Tuesday, June 19, 2012

How to Increase VA Disability

By Terry Smith

If you're partially or totally disabled as a result of military service, you should have at some point filed a disability claim with the Veterans' Administration (VA). The VA will evaluate your claim using established standards as to what constitutes a reimbursable disability based on your class of injuries. If you believe that the VA has failed to correctly evaluate your disability, you can appeal their decision within the 60-day period following the date they notified you.

Obtain representation, preferably from an organization such as the Disabled American Veterans (DAV), which can provide expertise in dealing with the VA system and can advise you on what you need to do next. One of the things your representative can to is attend VA hearings for you. If your assigned VA center is a long way away, this will save you the trouble of making all your hearings if you're not able to take the time to get there.

Appeal the VA's decision in writing within 60 days of being notified of your disability findings, if you don't agree with all of them, stating which findings you disagree with and your reason(s) for disagreeing. If you believe you're entitled to a disability rating based on an independent finding by a doctor or other medical specialist outside the VA, submit that individual's diagnosis with your appeal. If the VA agrees to re-evaluate you, however, they'll rely on a re-evaluation by their own specialists.

Appeal the VA's disability finding even if you happen to miss the 60-day appeal period. However, you need to have a good reason why you didn't file in time. One reason could be that you were waiting to hear from your own specialists as to how severe your injuries are, and didn't hear until after the 60-day date.

File a new appeal if you become aware of a new service-related disability after the 60-day period.

Respond to claim-related VA correspondence as soon as possible after you receive it. The 60-day response period also applies to requests for information, but the quicker you respond, the quicker they can evaluate you.

Make your scheduled VA compensation and pension appointments on time. If you don't make one, the most likely result will be that the VA denies your claim.

Contact VA customer service at 1-800-827-1000 for assistance any time you have questions. To help you evaluate your own case, download the VA instruction VAOPGCPREC 4-2001 or use the benefits tab on the VA homepage. Don't give up until the VA responds. The evaluation process can take a long time, sometimes several years, even when your disability is clear. The VA has to make a decision by law, and if they find in your favor, you'll be paid retroactively.


http://www.lenderva.com

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