In certain situations, the VA will provide veterans benefits for a disabled veteran who was forced to give up career opportunities while they were in service during war time. These benefits are designed to compensate the veteran for the resources that they would have built up had they not been called on to serve their country in active duty. In many cases, their career advancement was significantly hindered by their service. Because of this, they may have a very difficult time fully supporting themself now that they are fully disabled.
Category: Veterans Disability Benefits
Why Is Evidence of a Nexus Important for Successful VA Compensation Claims?
Making successful VA compensation claims is dependent on several factors including – and perhaps most importantly – establishing a service connection or “nexus” between a veteran’s current disability and a precipitating incident during the veteran’s period of military service. The main cause of denied VA claims is a lack of medical evidence used to provide proof of this nexus.
The VA does its part to make sure veterans are aware of the need for medical evidence supporting their disability claims. If a veteran’s records do not include medical documentation, the VA will work to provide a medical opinion for the veteran’s case.
VA Disability Backlog Pushes 900,000. How Does This Affect VA Claims?
A sobering statistic: there is currently a nationwide backlog of nearly 900,000 VA claims with 65% of these claims left pending for more than 125 days. This is very bad news for veterans – worse is the fact that the current error rate in VA determinations is 16%.
Why so large a backlog? Experts estimate that the number of VA claims has increased by 48% since 2008. In fact, the number of backlog claims will most likely exceed 1.2 million by the end of 2012. This growth could be due to a number of factors, not least of which includes VA short-staffing and poor training of VA benefit policy decision makers.
Non-Service-Connected Disability Pension Veterans Benefits
An Overview of Non-Service-Connected Disability Pension Veterans Benefits.
In certain situations, the VA will provide veterans benefits for a disabled veteran who was forced to give up career opportunities while they were in service during war time. These benefits are designed to compensate the veteran for the resources that they would have built up had they not been called on to serve their country in active duty. In many cases, their career advancement was significantly hindered by their service. Because of this, they may have a very difficult time fully supporting themself now that they are fully disabled.
What Are the VA Compensation Claims Rules for PTSD?
While all VA compensation claims for posttraumatic stress disorder (PTSD) must meet the three basic requirements for service connection in section 1154(b), there are some special variations that apply to these cases. In the case of Pentecost v. Principi, the Court of Appeals for Veterans Claims established that a service connection for PTSD requires:
VA Claims Process: How a Veteran’s Statement Is Analyzed
A Step by Step Application of How a Veteran’s Statement Is Analyzed. Once someone has established their position as a combat veteran, the next step in the VA claims process is for the VA to analyze their statements and make sure they meet certain conditions. If these conditions are met, the combat veteran’s lay statements regarding the injury or disease will be accepted. In order to analyze these statements, the VA will go through three steps.
STEP 1: The Combat Veteran’s Evidence Must Be Satisfactory during the VA Claims Process
Veterans Benefits: Difference between Compensation and Pension
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.
VA Claim Process: Did Incident Occur While Engaged In Combat?
How Do You Know If an Incident Occurred While “Engaged In Combat”?
It’s already been established that combat veterans who attempt to get their in-service injuries service-connected are not required to provide as much evidence throughout the VA claims process as a non-combat veteran would. Because of this, it is absolutely critical that the VA accurately determines whether or not the event happened while the veteran was “engaged in combat with the enemy.” But how do they make this determination?
Are There Special Rules that Govern VA Compensation Claims for Combat Veterans?
When combat veterans make VA compensation claims, they tend to have a much less difficult time getting their injury or illness service-connected than non-combat veterans. This is because VA law makes it significantly easier for combat veterans to prove that their disability occurred or was aggravated during service, thereby lowering the chances that they will be denied veterans benefits.
Unlike other veterans, a combat veteran doesn’t actually need to show facts to prove that their disability stemmed from a service-related incident. They just have to make a claim that shows to be consistent with the circumstances and conditions in which they were deployed. In almost all cases, their statement that the disability occurred from a combat incident will be considered as fact. The only way anyone can even dispute them on this is if they provide “clear and convincing evidence to the contrary.”
Can a Preexisting Condition Noted on Entry into Service Be Eligible for VA Claims?
When the VA is making a determination about whether or not an injured veteran’s VA claims are valid, one of the first things they will do is look at the veteran’s medical records from the time they first entered the service. In some cases, the veteran already had a disease or injury before they even began their military career. This will have been noted on the veteran’s records, and acknowledged by the veteran to whom they apply.
Any VA disability attorney should note, however, that this does not necessarily preclude the veteran from receiving compensation for those same injuries and diseases that they entered into their military service with.