How do I submit service treatment records for secondary conditions?
Make sure to submit all service treatment records that show the diagnosis and treatment of the condition. For the secondary condition, submit all records that demonstrate the development, diagnosis, and treatment of the condition and its relationship to the original condition.
Should I review My civilian medical records before reviewing my va?
Be sure to obtain a copy of your Service Medical Record first,if you do not have a copy already; before reviewing your civilian medical records with your Dr. Here is why: You'll need to connect the dots for the VA Ratings Scheduler assigned to your claim.
What happens in the initial review of a VA disability claim?
Initial Review of Disability Claim. At this stage of the claims process, a Veteran Service Representative (VSR) reviews your disability claim. It will quickly move onto the next stage if the VA employee does not require additional evidence for processing. Evidence Gathering and Review of Evidence
What types of medical records are used in a VA claim?
So let’s take a look at each of the 3 Major Types of medical records used in a VA Claim or Appeal, where to get them, and what to use them for. So there are 3 general types of records that exist for every soldier, sailor or airman while they served in the military: service records, performance records, and medical records.
How long does it take to process VA DIC?
approximately 125 daysYou can expect to wait a while when you file a disability claim with the Department of Veterans Affairs (VA). According to information published on the VA website, the average claims process time is approximately 125 days from the receipt of your application and supporting materials.
Is VA DIC retroactive?
Survivors must apply for DIC by completing VA form 21-534. You must apply to the nearest VA Regional Office within 12 months from the date of death to receive full payment. If the VA receives the application more than 12 months after the date of death, payments are retroactive to the date of application only.
What is a DIC claimant?
Dependency and Indemnity Compensation (DIC) is a tax free monthly benefit paid to eligible survivors of military Servicemembers who died in the line of duty or eligible survivors of Veterans whose death resulted from a service-related injury or disease.
Does pending decision approval mean approved?
Pending Decision Approval: The VA representative's decision is reviewed, and a final award approval is made. (During the approval process, it might be decided that more evidence is needed, and your claim moves back to Step 3.) Preparation for Notification: You entire claim decision packet is prepared for mailing.
How long do you receive DIC benefits?
How Long Does Dependency and Indemnity Compensation Last? Once granted, DIC is permanent for surviving spouses, unless the surviving spouse remarries prior to turning 57 years of age. For surviving children, DIC usually lasts until the age of 18 (or 23 if the child is still in school).
How far back will the VA pay back pay?
within 3 monthsThe VA usually issues the back pay check within 3 months after the claim is finalized.
What qualifies a spouse for DIC?
Who is eligible? You may be eligible for DIC benefits if you are a surviving spouse who: • Married a Service member who died on active duty, active duty for training or inactive duty training, OR • Married the deceased Veteran before Jan.
How do you qualify for VA DIC?
EligibilityYou married the Veteran or service member within 15 years of their discharge from the period of military service during which the qualifying illness or injury started or got worse, or.You were married to the Veteran or service member for at least 1 year, or.You had a child with the Veteran or service member.
What is the difference between DIC and SBP?
SBP allows a military retiree or retirement-eligible service member to ensure a continuous lifetime annuity for their dependents. However, a VA benefit called the Dependency and Indemnity Compensation (DIC) offsets the money a widow would receive from SBP, dollar-for-dollar.
How do you tell if your VA claim was approved?
You can check the status of your VA claim, appeal, or decision review on VA.gov. You'll need to sign in first with DS Logon, My HealtheVet, or ID.me. If you don't have any of these accounts, you can get one now. If you need help, please call us at 800-827-1000.
What is awaiting decision approval?
"awaiting decision approval" does not necessarily mean desk rejection. It means the managing editors are waiting for the editors' decision.
What does VA pending decision mean?
Pending Decision Approval to Complete: There is one final review after the RVSR's review. The RVSR will send your claim to a superior for one more review, and the VA will make the decision. A VA employee will prepare your decision packet.
Why is it important to include enough information in your request to accurately identify your service record?
Because there are so many records to sort through, it is important to include enough information in your request to accurately identify your service record. To save time, make sure to have the following information available when making your request. The veteran’s complete name; Service number and/or social security number;
How to make sure VA has all of your information?
While the VA is responsible for assisting with the gathering the information that is relevant to your claim, the only way to make sure that the VA has all of the information related to your service and disabilities is to submit the records yourself, or with the assistance of your Veteran’s Service Officer (VSO).
How to check status of VSO?
After approximately 10 days, you or your VSO can check the status of your request through the Online Status Update Request form or by calling the Customer Service Line at 1-866-272-6272.
Can you fill in gaps in your military history?
If you are still unable to locate the records, you may be able to fill in gaps in your service history with statements from an officer or a buddy who served with you, or other medical records that can draw a connection between your service and your current disability. Although it can be frustrating, it is important to make sure ...
Can I get a copy of my military service records?
Obtaining Copies of Service Records. If you are a veteran of the U.S. military and have a current injury or condition that is connected to that service, you may be eligible for veterans’ disability compensation. While the VA is responsible for assisting with the gathering the information that is relevant to your claim, ...
What type of medical records are used in VA claims?
The second type of medical records to use in a VA claim are your post-service VA Treatment records. This includes any records of treatment you had at a VAMC (VA Medical Ceter) or VHA facility.
What are the types of military records?
So there are 3 general types of records that exist for every soldier, sailor or airman while they served in the military: service records, performance records, and medical records. When you submit a request to the National Archives, most times you are requesting your service records. This includes things like your DD-214, ...
Can I win a VA claim without medical records?
by Chris Attig. You just are not going to win a VA Claim without providing some medical records. That’s just a fact of life. Now, it is true that when certain medical records are missing, you may be able to use lay evidence to substitute for the missing medical information, I have NEVER seen a VA Claim granted without at least SOME medical records ...
Service treatment records
Hi, have a question I just recevied a letter today saying my service treatment records they "are partially anavailable for reveiw" They are asking if I have documents in my possession??? Im pretty sure when I left Ft Hood no records could leave with you!!! I'm concerned now how will they make my claim? I have a lung diease and I have given them all my private dr findings and now am on a nebulizer 4 times a day!!! I started getting sick after the gulf war taking those pb pills and the "unknown shot" that we had to take!! just wondering what my chances r on my claim its at the raters board..
Hang In There
Cheefw03 gave you great advice. We have all been there at some point where the frustration was over whelming. The key is to stay focused on the goal AND don't quit. Speaking from experience, years ago I let the "system" win and quit. I am now back in the game. Good days and bad days. I just keep kicking the can down the road the best I can.
How long does it take to review a VA disability claim?
The amount of time it takes to review your VA disability claim depends on: 1 The type of claim you filed 2 How many injuries or disabilities you claimed and how complex they are 3 How long it takes us to collect the evidence needed to decide your claim
What to do if you disagree with a claim decision?
If you disagree with a claim decision that you received on or after February 19, 2019, you can ask us to review the decision. You have 3 decision review options to choose from. Learn about your decision review options.
How long does it take to receive an acknowledgment from the VA?
You will receive an acknowledgment from the VA that the agency received your claim depending on how you initially filed it. If you filed online, you would receive acknowledgment when you complete and submit the application. For disability claim applications sent by mail, you can expect a letter from the VA acknowledging receipt in approximately one to two weeks. If you use a system called eBenefits, you should see a notice from the VA in your list of claims within about one hour.
How long does it take to file a VA disability claim?
According to information published on the VA website, the average claims process time is approximately 125 days from the receipt of your application and supporting materials. Several factors play into how fast the VA processes your ...
What is fully developed claim?
The term fully developed claim means that you have provided all information the VA requires when making an approval or denial decision on a disability claim.
What is VA Form 21-526EZ?
Here is the information you need to submit for the VA to consider your disability benefits request a fully developed claim: VA Form 21-526EZ, the Application for Disability Compensation and Related Compensation Benefits. Medical records and all other supporting documentation you think will help your case.
How to get medical evidence for disability?
Request medical evidence from you, all healthcare providers who have treated you for the specific medical condition causing disability, and other government agencies. Review the evidence you and other parties provided. Pass your application along for a claim decision.
Can you get military records from a VA hospital?
Any military records that relate to your disability claim. Medical records that you don’t currently have in your possession that the VA can request from a federal facility such as a VA hospital. Sometimes the required documentation in a veterans disability case does not tell the full story.
Does the VA mail a decision packet?
All judges are experts in veteran law. As with your initial claim, the VA will mail you a decision packet regarding the decision it made on your appeal. You have the option to try a different level of appeal if you feel unsatisfied with the results of the first one.
Why is a VA claim exam not a medical exam?
That’s because the purpose of the exam is to gather information that will help us make a decision on your claim.
What is a C&P exam?
VA claim exam (C&P exam) After you file your disability benefits claim, we may ask you to have a claim exam (also known as a compensation and pension, or C&P, exam). Get answers to commonly asked questions about the VA claim exam below.
Can a doctor answer questions about a claim?
But keep in mind that the doctor’s job is to examine you, not to make any decisions about your claim. They won’t be able to answer questions about the claims process.
Do you have to have a claim exam?
No. We’ll ask you to have a claim exam only if we need more information to decide your claim. If you have enough medical evidence in your file to support your claim, we won’t ask you to have a claim exam. Medical evidence may include doctor and hospital reports, test results, and other documents.
What is a VA rating decision letter?
A VA Rating Decision Letter is the first decision you will receive after filing a claim for service-connected compensation. The VA Rating Decision Letter will inform you that VA has reviewed your case and determined whether your claimed conditions are related to service. If service connection is granted, the Rating Decision Letter will also establish a disability rating for each condition and an effective date. A disability rating is the percentage VA assigns to each condition based on severity and according to the Schedule for Rating Disabilities.
What is the evidence section of a VA rating decision?
Evidence Section. The evidence section of a VA Rating Decision is very straightforward as it simply lists all of the evidence VA looked at when making its decision. It is important that veterans review the list of evidence and ensure that VA did not overlook anything. If it appears as though VA is missing evidence within an unfavorable decision, ...
What are the options for a VA appeal?
Under AMA, there are several options depending on a veteran’s circumstances, including: higher-level review, supplemental claim, and a Notice of Disagreement (i.e., appeal to the Board).
What is the new decision format for VA?
The new decision format that VA has come out with as part of AMA involves an updated decision notice in which VA is supposed to identify any favorable findings. For example, if a veteran is claiming service connection for post-traumatic stress disorder and VA recognizes their stressor, it should be noted as a favorable finding in the Rating Decision.
What is a VA notice of action?
A Notice of Action letter is essentially a cover letter that explains certain elements of the decision. The introduction includes information such as the veteran’s name, claims file number, and a brief history of their time in service ...
Why is my VA claim deferred?
Typically, when this occurs it is because VA needs to gather additional evidence.
Can veterans be remanded?
In the Legacy Appeals system, veterans may have received a “remand.”. However, under the Appeals Modernization Act (AMA) (i.e., the new appeals system), the Board will no longer be obligated to remand decisions for the purpose of developing additional evidence for the claim.
What is a C&P Exam?
A C&P exam is a medical examination scheduled by the VA as part of the disability rating process. The primary purpose of the C&P exam is to determine whether a veteran’s disability is service-related, and if so, how severe it is.
Why Do I Need to Have a C&P Exam?
C&P exams are used to determine your disability rating, which affects what type of compensation you receive from the VA. Compensation can include monthly payments and enrollment in the VA healthcare program.
Does Every VA Claim Require a C&P Exam?
C&P exams are not required for every claim, and it’s entirely possible to receive a VA rating without one.
How Important is a Favorable C&P Exam?
A favorable C&P exam is the best way to ensure you get a VA rating that accurately reflects your disability. Your rating will be directly related to the medical examiner’s findings. C&P exams are especially important if your disability is worsening, as a rating change may be necessary to help you receive additional compensation.
What Should I Expect at a C&P Exam?
The C&P exam is usually conducted by a salaried or contracted VA physician to document the current severity of the condition, or conditions, considered for disability benefits.
How Long Does a C&P Exam Take?
The exam length can vary depending on numerous factors, such as the complexity of your condition and whether you have multiple service-related conditions.
Preparing for Your C&P Exam
One key to preparing for your C&P exam is to ensure you file your documentation correctly. The medical examiner won’t look at any supplementary documents you bring to the appointment, such as test results or reports, so it’s essential to file them with the VA beforehand.
What is 40% incontinence?
I'm assuming (maybe incorrectly), that the 40% is for your incontinence. A 40% is given if you have to urinate more than every hour during the day.
Can the VA give a mental health rating?
Because of this principle, the VA can only legally give a single mental health rating. Insomnia, although technically a sleep condition, is rated as a mental health condition. Thus, the VA has to combine all mental health conditions and give only a single rating, regardless of the cause.
Does it hurt to file a 21-4138?
It never hurts to submit VA Form 21-4138, but in all honesty, these aren't as effective as pure evidence that directly supports your claim (medical records, commander statements, etc.). It all depends on the strongest evidence you can possibly give to prove your case.
Can PTSD and sleep apnea be rated separately?
PTSD and sleep apnea cause separate distinct symptoms and so can be rated separately as long as both separately qualify for a rating under their rating requirements. http://www.militarydisabilitymadeeasy.com/mentaldisorders.html#ptsd. http://www.militarydisabilitymadeeasy.com/therespiratorysystem.html#sleep. Delete.
What Is Service Connection?
Evidence: Proving An in Service Injury Or Illness
- Every disability claim filed with the VA must have some type of evidence to corroborate the claim. Evidence requirements vary based on the type of claim and the issue being claimed. For an average claim, one without presumption or an injury caused by combat or being a POW, there are usually specific types of evidence a veteran needs to show service...
Lay Evidence
- Again, what if they don’t exist? This is where another type of evidence comes into play. Lay evidenceis evidence that does not come from professional sources like health care providers. Rather, it comes from individuals like fellow service members, family members, and even coworkers. These are individuals who can speak about the in-service event and/or the affects of …
Other Avenues of Research
- Another way is to find other incidents that can show a probability that an injury or illness occurred. Deck logs, installation newspaper articles, veteran newsgroups, ship yearbooks, and various other researchable places exist where evidence can be sought out. Proving that someone was injured in a car accident when the records were destroyed is much easier if something like an accident rep…