When Reviewing Evidence Supports Secondary Condition Va Claim

When information technology comes to filing for VA inability benefits and bounty, there are many steps involved.  Information technology is not uncommon for veterans to make mistakes throughout this process.  In this blog, we discuss some of the near mutual mistakes veterans brand and how to forestall them.

Mistake #1: Waiting to File Your VA Disability Claim

On many occasions, veterans will await to file their VA inability claims until they have obtained all the evidence they want to submit or until their status has reached a sure level of severity.  While these factors are important, it is likewise important to recognize that waiting to file can delay your constructive date.

An effective date is the engagement that a benefit became constructive and it used by VA as a start date for the payment of disability benefits for a claim.  Importantly, the effective date of a claim determines the corporeality of retroactive benefits a veteran volition receive.  Generally speaking, the before the effective date, the more than back pay a veteran will receive.

VA allows veterans to file a merits then supplement that claim afterwards with additional evidence.  Veterans may also submit legal arguments after the claim has been filed.  Therefore, filing a merits as early on as possible will result in an earlier effective engagement than if the veteran waits until they take collected all the prove they wish to submit.

Additionally, filing a merits tin sometimes trigger VA'southward "duty to aid."  Duty to assist essentially means that VA has a duty to become out and obtain evidence on the veteran's behalf.  Examples of such evidence might be medical records or service records.  This means that waiting to file a claim in guild to obtain prove may end upward being detrimental to a veteran'due south case in some instances, equally it can cost them an earlier constructive date.  Retroactive benefits are awarded based on a veteran'southward effective engagement, which is why it is then important to accept as early an effective engagement equally possible, as this will outcome in more compensation.

Even if VA initially denies your claim, your effective engagement will be preserved as long as you appeal in a timely style.  If the veteran was granted service connection only was unable to submit the show necessary to demonstrate the need for a college rating, the effective date will be preserved as the engagement the claim was originally filed and so the veteran tin can submit the additional prove as part of an appeal to obtain an increased rating.  Therefore, waiting to file a claim for VA benefits tin can potentially cause you to miss out on more than compensation.

Error #ii: Filling Out Forms Incorrectly

In order to receive disability benefits, veterans must first file a claim with the Section of Veterans Affairs.  VA allows veterans to file initial claims for inability benefits in a number of ways, including:

• Online, using VA'south eBenefits platform;
• By completing VA Form 21-526EZ: Application for Disability Bounty and Related Compensation Benefits and mailing it to the Evidence Intake Middle or sending information technology past fax;
• With a legal representative, such equally aVeterans Service Organization (VSO) or accredited attorney or agent; or
• At a VA Regional Role with help of an employee.

Regardless of how veterans choose to file their VA disability claim, it is important that they do so correctly.  If not, their merits may be denied or the process may be delayed.

VA Form 21-526EZ is comprised of eleven sections in total, several of which are very important for veterans to complete in full.  The sections address several categories, including data regarding the veteran, the veteran's service, and the veteran'south condition(due south).  For more information regarding VA forms, visit our web log on the most important VA forms and how to employ them.

Additionally, there are several forms that VA has introduced under the Appeals Modernization Human activity, including: (ane) VA Course 20-0995, Veteran's Supplemental Merits Application; (2) VA Form 20-0996, Application for Higher-Level Review; and (3) VA Form 10182, Notice of Disagreement.  Each form corresponds to a review option, or lane, within the new appeals organisation.  For help filling out these forms, check out: "VA'southward New Forms Explained: How to File Appeals".

If VA does non have a form because it was not filled out correctly, or because information technology was the wrong course, the veteran could be at risk of losing their effective date, and, in turn, their retroactive benefits.  VA may contact the veteran for clarification regarding a form or enquire the veteran to fill up out a new form.  In this instance, it is important to fill out the new form or reply to the VA as soon as possible, considering there is often a borderline.  Not meeting the deadline in time could put the veteran's claim or entreatment in jeopardy.

Error #3: Not Filing for Secondary Conditions

A secondary service-continued disability is a disability that resulted from a status that is already service connected.  There are several ways that a primary disability can cause a secondary disability.  Some diseases lead to other wellness complications that could get serious enough to be considered a secondary disability.  Common examples of secondary service-continued conditions include peripheral neuropathy due to diabetes mellitus and low due to orthopedic conditions.

It is important for veterans to file for secondary weather at the same time that they file for main atmospheric condition for several reasons.  First, information technology is likely that the testify in support of the primary condition will also pertain to the secondary conditions.  This allows VA to clearly meet that the two atmospheric condition are related to one some other and should therefore exist granted benefits together.  2d, the constructive date for the secondary service-connected conditions may friction match that of the already service-connected condition, again resulting in a larger retroactive award.

Detailing all the veteran'south secondary conditions, or residuals of their primary condition, can be vital in receiving benefits for secondary weather condition later.  If a veteran does non outline their secondary weather, VA may only grant service connection for the chief status and overlook the testify linking the secondary weather to the primary condition because they were not detailed, or not detailed thoroughly, in the original merits.

Explaining to VA, clearly, what conditions were caused by an already service-continued status, or a primary status that the veteran is seeking service connection for, can help outline the veteran's eligibility for secondary service connection disability benefits.

Mistake #4: Failing to Obtain a Medical Opinion

VA volition oft deny veterans' claims based on a lack of medical evidence linking their conditions to their time in service.  Equally such, a medical opinion from an expert or anexus alphabetic character from a private healthcare provider can make a big difference.  A nexus alphabetic character is a document prepared for a veteran by a medical professional person that explicitly connects an in-service outcome to the current condition for which a veteran is seeking service-continued bounty.

Veterans often make the error of relying on Bounty & Pension (C&P) examinations alone, which may non fairly represent the true nature or extent of their disabilities.  Expert opinions and nexus letters may be helpful in this example, as they may provide a clearer picture of the veteran'southward symptoms or counter the VA examiner'southward findings.  The veteran'due south physician, or a medical provider, can provide a nexus letter.  Accredited representatives, or attorneys, may as well exist able to obtain an expert medical opinion to serve equally the nexus letter.

A stiff nexus letter should:

• Exist written past a licensed professional in the appropriate medical or clinical field;
• Be based on the veteran's service medical and personnel records;
• Be based on the veteran's medical history before, and post-obit, service;
• Address whether it is "at to the lowest degree every bit likely as non" that the veteran's disability was incurred in or caused by service; and
• Provide supporting rationale for the conclusion, or in other words, the medical professional "shows their work" past elaborating on how they reached their determination

Veterans may also fill out, or have their treating doctor fill out, a Disability Benefits Questionnaire (DBQ).  These are forms created for the veterans' use in the evaluation procedure for VA disability benefits.  The forms allow the veteran, or their healthcare provider, to reply questions almost aspects of their inability, including symptoms, severity, possible cause, and relation to other disabilities.

Mistake #5: Submitting Evidence That is Not Relevant to the Claimed Status

When filing for VA benefits, veterans may be tempted to send all their service and medical records to VA.  In doing so, veterans might ship as well much paperwork, making it difficult for VA to locate the pertinent prove that is most relevant to the claimed status.

In submitting records to VA, the veteran should be certain that the records are pertinent to the conditions for which they are seeking service connexion.  Submitting extraneous medical information regarding non-service-connected claims could weaken the veteran's example or prolong a decision from VA.

It is important to include evidence with VA disability claims, just veterans must make sure the evidence is necessary to get benefits.  Otherwise, it will probable crusade undue delays and VA rating regime might overlook what is actually important.

Mistake #6: Not Understanding How VA Grants Disability Benefits

Many veterans are unaware of how the VA disability claims process actually works.  While information technology does involve filling out forms and waiting for benefits, it can exist much more than complicated than that.

VA but awards service-connected compensation when (1) you have a current, diagnosed condition; (ii) you experienced an in-service effect, injury, or illness; and (3) you provide a medical nexus linking your current, diagnosed condition to the in-service issue.  It can be difficult to constitute allthree eleme north ts of service connection.  However, it is of import for veterans to know what VA is looking for when adjudicating their claims for disability benefits.

Veterans may exist frustrated that their service records signal an in-service outcome, yet they are not receiving benefits.  However, the condition must be current for a veteran to receive benefits, which means that a diagnosis is more often than not necessary.

For case, a veteran's service records might show repeated caput injuries or head injury residuals.  Without a current diagnosis indicating that the veteran, later their service, experiences caput injury residuals, the veteran will non receive disability benefits.  Additionally, the veteran would demand a nexus letter of the alphabet linking those head injury residuals to the repeated head injuries that occurred during service.

For increased rating claims, Veterans should brand sure that they understand how their disability is rated under diagnostic codes.  In guild to receive an increased VA rating, the veteran volition have to bespeak that their disability meets the criteria outlined for an increased rating.

For example, a veteran who is currently service-connected at the 30 percent level for headaches may be seeking an increased rating to the l percentage level.  The xxx percent rating indicates that the VA acknowledges the veteran's headaches are typically "prostrating" and "occur on average of once a month" over the course of several months.  In club to be awarded this increased rating, the veteran will have to demonstrate that their headaches occur with "very frequent completely prostrating and prolonged attacks productive of astringent economic inadaptability."  If the veteran does non run into these criteria, or cannot demonstrate coming together these criteria, VA volition not award the increased rating.

While it may be articulate to a veteran or their family, veterans must establish their status as service-connected to receive bounty. Establishing the three elements of service connection is necessary for VA to recognize that the condition was caused or exacerbated by service, whereas demonstrating entitlement to an increased rating requires meeting the next level contained in the diagnostic criteria.

Mistake #7: Non Continuing to Entreatment Later Receiving a Denial from VA

After receiving a deprival from VA, many veterans may feel equally though there is nothing left to do.  Veterans may feel exhausted from the VA claims and appeals process and want to give up on their merits.  However, if the veteran does not entreatment the denial, they could lose their effective date, and essentially whatsoever retroactive benefits from that engagement if they are able to secure a positive conclusion in the future.

Veterans accept the right to entreatment unfavorable decisions from VA.  In other words, if you receive either a denial or a inability rating that is lower than you deserve, you lot tin can disagree with VA's determination and continue to seek service connection or an increased rating.

Veterans are highly encouraged to appeal unfavorable decisions in a timely manner in guild to preserve their effective dates.  Once more, effective dates are important as they correspond to the amount of retroactive benefits yous will receive.  Nether thenew VA appeals system, veterans tin can chose from three unlike review options, or lanes, when filing an entreatment: (1) the higher-level review lane; (2) the supplemental merits lane; or (3) the Notice of Disagreement lane (i.e., appeal to the Lath of Veterans' Appeals).

Continuing to pursue a claim through the appeals process allows a veteran to preserve their effective date, and could entitle them to a larger sum of retroactive benefits down the route.  Often, pursuing a claim tin lead to securing other VA benefits likewise, such every bit health care or instruction benefits.

"Abandoning" a claim, or not highly-seasoned it within VA's timeframes, could have consequences.  If the veteran decides later to file for that condition again, their original effective date will no longer be preserved, meaning the date that they refile for the status will be the new effective appointment.

The retroactive benefits that could accept been awarded if the first claim had not been abandoned volition be lost and benefits will simply be awarded from the time the merits was filed the second fourth dimension.  In some cases, the veteran may be able to secure an earlier effective date, however the best way to continue the original constructive date would be to keep the claim up to date by filing an appeal within the allotted time after a denial (i.eastward., more often than not i twelvemonth).

While the VA claims and appeals process can exist lengthy and sometimes discouraging, it is important to keep up with i's merits and file any appeals in order to receive the full benefits to which you are entitled.

Mistake #8: Non Seeking Representation to Assist with the Claims Procedure

The VA inability claims process tin be very complex as the regulations are constantly changing and the procedures are continuously evolving.  Recently, VA underwent a complete overhaul of its appeals process, transitioning from the Legacy appeals system to the new Appeals Modernization system.  Every bit this shift brought many changes to how veterans file claims and appeals, information technology may exist helpful to have a knowledgeable representative helping you navigate the updated processes.  Representatives can assistance gather evidence to support your example and ensure that your claims and appeals are filed correctly and in a timely fashion, adhering to all deadlines.

Was Your VA Disability Claim Denied?

The experienced attorneys and advocates have spent decades successfully representing Veterans before the Department of Veterans Diplomacy and the Courtroom of Appeals for Veterans Claims. If your VA claim has been denied, our office may be able to help. Contact usa for a gratis consultation today at 800-544-9144.

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Source: https://cck-law.com/blog/common-mistakes-veterans-make-filing-va-benefits/

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