The VA claims process is a long and winding path, with emphasis on the length. Initial processing took an average of 127 days in 2006, a timeframe that has surely increased since them. And that’s not even counting appeals fighting denial of veterans benefits, or other things that can drag the process out for years. Why does it take so long? Some of this is due to the people in the system being overburdened and under-trained, but there are also a number of legally required steps that every claim must go through.
Disability Insurance Claimant’s Rights to COBRA Benefits
Frequently, employers will terminate an employee when their disability insurance company denies the employee their disability benefits. When this unfortunate situation happens, the disabled employee may be forced to seek health benefits under what is known as COBRA. If you qualify for COBRA and your rights have been violated, you need to know.
COBRA is the Federal law requiring employers to provide certain employees with continuation of group health coverage. Not all employers are required to offer COBRA and not all employees are eligible for COBRA (i.e. companies with less than 20 employees, certain church and federal government plans are not subject to COBRA).
VA Benefits: Types of VA Disability Compensation – Part 2
There are a wide variety of VA claims out there that Vets can request compensation for, but unless you know what goes into each one, it’s likely that you’ll be denied disability benefits and have to go through the extremely long appeals process. In part one of this article, I explained first four types of compensation claims. Today I’ll focus on claims for non-service-connected pension benefits, 1151 claims, DIC and accrued benefits, and “CUE” claims.
VA Benefits: Types of VA Compensation Claims
VA Compensation claims are the on the most common type of VA claims. Unfortunately the VA and our government have made the process of attaining VA benefits long, difficult, and incredibly complex, leading to uncountable denied veterans claims. Many veterans haven’t even been told that there are seven different types of compensation claims, and that the way you prove that you deserve benefits in each case is not the same.
Here is a description of each type of compensation claim in detail so that you can avoid becoming another statistic for denied veterans claims.
Veterans Disability Claims Process – What’s Determined in a VA Disability Decision
Part of the veterans disability claims process is filing a claim with your Regional Office. After a lengthy processing period that averaged 127 days back in 2006 and has only gotten worse, the VA will make a decision on your claim by examining three main issues: whether or not your disability was connected to your service, your percentage of disability, and the effective date of eligibility. If you are denied veterans benefits based on any of these issues, don’t worry – you can appeal. But first it’s important to understand what the issues entail so that you go into your appeal armed and ready to fight for the compensation you deserve.
How to Deal With Denial of Veterans Disability Claims
Denial of veterans’ claims is happening more and more with an overburdened and undertrained VA workforce. Because the claims adjudicators don’t understand how the veterans’ claims process works, many claims are incorrectly denied and end up being appealed and ultimately overturned. In some ways, this is good news for veterans, but if your VA claim is denied, it can lead to a lengthy and complicated appeals process where you need an experienced veterans benefits attorney on your side.
How Long Do VA Claims Take to Go Through?
Unfortunately, the Department of Veterans Affairs takes a very long time when processing VA claims. In 2006, the average time to process a VA claim through regional offices was 127 days. More than four months! How horrible would it be to wait four months only to be denied veterans benefits?
This isn’t a new problem, either. A VA employee testified to the GAO about veterans claims in 2002, saying that it was a long-standing issue and that “this isn’t a problem that snuck up on them.” The VA is well aware that veterans of World War II are dying at a high rate while they try to wait out delays in processing their VA claims.
What Are the Elements in Successful VA Compensation Claims?
Successful VA compensation claims are comprised of three parts. Many veterans don’t really understand these different elements and are consequently denied veterans benefits and forced to endure the lengthy appeals process, but you can save yourself a lot of time and heartache by knowing what you need to do ahead of time. What are these three elements?
Veterans Disability Benefits: VA Compensation vs VA Pension
Veterans Disability Benefits
What is the Difference between Compensation and Pensions?
If you are filing a claim for veterans benefits, it’s important to understand the difference between compensation and pension as determined by the VA. Once you know which category you fall into, you can visit the Veterans Affairs website to get a better estimate of how much you can expect if your claim is approved. They have two main rate tables that are used to pay benefits to veterans, one for compensation and one for pension. Under certain conditions, the widows and children of disabled veterans are also eligible for compensation and pensions.
How to Get Started in the Veterans Disability Claims Process
How Do I Get Started with the Veterans Disability Claims Process?
The Veterans Claims Process can be complicated, and as a result, many veterans don’t obtain the benefits they earned. If you served our country as a member of the US armed forces and were impaired as a result, either physically or psychologically, you deserve compensation for your sacrifice. If you feel overwhelmed or confused by the process, you should consider working with an experienced veterans benefits attorney. He or she can ensure that you are following the Veterans Claims Process correctly in order to have a better chance of getting your veterans benefits approved.