Eleven Things You Should Know About Veterans Disability Benefits

bg Many veterans find the VA and the process of filing for veterans disability benefits confusing.  We know that it can be confusing and would like to help clarify the process a little bit.  Here are eleven things you should know about veterans disability benefits.

1.  You must use VA’s forms to file for disability compensation benefits

VA changed its regulations in 2015.  The new regulations require you to use standard forms that are published by VA.  If you do not use the right forms, VA will probably deny your claim until you use the right forms.

2.  If you receive a rating decision from VA, you have one year to file a notice of disagreement

VA often denies veterans applications for disability compensation benefits.  Even when they do not completely deny the claim, they often assign an incorrect rating or the wrong effective date for benefits.  To appeal VA’s rating decision, you need to file a notice of disagreement.

3.  If you have more than one service-connected disability, VA math does not work like regular math

VA has special math that it uses when you have more than one service-connected disability.  While you would think that a 30% rating for a back condition plus a 30% rating for PTSD equals a total rating 60%, VA math will usually cause it to equal 50%.

4.  If you served “boots on the ground” in Vietnam, many conditions like diabetes, heart disease, Parkinson’s disease, and certain types of cancer are presumed to be caused by your military service

Most veterans who served in Vietnam are presumed to have been exposed to Agent Orange during their military service.  VA presumes that certain medical conditions are caused by that Agent Orange exposure.

5.  You cannot appeal a remand from VA, but you usually can improve your case

If you appeal VA’s rating decision, one way that you can be successful is by getting your claim remanded by the Board of Veterans Appeals or the Court of Appeals for Veterans Claims.  A case is usually remanded because VA made some error in your case.  This does not necessarily mean that you win your case.  Many times, it gives you an opportunity to improve your case by presenting additional evidence to VA.

6.  Like Vietnam veterans, veterans who served in the Gulf War are entitled to a presumption that certain diseases were caused by their military service

VA established presumptions that fibromyalgia, chronic fatigue syndrome, and certain other medical conditions are presumed to be connected to a Gulf War veteran’s service.  This presumption means that a Gulf War veterans will not have to prove that these conditions are service-connected.

7.  Veterans with service-connected traumatic brain injuries (TBIs) receive a presumption that certain other medical conditions were caused by the TBI

Secondary conditions are conditions that are related to a service-connected condition.  VA established by rule that certain conditions which develop are presumed to be secondary to a TBI.  Those conditions include depression, seizures, dementia, symptoms of Parkinson’s disease, and certain hormone deficiencies.  Whether the presumption applies depends on the condition and the severity of the TBI.

8.  You can get a 100% rating through total disability individual unemployability (TDIU) even if VA math does not add up to 100%

Many veterans have serious service-connected conditions that cause them to be unable to work.  In some situations, these veterans can prove that they are unemployable and qualify for a 100% rating using TDIU.

9.  Veterans can qualify for additional benefits using special monthly compensation

Special monthly compensation is payable in addition to the regular benefit that the veterans would receive.  Among other things, it can be paid for loss of a limb, loss of sight or hearing, and aid and attendance.

10.  You can get a free consultation with a VA accredited attorney to answer your questions about VA benefits

Many people have questions about veterans benefits.  We are happy to provide you with a free consultation so that you can get answers to your questions.

11.  Our VA accredited attorney’s will often represent you for free if you are filing an initial application for benefits

We can represent you on an initial application or an appeal.  If you decide you need help filing an initial application after talking to us, we will often agree to help you file that initial application for free.  Sometimes, our free representation can result in a significant recovery for you.

remand

Travis Studdard is an attorney who focuses on representing veterans in VA disability compensation claims.  He regularly writes about issues that are important to veterans and their families.

You can subscribe to his Veterans Disability channel on YouTube.

I could not have asked for a better lawyer to represent my worker comp. case. Any questions I had during the process was always answered in a timely manner. Mr. Perkins really cared about insuring that I wasn't being taken advantage of during this process and helped us reach a settlement that I feel comfortable with. I would recommend this firm to my parents or children.syndel Laber
I'm so thankful and grateful for all the hard work Jason, Tina and Liz did for me. They went above and beyond to get the best outcome for me. They took the to explain everything that was going on with my case again I'm so thankful grateful and happy with the outcome of my workers comp case.Adrian Adams
First off, I must say thank you again to the office of Perkins Studdard. I appreciate all the hard work and dedication your office has shown to achieve a successful and happy outcome. You have forever changed my family’s life! Also, I wanted to give a special shoutout to Jessica Hyatt for her excellent attitude, advice, and overall professionalism throughout every step of this process. This journey has finally been complete after more than a decade of being denied and almost giving up. However, two of my old coworkers advised me that the office of Perkins Studdard had also successfully helped them achieve their proper rating too. Needless to say, this has been one of my best decisions in life. I can now sleep a little better and stress free knowing I finally got what I deserved all along. Once again, thank you for everything! And shoutout to Travis Studdard, “we did it.” Respectfully, Jonathon FloresJonathon Flores
My family and I are so grateful for Jason Perkins and his team. Jason explains thing's to detail and walks you through every step of your case. I would highly recommend Perkins Studdard for your legal needs. Thank you so much Jason and Tina!Chapin & Lea Anne Warner
The best I know for workers comp attorney'sDenise Williams
Jason really has helped me so much through this hard experience I have went through! And the ladies in the office was wonderful with any and everything I had questions about! I highly recommend using this lawyer office to everyone and Jason Perkins for sure!! Thank y'all for everything and making it easier to get through this long though experience! James HammittJames Hammitt
Thank you so much ! I received excellent representation from the entire Perkins Studdard Law firm, my VA claim was resolved and granted in a timely manner, they were hands on with me during the entire process. I would definitely recommend the firm to any veteran deciding to file a VA claim.Darrell Lynn
I would like to thank the law firm of Perkins-Studdard (Travis) and his team, for performing such an outstanding job, at every possible level, during my recent situation with the VA Disability Claims . From the first time I called and spoke with Mr Studdard with an overview of my situation, until the final settlement was executed (successfully I may add), I always felt that I was in good hands with this firm. Everyone in the office, Jessica, and April were responsive, approachable, knowledgeable, good listeners, and extremely professional. Mr. Studdard was realistic of the circumstances and of the potential difficult process that would lay ahead, should I proceed. I can’t say enough about Travis, and I will always be thankful to him. Travis was committed, and he instilled a real sense of confidence during both the highs and the lows. He ultimately prevailed and the outcome was very much in my favor. Of course, each case is different on its own merits and one can never predict how things ultimately will turn out. All I know is that the settlement far exceeded my expectation. Mr. Studdard has been a blessing to me. I strongly recommend that anyone who would find themselves in a similar legal situation with the VA to contact Law Offices of Perkins Studdard for a consultation. It was a very positive experience given the circumstances. Thank you again, I shall forever be in your debt.Concetta Hogg
Mr. Perkins, I cannot express enough how thankful I am for your exceptional representation. Your hard work, expertise, and unwavering commitment to my case have left an indelible mark. Thanks to you, I can now move forward with my life, confident that justice has been served.Esli Roque
Travis and his team have been a blessing for me and my family. They have done an amazing job in helping me navigate the VA appeals process. They kept their eye on the ball all the way through the long, difficult and confusing process. I highly recommend Travis and his team because thanks to their professionalism and know how, I got the benefits I deserve.Daniel patriot

Related Posts

Contrast:

Font Size: