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.
The care, knowledge and professionalism shown by Jason and Tina of Perkins Studdard were beyond reproach. I was informed and updated through every phase of the process and the overall outcome was to my advantage. I highly recommend that if you ever have the need for a workman's comp or VA compensation attorney, Perkins Studdard are the ones that you need to call hands down. True concerned knowledgeable professionals.S Oz
Extremely happy, after many years of uncertainty.
Very thankful for all their support helping me get what I deserve! From the VADibujando con FJ
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I had an excellent experience working with Jason Perkins at Perkins & Studdard on my workers’ compensation case. Jason was professional, patient, and truly cared about helping me. He made sure I understood every step of the process and worked hard to get me a great settlement. I’m very thankful for everything he did for me. If you need a workers’ comp lawyer, I highly recommend Jason Perkins and the team at Perkins & Studdard — they really go above and beyond for their clients!Cosmic Energy
Amazing work by an amazing firm. Mr. Studdard has personally explained to me what is going on with my claim and how he will move forward on getting things done. He has always been available to speak. Jessica Hyatt is also a pleasure to work by keeping me up to date on the claim and also letting me know what is needed from me. This firm is professional, effective and definitely client friendly.Richard Moreno
I highly recommend this law firm it’s truly been a blessing to me and my family . The attorneys treated me very well very respectful they listen to me. They understood how important this was to our family. They answer all our questions they return calls to us. They explained everything in detail to us.I know that it was because of the law firm that we received a quick decision from the VA which our claim was granted.Tanya Henderson,Hawkins,Wilson
I highly recommend Jason and his staff. His professionalism and experience proved to be very valuable in helping my case. He is very knowledgeable in his field of work.Eric Bowles
Travis has an amazing team, when I hit a brick wall with my case, he immidiatly gets on board to get to the finish line. 80% to TDIU in about 3 months.
Additionally, working with Jessica has been an absolute pleasure, she is a strong part of their entire team.
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What can I say about Travis and Jessica besides thank you from the bottom of my heart. You two worked hard for me. I had no clue when it came to the VA and was about ready to just give up, but with your help and support we made it to the finish line. Yes, it took a couple of years, but it was worth it in the end. If anyone is looking for help with working with the VA these are the people that can do it for you. The VA tried to pull a fast one on me, but Travis was faster and called them on it and they backed down. Thank you both again for everything you did for me and thank you for what you do for all veterans everywhere.Tony Butts
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.
