as soon as possible. By filing an “intent to file” (VA Form 21-0966 or call them directly) you initiate the process with very little effort on your part, and you have a full year to actually file your claim. 

Submitting an intent to file is valuable because, in most situations, it sets the effective date for retroactive pay. It is a misconception that the VA will give a veteran back pay to the date of the injury or disability for which the veteran is filing. The calculation of the retroactive benefits date is determined by several factors, as follows:

  • In most cases, your retroactive pay date will be the date you filed for VA disability compensation or the date you submitted your intent to file.

The good news is that not every veteran who files for disability benefits needs to have a Compensation and Pension (C&P) exam. When you initially submit your claim, you will need to include a current diagnosis from a competent medical expert, evidence of a service connection, and a “nexus statement” tying your disability to your service – usually a part of your medical expert’s report. Evidence may also include hospital records, test results, and buddy statements. 

If the evidence is sufficient and strongly supports a service-related connection, you could receive a rating without a C&P exam. The exams cost the VA money. Therefore, efforts of cost containment are often a consideration for not requesting superfluous exams. However, if your claim is complex, or if there are questions in the mind of the claim reviewer based on your documentation, you may be required to get a C&P exam.

The VA will send your file to a VA doctor (or a local doctor with whom the VA partners) assigned to examine you, and you will receive a letter from the doctor regarding your C&P exam. Be sure to contact them and arrange a convenient time for the exam. If the VA requires a C&P exam and you don’t get one, your case will be denied. If you miss your exam, call the VA right away to inform them that you still intend to comply, then reschedule with the examiner as soon as possible.

Acid reflux, more formally known as gastroesophageal reflux disease (GERD), is a common condition in which the muscle at the top of the stomach does not operate properly, allowing stomach acids and partially-digested food to enter the esophagus. 

The stomach has a thick lining designed to withstand the acids used to break down foods, but the esophagus, which is the tube that takes your food from your mouth to your stomach, has no such lining. If you have acid reflux, you are probably experiencing some or all of the following symptoms:

  • Burning in the chest or throat (heartburn)

In order to receive disability compensation from the VA, you will need to demonstrate that you were honorably discharged from the U.S. military and that you have a condition that is connected to your military service: a direct connection, an aggravated connection, a secondary connection, or a presumptive connection. 

In order to prove you have a disability, you will need medical records supporting your claim. There are other records that you may need, but actual medical evidence is critical. Medical documentation can demonstrate your actual medical condition and paint a picture of the symptoms and the severity of your disability. 

Collecting your Medical Records

The 100% disability rating is the highest level of disability the VA offers, providing monthly payments along with full medical care for service-related conditions. Other benefits and compensation are also available. This rating can be reached in a number of ways. 

Severe conditions

If you have an extremely severe service-connected condition that makes you unable to work and, in some cases, unable to provide yourself with personal care without help, this condition may be rated as 100% disabled. 

Applying for disability through the Veterans Administration can be a daunting task. In fact, many veterans make common mistakes that delay their claims or create incorrect denials or low disability ratings. You can avoid this delay by avoiding these common mistakes. 

Waiting to file: Please don’t wait until you have collected enough evidence or your symptoms worsen to get a higher disability rating. The sooner you file, the sooner your effective date will begin. This effective date will set your date for retroactive benefits when you finally are awarded a claim. You can submit supplemental evidence as it becomes available, and you can always apply for an increased rating as your symptoms worsen, so start the process now. In addition, your filing triggers the VA’s “duty to assist.” They are required to offer assistance in obtaining your medical records from VA hospitals and your duty records. However, we do not recommend you wait for them, since they have hundreds of claims to process and you only have your own. So try to find the information yourself, but know that the VA is a good backup. 

Completing forms incorrectly: The VA allows you to file online, via mail or fax, or at your VA Regional Office, with the help of the staff there. The forms can seem long and confusing. Take some time to research how to complete them accurately to avoid delays. If you do make a mistake and are contacted by the VA, complete the corrections as quickly as possible to maintain your effective date. 

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