The VA relies on medical evidence, service records, witness statements, and other forms of documentation to decide veterans disability claims and appeals.
Summary
- To qualify for VA disability benefits, a veteran must be honorably discharged, and their disability must be service-related, current, and connected to an in-service incident.
- The VA assigns a disability rating based on the severity of the veteran’s symptoms, as indicated by medical records and other evidence; this determines their monthly compensation rate.
- The VA often denies initial claims due to basic errors, incomplete forms, or inadequate evidence. Veterans can appeal decisions through supplemental claims, higher-level reviews, or Board of Veterans’ Appeals hearings.
- Following denials, the appeal paths vets choose determine how veterans disability claims are decided and by whom.
Injured servicemen and women need to go through the Department of Veterans’ Affairs (VA) for the financial benefits they need to recover from the injuries they suffered in service. In many cases, the VA denies qualifying petitions for benefits because of technicalities in the filing or because of an error.
You need a qualified, experienced attorney who understands VA benefits to help you through the complicated steps of filing an appeal. At VetLaw, we help injured veterans obtain the financial support they need. You can schedule a free consultation with us by calling (855) 573-1503 or submitting a contact form.
What Does the VA Look at to Decide Whether to Grant Benefits?
The first consideration for the VA when assessing a petition for benefits is the status of the petitioning service person. The VA does not even entertain petitions for benefits from anyone with a dishonorable discharge.
Assuming you are in good standing with the armed forces – i.e. honorably discharged – the VA will look at the following factors when considering your eligibility for disability benefits:
- In-service incident: The incident, injury, or disease you suffered must have occurred while in active service.
- Current disability: The disability must be current at the time you are petitioning for benefits.
- Nexus: There has to be a nexus, a connection between the incident and the disability.
If the VA can verify that your disability is service-related and you meet the other qualifications for VA disability benefits, there is still the matter of determining your VA disability rating.
Using your medical records, C&P exam results, and other evidence like buddy letters, the VA will assess the severity of your condition and issue a VA disability rating in the form of a percentage.
That percentage will correspond to a monthly compensation rate. Veterans who qualify for VA disability benefits can collect monthly payments at this level, unless and until the VA reassesses their rating or eligibility for benefits.
The Aftermath of a VA Decision
Unfortunately, it is common practice for the VA to deny initial veterans disability claims, for a variety of reasons. In some cases, the veteran fills out a form incorrectly, misses their Compensation & Pension exam, or otherwise harms their own claim. However, the VA is also capable of errors.
For example, you may believe that the VA:
- Failed to recognize the medical nexus between your disability and your service because it overlooked evidence
- Rated your mental or physical condition lower than what your symptoms warrant based on outdated medical records
- Reduced your VA disability rating unfairly because the adjudicator misjudged your case
Although it is frustrating, you still have an opportunity to change the outcome of your VA disability claim. Veterans have the right to appeal VA decisions, even if the VA technically approved their claim for benefits. Note that you have a limited amount of time to pursue a veterans disability appeal after a VA decision.
What You Can Do If You Disagree With the VA’s Decision on Your Veteran Disability Claim
Which appeals option you choose depends on several factors, including whether you have new evidence to support or clarify your case for VA disability benefits. Your choice will also impact how your veterans disability claim is decided in terms of who reviews your appeal and what method they use to do so.
You can appeal your veteran disability benefits claim in one of three ways:
File a Supplemental Claim: If you believe that the VA decided your veterans disability claim based on incomplete, inaccurate, or outdated information, you can file a supplemental claim including new evidence for a VA adjudicator to review.
Ask for a Higher Level Review: To decide your veterans disability claim, a more experienced VA adjudicator will consider your case based on the existing evidence.
Request a Board of Veterans’ Appeals Hearing: A Board of Veterans’ Appeals judge meets with you and your attorney directly. They issue a decision on your veterans disability claim based on any new evidence you provide and the arguments your lawyer makes in your BVA hearing.
Instead of accepting insufficient VA disability benefits, take action and reach out to a reputable veterans disability appeals lawyer to discuss what your next steps should be.
Choose the Veterans Disability Claims Attorneys of VetLaw to Argue Your Appeal
Our experienced VA benefits attorneys know the methods the VA uses to determine benefits. Even if you have already been denied VA disability benefits, we may be able to help you appeal. While the process for how veterans disability claims are decided is undeniably complex, our veteran disability appeals attorneys are not intimidated.
At VetLaw, we will proudly represent you to dispute an unfair VA decision and secure the VA disability benefits you need. We encourage you to schedule a free consultation with us by calling (855) 573-1503 or submitting a contact form.
