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.
This is a great group of people who really care about your well being. They all treated me as though I was family and helped me with my work comp case in more ways than the average would have.Thank you Jason and Thank you Tina! For doing an awesome job.
I am a Veteran of United States Air Force and was awarded my first 30% in 1996 and have been fighting for my rating for 26 years I came to Perkins and Studdard in 2019 while my mom was in a terrible incident and was given to much anesthesia and through GODS Grace she was spared her life, She is disabled since 2018 and I have been struggling with my life and issues and yet I didn’t call the law firm every 10 minutes or call being rude anytime, I mentioned this as I got to know Jessica more than just a phone call and Mr Studdard was always available when not working on other cases or in court, They always called back and Never had to do a call back, My Review is Simple in Life there peaks and valleys and it doesn’t stop because you have issues, Perkins & Studdard took my case in 2019 in 2021 I received my 100% from VA, I Was Never Rude, I was Never Promised Success, I Was Never Lied too and I was Always Treated with Respect, Friendliness, and Kindness the Real Stuff not a (Money Thing) If You want a firm that Cares about the Client and will work on your case even through a pandemic, Will not lie, will not promise anything will communicate your case and will Give you their Best ALWAYS THIS IS THE Best Law Firm for VETS HANDS DOWN Perkins and Studdard THERE IS NO OTHER 100% we had 5 calls Total Case That’s Taking Care Of Business
Jason and his paralegal Lisa were on point and on top of their game when it came to handling my worker's comp. injury case. I tried going it alone and the insurance carrier pushed me around. They denied extra physical therapy. They denied injections the doctor recommended to ease my pain. When I turned my case over to Jason things turned around, QUICK. They were at all times attentive and on top of my case. I cannot recommend Jason and his staff enough. If you are hurt at work, this is the firm you want on YOUR side.
Jason Perkins, was my lawyer in a workers comp. case, my case has settled now, and I am very happy for all Jason and his office hard work on my case, he was always there to help me out with any questions that I had or help I needed. Jason is a excellent lawyer and if I ever need another one I would only go to Perkins,Because I believe they would be able to help me in any situation I am in need of..
I recommend Perkins Law Firm. Everyone I came in contact with there was very nice. Kim was very helpful and any time I had a question she made sure I got an answer. Ann Margaret really took the time to explain things to me.
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.
