Tuesday, June 30, 2015
How long a VA disability claim takes is a very difficult question to answer. I have been handling VA compensation claims since 2007 and what I can tell you is it depends on so many things that it is almost impossible to answer for any given case. For some, it may be a matter of months and others it may be years until you are satisfied with the result. If all the records are in the VA C-file, it is a clear cut case, and you are dealing with one of the better VA Regional Offices than it may only take months. In other cases, difficulty finding evidence needed, the need for nexus opinions and a slower VA RO may cause the VA disability claim to take over a year. Keep in mind if you get a decision from the VA and you are unhappy with that decision it can take longer and longer with each appeal. Some VA disability cases can take many years before you get what you deserve. As you can see answering this question is very hard. So what can you do to speed up your VA compensation claim. The first thing you can do is request your C-file from the VA so you know what the VA has and you will be able to determine what may be missing or what evidence you still need to win you claim. You should also get help with your claim from a service organization or a VA disability lawyer. This will help because a good attorney or representative will know the law and what is needed to win your claim and then be able to make arguments on your behalf as well. At the very least, you need to research what it is you need for your particular claim to win your VA disability case. The last thing you would ever want to do is to make your claim and sit back and hope the VA will figure it out for you. It is also important to keep in mind that when you have a VA compensation claim you need to be persistent but also patient. It can become very easy to get frustrated and quit or take out your frustration on the VA and neither of these is going to help you win you VA disability claim.
Sunday, June 28, 2015
So why is it important to have a good history of medical treatment and recent treatment. Whether it is an SSDI claim or VA compensation it is important to be able to show past and present treatment. One reason is that many decision makers on disability claims wrongly will assume that someone who is not being treated regularly does not suffer from a severe medical condition because if they did they would be getting treatment. Also the basis for any disability claim is your medical conditions and if they are not documented well it makes it difficult or impossible to determine the severity of the medical condition. I should also point out that if you are seeing a doctor regularly and for a long period of time chances are that doctor will be more willing to provide you with opinion evidence that is often needed in SSDI and VA disability cases. I know it can sometimes be difficult and many people do not have insurance but you should make every effort to get regular medical treatment.
Monday, June 22, 2015
I speak to veterans all the time who are not able to work and are trying to get VA IU (Individual Unemployability) and who are not also applying for SSDI. In most cases, If you have a claim for IU you should also have a claim for SSDI. The reverse is true as well if you are applying for SSDI then in many cases you should also have a claim in for VA IU. Yes, in most cases you can get both. If you win one of these claims it can help you win the other as well. The main difference is that if you are trying to get SSDI the decision maker at Social Security will look at all your medical conditions to determine if you are disabled. In a VA IU claim the Veterans Administration will only look at your service connected disabilities to determine if you are unable to work. They each have their own rules to determine if you are disabled so you will still have to prove your case to both agencies but for most veterans unable to work you should have both claims. If you have any questions and would like to speak to a lawyer that handles both VA IU and SSDI cases feel free to call me at 1-877-527-5529.
Wednesday, June 03, 2015
If you have a veteran's disability claim pending at the VA you should be sure to get your C-file as soon as possible. There are many reasons for this. If you have your file you will be able to see what the VA is looking at to determine your claim. This will allow you to make sure everything you need to win your disability claim is in the file before a decision is made. In many cases important information such as service medical records, treatment in service, present treatment, etc. are missing from the C-file. Yes the VA has a duty to assist to get what is not in the file but many times they might not know what is missing or they can't find something. If you know what is not in your file you can help get it. Another reason to have your file is if you decide to get a lawyer you will be able to give that file to your lawyer and this will save time having to wait for it. Remember your VA decision will be based on everything that is in that C-file so make sure everything you want to be in it is.
Friday, March 27, 2015
What is the difference between VA IU and Social Security Disability? Many veterans ask this question and I will try and give a basic explanation. The main difference is that Social Security will look at all your medical conditions to determine if you are unable to work. With veteran's IU the VA will only look at your service connected disabilities to determine if you are disabled. You can get a better understanding of how each agency determines disability by reading my web pages on Social Security's 5 steps to determine disability and how the VA determines if you are unable to work under VA IU. What most veterans need to know is that if you have been found disabled for VA IU there is a real good chance you will be able to get SSDI. Also if you are getting SSDI mainly due to your service connected disabilities, there is also a good chance you can get VA IU as well. This is a very simple explanation of the difference between these two programs and the website links above should help explain further. If you are unable to work because you are disabled and you are not sure what you may qualify for then one of the best things you can do is speak to an attorney to see if you may qualify for IU and SSDI or both. If you would like to ask me feel free to call me at 1-877-527-5529.
Monday, March 23, 2015
The medical listing of impairments comes into play at the third step of Social Security's 5 step process for determining disability. If your medical condition meets or equals a listing you will be found disabled. If you do not meet or equal a listed impairment then you would move on to next step of the process. To meet or equal a listed impairment it takes a doctor saying you do and explaining why it is your condition meets all the requirements for the listing, or at least why your condition equals the severity of the listing. If there is a medical expert at your ssdi hearing, one of the first questions usually asked of the expert is if the claimant meets or equals a listed impairment. You should read the medical listing of impairments as it applies to your medical condition and if you think you meet the listing you can take a copy to your doctor and ask them if they think you meet the listing. If they think you do ask them to write you a report saying this and it should include why and be backed up with all evidence that supports this conclusion. If you do not meet or equal a listing it is not the end of the world since you simply move on to next step in the process. The majority of social security disability cases that win are not based on meeting or equaling a medical listing since these listings were made very hard to meet by design.
Thursday, March 19, 2015
Most Veteran Disability claims take an extremely long time before they are resolved. There are many reasons for this. The Veterans Administration is underfunded, under staffed and has a huge case load. This can be very frustrating for veterans trying to get their VA disability benefits. Changes are being made at the VA that I think will start to help with this but I do not expect it to ever be a quick process. It is important to know this so you can try not to become too frustrated with the process. VA lawyers, veterans, Congressman and VA employees all wish the process was faster. One thing the VA is doing to help with this problem is they are trying to get all VA files and claims into electronic format. This will probably take a while longer before this is a reality but it is a step in the right direction. Electronic records have helped make an improvement in the Social Security Disability wait times and I would expect it would help the VA disability wait times as well. The VA has also received more funding to help with staffing issues. So as frustrating as it can be hopefully things will slowly get better. If nothing else I hope this article will help you understand you are not alone in your frustrations with the long wait times in Veterans disability claims.