I want to talk to you today about something that I’ve touched on in some other articles in the past. But, I feel like it is so important to so many veterans and so many claims that it deserves a full discussion.
Are you getting the full amount of VA benefits that you should be getting?
Recently, we won a claim on appeal for a veteran and received the decision. We reviewed the code sheet and the ratings decision. Both indicated that this was a “full grant” of the benefits to the veteran.
The first thing I do is question that assertion. Is it really a full grant of benefits?
What does a “full grant” of VA benefits really mean?
A full grant of VA benefits is nothing short of everything that you are seeking or that you are entitled to under the law. A full grant is not what the VA thinks you should receive.
I see way too many times where VA tells the veteran that it is a full grant of benefits when it really is not. But, more importantly, how do you know if this is a full grant or it is something that is only a partial grant that you should appeal?
What types of things should you be looking for in the decision from VA?
One of the things I always look at is the effective date for the rating. Effective date can be easy if there is a clear date for the application for benefits.
How can the effective date be wrong?
Suppose you applied on August 1, 2013 for a 50% rating for your disability. Then, VA issues a decision granting a 50% rating with an effective date of August 1, 2013. That would be a full grant of benefits.
But, what if the VA only awarded you 30% as of August 1, 2013 and increased it to 50% as of August 1, 2016? That is what we call a staged rating. You get one rating for a certain period and a different rating for another period.
If you feel you were entitled to the 50% rating all the way back to the date of your application, you need to appeal that issue. You should not accept the statement from VA or except their statement that it is a full grant of benefits.
Another way VA can mess up the effective date is to award you a single rating but not go all the way back. Take the following example:
You apply for benefits for a 50% rating going back to September 1, 2014.
VA grants your 50% rating but only awards you benefits going back to September 1, 2015.
You received the rating percentage for which you applied. But, VA did not award you benefits for the whole time for which you applied. You probably need to file a notice of disagreement and appeal in this situation.
Can the rating itself be wrong as well?
Another main point is the actual rating itself. Most veterans focus on this. However, it is not always as easy as it seems to notice when VA makes a mistake.
VA’s ratings are complex. Each condition has its own rating rules. I have written a number of articles about how VA rates different medical conditions such as the following:
In reviewing the rating, you need to determine if VA granted the right rating based on your current condition. Even after you do that, you may have to deal with the staged rating situation I mentioned earlier. If VA said you were 30% for two years and then 50% after that, you will need to determine whether VA is right.
Many times, VA is not right. If you should have received a 50% rating for the whole time, you will need to file an appeal. So, be sure and examine the ratings carefully.
What if I am not sure whether I received a full grant of benefits?
I know that VA decisions can be difficult to understand. In fact, the whole VA claims process can be very confusing.
If you are uncertain whether you received all the benefits you should, I would recommend you talk to an attorney. Our firm provides free veterans disability benefit consultations. Many veterans find that this process helps clear up their questions about a VA decision.
Setting up a free consultation only takes a couple of minutes. You can do it in one of two ways:
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 highly recommend Travis and his team. From start to finish, the communication and professionalism were outstanding. Jessica was absolutely amazing — responsive, knowledgeable, patient, and always willing to help answer questions and keep me informed throughout the process.
Travis was also excellent and made me feel confident that I was in good hands. Their entire office treated me with respect and care, and I truly appreciate everything they did for me. If you’re looking for an attorney and legal team that genuinely cares about their clients, I would definitely recommend them.Carlos Thornton
Travis Studdard and his team were always professional and from intake to case resolution, they were extremely pleasant to work with. After working closely with them for roughly six years, they successfully appealed my sleep apnea claim with the VA. At times I thought about giving up, but it was their diligence and confidence in their approach that gave me the ability sustain. There were no surprises, they led me by hand every step of the way. My family and I are truly appreciative for their great work. His team truly cares and it shows. They will fight to the end for veterans. I couldn't be happier with the results.James
I had the pleasure to be helped by Travis and his team on my VA disability claim. They know what they are doing, and I would definitely work with them again. I recommend them to any veteran that has a wrongfully denied claim with the VA...Joel Onomo
Travis and his team helped me get my case done when I couldn't get it done by myself.Everything went much faster and better than I expected.I highly recommend his team for any veteran trying to get a claim processed. Norman Scott,U.S.Army veteranNorman Scott
Jason Perkins and his team are so kind, knowledgable and helpful. They were thorough with all my legal needs and made sure my medical needs were taken care of financially. What I most appreciate is that he was always very clear about what was best for my case, but he also always told me I needed to do what was best for me, both mentally and physically. He was always available to answer questions, made sure I understood, and was willing to let me make decisions regarding my case. His ethics are beyond reproach. He would not take a percentage of a payment he did not help me receive. You can trust him. He always made it clear that my mental and physical well-being were more important than any part of my case. Then he would explain what would be best for the case and why, and allow me time to decide. Being in the Worker's Compensation system was an incredibly demeaning experience. I am a strong, educated woman, but when everyone in a system tells you that you are not worthy of the care you have received your entire life, and you instantly become less than to many of those who are suppose to be caring for you, it would weigh on anyone. I am so thankful I had Jason and his team fighting for me, getting me things I never would have imagined would be denied, like a second opinion before surgery, or physical therapy instead of opioids. I cannot imagine trying to handle this experience by myself.Andri Pilgrim
Would definitely recommend 10/10! The team was super helpful through the entire process, and always were available for questions anytime I needed. Always quick to respond, and we’re always sweet and professional!Haley Nicole
Perkins Studdard LLC has been wonderful to work with from the first day through the final journey. They were prompt in requesting the information from me so they could appeal my claim with the VA. I had exhausted all means trying but they were able to get me to 100%. I would "HIGHLY" recommend using them if you are having difficulty getting anywhere with the VA.Mike Black
When i found this law firm I was going through a hard time not just with the VA but mentally as well. And after i hard denial i reached out to Travis and let me just say that was the best decision of my life. From the first call i knew i had made the right decision they are nothing short of amazing. Shoutout to Jessica and Chandler they both helped ease my stress and make the process so smooth it felt really good to be heard. My only mistake was not reaching out to them sooner. Thank you all so very muchRilesia Singleton
Perkins Studdard LLC has done for me what VSO, the DAV, and I could not do on my own. For 10 years after my last rating the VA was bound and determined to keep me at my current percentage. My body was tired physically and mentally. I needed help that the civilian world was not going to let me stop work for. I contacted Perkins Studdard and worked with Jessica and Travis. To tell you what I ever hoped for was greatly exceeded. I am able to now properly heal since 2007 when I was medically discharged. I promise when we feel like we are forgotten you have people like Travis and Jessica that work hard for you to make sure you are not. Their policy on pay is exceptional and even when I got aggravated they understood how to keep me calm and helped my patience. I think the VA does not like to see them coming. I got the holy grail, home run, I can breath decision I needed. Let them help you!Lisa Jordan
I have enjoyed my experience with Perkins Studdard. The team is always available to answer questions and make me feel comfortable, and like I matter. Did a great job with my VA Disability.Matt Strange
I understand you want your VA claim to be done as quickly as possible. But remember the ultimate goal – to win your VA disability compensation claim.
You may eventually get there on your own, but it may be after a series of decisions by the Regional Office and Board of Veterans Appeals. Sometimes claims are appealed and remanded several times, which can cause a claim to drag on for years. If you are interested in avoiding unnecessary delay in your claim and want to do everything you can to maximize your chances of success, it is probably a good idea for you to consult with an accredited veterans disability attorney.
We would be happy to talk to you. If you would like a free consultation with our Perkins Studdard veterans disability attorneys just click here or give us a call to begin the process.
