Do you have to have a “current disability” to get VA disability?
Jan 13, 2022 · You may be eligible for VA disability benefits or compensation if you meet both of these requirements. Both of these must be true: You have a current illness or injury (known as a condition) that affects your mind or body, and; You served on active duty, active duty for training, or inactive duty training; And at least one of these must be true:
Why won’t a veteran file a VA disability claim?
A veteran injured in a VA hospital or other facility can either pursue disability compensation through the Department of Veterans Affairs (VA) and/or file an administrative claim for damages under the Federal Torts Claims Act (FTCA). If you file and win both claims, however, the disability benefits will be offset by the FTCA damages awarded.
Can I obtain VA disability benefits without service treatment records?
Apr 10, 2019 · A better way to look at a VA disability claim is to say, “I have a medical condition that occurred during, or was caused by, my military service.” Likewise, you can think about “disability compensation” as an insurance policy against those same medical conditions. An approved disability claim will give you access to VA medical care and a monthly disability …
What happens if you win two VA disability claims at once?
In any case, the VA cannot terminate your benefits unless you first receive a notice from the VA telling you about your right to have a hearing. You also have the right to appeal any decision to terminate your benefits. If you receive a notice from the VA that your service-connected benefits may be terminated, contact a disability lawyer right ...
What is it called when you get sick while serving in the military?
You: Got sick or injured while serving in the military—and can link this condition to your illness or injury (called an inservice disability claim), or. Had an illness or injury before you joined the military—and serving made it worse (called a preservice disability claim), or.
Can you get VA disability for lung disease?
You may be able to get VA disability benefits for conditions such as : Chronic (long-lasting) back pain resulting in a current diagnosed back disability. Breathing problems resulting from a current lung condition or lung disease. Severe hearing loss. Scar tissue.
What is the 1151 VA?
Section 1151 is a reference to the section of veterans law (Title 38 of the United States Code) that covers compensation for these injuries. Under this law, for purposes of awarding compensation, VA will consider injuries at VA facilities as "service-connected."
What is Section 1151?
Section 1151 Benefits. Disability compensation available to veterans injured at VA facilities is commonly referred to as "Section 1151" benefits. Section 1151 is a reference to the section of veterans law (Title 38 of the United States Code) that covers compensation for these injuries. Under this law, for purposes of awarding compensation, ...
What is CWT in VA?
Injuries (or deaths) caused at vocational facilities or VA compensated work therapy (CWT) programs require less proof that those occurring at a VA inpatient or outpatient clinic or hospital. All that is required for these injuries is to show that the VA training, rehabilitation services, or CWT caused the injury.
What is the need for a medical expert?
The Need for a Medical Expert. If a medical error was made, it will be essential to get a medical opinion from a private physician, if you can afford it. This doctor can review your medical records and make an independent assessment of whether medical malpractice was involved.
Why don't you deserve VA compensation?
The VA will often argue that you don't deserve compensation because you were already disabled and you don't have proof that the VA doctor or facility made your condition worse. This is why it is so important to get an opinion from a non-VA doctor whenever possible.
What does the VA review?
The VA will review the evidence that supports your claim and the evidence that hurts your claim. All of this evidence will be viewed in the light of giving you the benefit of the doubt. But it is still a hard hurdle to prove that, if it were not for the VA's negligence, you would not have suffered the injury.
What does a veteran have to prove to the VA?
For claims relating to hospital care, medical treatment, surgery, or a medical exam, a veteran must prove that the VA caused the injury or death through: negligence. carelessness. lack of proper skill. error in judgment. other fault, or. an event that could not have been reasonably expected to occur.
What is the VA priority group?
The VA also places veterans into Priority Groups based on the severity of their disability ratings, economic need, and other factors. The VA is there for all veterans, not just those who have the “greatest” need. You owe it to yourself and your family to receive the care and benefits you have earned.
Why don't veterans file for disability?
A better way to look at a VA disability claim is to say, “I have a medical condition that occurred during, or was caused by , my military service.”.
Can you receive VA disability and Social Security?
You should verify this information before assuming you are ineligible to receive both forms of compensation. For example, it is possible to receive both VA disability compensation and Social Security Disability Benefits. There is even a program called Social Security Disability Benefits for Wounded Warriors. There is no rule that states you cannot receive compensation from both sources. In fact, having a 100% Permanent and Total VA rating can make you eligible for expedited processing for your Social Security Disability claim.
Is VA disability tax free?
However, VA disability compensation is tax-free. So the net gain works in the veteran’s favor. Retirees with a VA disability rating of 50% or higher are eligible to receive Concurrent Retirement and Disability Payments (CRDP).
Do veterans want to file for VA disability?
There are many misconceptions about what it means to file for VA disability compensation, what happens when the VA reviews your claim, and how it will affect…. Many veterans don’t want to file a VA disability claim when the leave the military. There are many misconceptions about what it means to file for VA disability compensation, ...
Can a VA disability claim be complicated?
VA disability claims can be very complicated. But veterans have access to benefits counselors who will offer free claims assistance. Find a Veterans Service Organization (VSO) you trust and work with them on your claim. Your representative can help dispel any of the above myths, clear up any misconceptions, and answer your questions. they also have hands on experience with the claims process and can help you avoid problems that might add months or years to your claim.
Is a VA disability rating permanent?
This is a partial truth. Some disability ratings are permanent, while others are given a temporary rating. IN some cases, the VA will send veterans a Notice of Reexamination Letter which informs the veteran of their intent to reexamine the veteran to determine whether or not the veteran’s medical condition is the same. The reexamination can result in no change, an increased rating, or a decreased rating.
Can the VA reduce your disability?
If your disability has been continuously rated at or above a certain rating level for 20 or more years, the VA cannot reduce your rating unless it finds the rating was based on fraud. This is a very high standard and it's unlikely the rating would get reduced.
Can the VA reduce your rating?
Unless the reexamination report shows material improvement, the VA cannot reduce your rating. If you can get a private (non-VA) doctor to give a medical opinion that your medical condition hasn't improved since the 100% rating was instituted or continued, this will help protect your rating from reduction.
Do you have to give consent to a text message from Martindale-Nolo?
You are not required to provide consent as a condition of service. Attorneys have the option, but are not required, to send text messages to you. You will receive up to 2 messages per week from Martindale-Nolo. Frequency from attorney may vary. Message and data rates may apply.
Can you terminate your VA benefits if you have been receiving service connected benefits for less than ten years?
Even if you have been receiving service-connected benefits for less than ten years, it is still quite rare for the VA to terminate these benefits.
Can you terminate your VA benefits?
If you have been receiving service-connected benefits for ten years or longer, your benefits receive special protection from termination. The VA cannot terminate these benefits unless you committed fraud or unless the VA made a "clear and unmistakable error" in granting you benefits (CUE).
What does increased disability mean?
Increased disability requires an upward adjustment to the vet’s disability rating, which can mean an increase to the amount of disability compensation provided. Unfortunately, disabled veterans face an overworked and slow government bureaucracy when pursuing appeals with the VA.
What is Form 21-4142?
If treatment was in a civilian facility , Form 21-4142 is also required to authorize the release of records and/or for physicians to confer with the VA. However, the timing of the request for a disability ratings change is vitally important.
Can disabled veterans get TDIU?
It is meant for disabled veterans who are unable to get or keep substantially gainful employment because of their service connected disability. A disabled veteran whose disability rating is not as high as it should be may be able to obtain TDIU compensation at a 100% disability rate.
Does the VA pay 100% disability?
However, the VA will pay certain veterans 100% disability compensation, even though VA has not rated their service-connected disabilities at the total level.
Can a veteran request a VA rating increase?
Once a claim for veterans’ disability benefits has been granted, a veteran can request that the VA rating of a service-connected disability be increased at any time. The VA knows that many conditions grow worse, and it knows that it has a large population of aging beneficiaries.
Does the VA have to follow the claims process?
The VA still must follow the claims process, but because service-connection has already been established, the VA focuses only on medical evidence and the potentially increased rating. The VA may also require the vet to undergo a medical exam by one of its appointed medical professionals.
What are the specialty services offered by medical centers?
Most centers provide medical and surgical specialty services—like oncology (cancer care), geriatrics (elder care), and neurology (care for conditions of the brain and nervous system). Some medical centers also offer advanced services—like organ transplants and plastic surgery (reconstructing or repairing parts of the body in the treatment ...
What are the VA medical centers?
VA medical centers. These centers offer a range of services:#N#All centers provide traditional hospital-based services—like surgery, critical care, mental health, and physical therapy.#N#Most centers provide medical and surgical specialty services—like oncology (cancer care), geriatrics (elder care), and neurology (care for conditions of the brain and nervous system).#N#Some medical centers also offer advanced services—like organ transplants and plastic surgery (reconstructing or repairing parts of the body in the treatment of traumatic injury).#N#Find a medical center near you 1 All centers provide traditional hospital-based services—like surgery, critical care, mental health, and physical therapy. 2 Most centers provide medical and surgical specialty services—like oncology (cancer care), geriatrics (elder care), and neurology (care for conditions of the brain and nervous system). 3 Some medical centers also offer advanced services—like organ transplants and plastic surgery (reconstructing or repairing parts of the body in the treatment of traumatic injury).#N#Find a medical center near you
What does it mean when VA says "not service connected"?
Thus, if you’ve ever logged into your eBenefits or VA.gov account and you see disabilities that say “not service connected” it means that the VA Rater doesn’t think your disabilities were caused or made worse by your active duty military service.
What does equal weight mean in probative value?
Probative value simply means, “The ability of a piece of evidence to make a relevant disputed point MORE or LESS true.”. Probative evidence must be.
Why is my VA claim denied not service connected?
VA claim denied not service connected due to “No evidence of current disability symptoms”. This is another very common reason why a veteran sees “VA claim denied not service connected” or they receive a low-ball rating. CFR Title 38, Part 4, the VA Schedule of Ratings is the law governing all VA disability conditions.
How to prove service connection?
There are two main things you can do here to help prove service connection: 1 Get a Buddy Letter from a first-hand witness 2 Obtain a competent and credible VA Nexus Letter from a private medical provider
How long do you have to be out of the military to qualify for VA disability?
If you’ve been out of the service for 5, 10, 20, or 30 plus years, it’s typically more difficult to prove a nexus, although not impossible.
Why is my VA claim denied?
VA claim denied for “No medical diagnosis of a disability”. No Medical Diagnosis of a Disability. In our experience, this is one of the most common reason why a VA claim gets denied. The veteran failed to show a clear medical diagnosis of a disability in his/her service treatment records, aka, your military medical records.
What is the logical link back to your active duty service?
The logical link or connection back to your active duty service (aka, the “nexus”) needs to be clear, and you as the veteran needs to prove it on an “at least as likely as not” basis, which thankfully, is a relatively low burden of proof.
Why are there no veterans records?
Whatever the reason, just because there are no records does not always mean that the Department of Veterans Affairs won’t grant service connection. Here, we will cover how to prove a service-connected disability, and obtain VA disability benefits, without service treatment records.
What is the duty of the VA?
The VA has a “duty to assist” by law. The law, the Veteran’s Claims Assistance Act (VCAA) defines the VA’s role and responsibilities in assisting veterans in developing their claims by attempting to obtain evidence from Federal agencies and providing a VA medical exam or a medical opinion if deemed necessary.
Why do military members not want to go to the doctor?
There are many reasons why, but one of the main reasons is that active duty military members do not want to go to the doctor for fear of being medically discharged for a medical condition that is potentially going to limit them from doing their job.
What if they don't exist?
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 the current disability.
Can veterans have a representative to assist with a claim?
Having a representative to assist with the claim can also help provide veterans with researchers who can try to find that evidence to prove the claim. It does not always work, the road is not always smooth and straight, but if you do not try, the answer will always be no.
Who is Cassandra Crosby?
She has over 20 years of experience of management of non-profits programs in Mental Health, Substance Abuse, and Victim Services. She started at Hill & Ponton in the Spring of 2016. She is currently focusing on reviewing files for evidence that can be beneficial to disability claims. She is a Florida native and is also a full time student working on a Bachelor’s Degree in Legal Studies.
Is an old fracture on X-rays credible?
However, the current X-rays do not show evidence of an old fracture. Therefore, that would not be a credible statement because the current evidence disputes the lay statement. If a mother makes a statement that her veteran son, who was on a ship, had bronchitis.
What is the VA's responsibility?
The VA has a responsibility to Help you Get the Highest Supportable Rating in Your VA Disability Claim. Just like your old chain-of-command in the military had a responsibility to help you get the resources you needed to accomplish your mission as a soldier, the VA also has a responsibility to assist you in proving the highest lawful rate ...
Can the VA consider the percentage of a disability?
By law, when determining the percentage for your rating the VA can only consider the criteria contained in the Diagnostic Code for the given disability – – to do otherwise is error. Unless the effects of medications are specifically included in the impairment rating criteria for your condition, the VA is NOT allowed to consider whether ...
Can PTSD be cured?
However, the law is not always written this way – and sometimes, for good reason. PTSD is not cured. Sleep Apnea rarely goes away, and its hard to reverse diabetes once your kidneys start to fail.