The VA claims process can be confusing, and there are so many ways to get tripped up, miss a deadline, and have your claim denied. To get better results, you need to know exactly how the VA’s system works and avoid the most common pitfalls that cause problems for most veterans.
To avoid denials, strengthen their case, and ensure a correct rating for their needs, many people prefer to talk to a veteran’s disability benefits lawyer who can give them the personalized service they need. The difference between an 80 percent disability rating and a 100 percent disability rating can add up to hundreds of dollars a month in benefits, so it pays to have an experienced attorney who can help you with your case.
But let’s see here the steps you need to take to ensure the desired outcome.
File a Claim With the VA
The first step in the process is to file a claim. For the best results, submit your Fully Developed Claim (FDC) electronically, including the required Disability Benefits Questionnaires (DBQ). Ensure the VA has your current mailing address, so you don’t miss any notices. Unfortunately, this is where many veterans get tripped up. They fail to include all the documentation required to start the claims process.
Attend Your Claim Exam
After the VA has received your application for compensation or pension, they will typically set up a claim exam, also referred to as a C&P. If you do not attend this exam, the VA will likely deny your claim. Make sure they have your correct address on file so that you can attend the exam. Use the number provided to confirm the time and date. If the date does not work for you, reschedule as soon as possible.
Appeal any Parts You Don’t Agree With
After you have attended your C&P exam, you will receive a decision about your disability rating and compensation in the mail in a few weeks. If you do not agree with the VA’s decision, you can appeal by requesting a Decision Review Officer (DRO) claim. In addition, if there are factual errors in the decision that need to be corrected, you can appeal to the Court of Appeals for Veterans Claims. At this point, it helps to have a lawyer by your side, as fighting claim denials and pushing appeals are attorneys’ specialties.
Learn Your Numbers
It helps to know how the VA rates disabilities to determine whether you should accept the rating or challenge it. The amount of funds you can receive changes based on the nature of your injuries, so it pays to ensure the VA is rating your injuries correctly. There are calculators you can use online that will help you to figure out exactly how much compensation you should receive from the Veterans Administration.
In some cases, the VA will ask you to come in for a re-examination, which can change the amount of your benefits. This typically happens a few years after your approval, so it pays to be prepared for this process.
Get a Representative to Assist You
The Veterans Administration has representatives that can assist you with your claims, called Veterans Services Officers (VSOs). While the VSOs can be immensely helpful with explaining the process and acting as your advocate, they do not do the work for you when it comes to filing your claims and appeals. In addition, they may be working for several veterans at the same time, so it may be a challenge to get the assistance you need exactly when you need it.
Find a team of skilled attorneys in your state/city who has worked with the Veterans Administration for decades. They know the ins and outs of the rating system, what benefits are available to veterans, their spouses, and dependents, and how to appeal when your claim is denied. If you have questions, they will most likely have answers on the spot.
Don’t waste too much time finding the right VA attorney, but do your diligence. Get a law firm that is available to work tirelessly to gain all the compensation you deserve. For example, suppose you have questions about simplifying the application, claims or re-examination process. In that case, they can help by offering you a free, no-obligation initial consultation to ease your burden.
About the author:
How does one combine a passion for journalism with a strong sense of justice? For Crystal, the choice was simple: legal journalism. Born and raised in a family of attorneys but wanting to approach the law from an investigative angle, Crystal decided that people would not hear her voice in the court, but online, in magazines, journals, and other platforms. When she is not studying active lawsuits closely to report on them, she writes public-friendly articles detangling the complicated threads representing the American legal system.
