VA compensation, also known as service-connected disability isn’t based on income. Therefore, you can receive VA compensation as well as Social Security Disability at the same time. A separate program known as a VA pension is available to veterans with little or no income and are disabled. Therefore, it’s possible to receive both SSI and VA pensions at the same time.

The major differences between Social Security Disability and Veterans Disability lies in the fact that no disability is necessary to qualify to VA compensation. Most veterans who qualify for VA compensation aren’t considered totally disabled using the VA’s 0 to 100 percent ratings scale. Veterans who are disabled, but are initially denied for compensation, can still establish a service-connected disability that will likely become a more serious program and something for which they’re eligible for compensation. Under SSD, however, there’s no allowance for a partial loss of employability. Quite simply, under this program, you’re either considered disabled or not.

Another major difference between SSD and VA disability programs is the fact that the opinion of claimant’s physician – which is known as the “treating physician” – is given heavy weight in an SSD claim and can be the difference between winning and losing. In contrast, VA law doesn’t give a particular physician extra preference, given the fact that a doctor treating a patient might work for the VA.

Many veterans wonder whether getting benefits in one program may help their case when it comes to securing benefits in another. While that situation differs from one individual to another, getting a high rating assigned by the VA – for example, more than 70 percent – does translate into better chances at prevailing on an SSD claim. The main reason for this is that while VA only considers service-related disabilities, SSD claims take into account all impairments.

Courts have ruled that the link between a VA finding and a claimant’s ability to secure employment are great, VA disability ratings are to receive preferential weighting. In contrast, someone disabled under SSD rules may not receive favorable weighting from the VA because there’s no way to know whether the disability is service connected. Because of this, some veterans hire what are known as vocational experts to document their inability to perform certain jobs because of their disability. It’s also important to remember that although a decision on an SSD claim is given no deference, the VA is required to consider SSD records in any disability claim.

The process begins with an application and eligibility verification, which includes confirmation of the diagnosis of the condition you’re claiming. Once the diagnosis is complete and all required information is gathered, a ratings veterans service representative takes over your case and will make many key determinations that will ultimately determine your benefit award.

In the Veterans Administration system, ratings are assigned to signify the severity of a condition and what it may represent in terms of lost income. The scale runs from 10 to 100 percent, climbing in 10 percent increments, with 100 percent representing total disability.

Upon receiving all your information, a ratings veterans service representative will use a combination of their experience, training, education and a variety of reference sources to determine your rating.

Generally, if a single condition is at the heart of a claim, the process is much more simple. For example, if a knee is injured in a fall during training, the RSVR will attempt to determine the range of limited motion and designate a disability percentage that likely ranges from 10 to 40 percent.  However, when multiple conditions are involved, the VA does not arrive at a total by simply adding the different percentages of disability together. Rather, the examiner will use a special table, known as the Combined Ratings Table to arrive at an accumulated rating.

When determining whether or not a veteran is capable of gainful employment, the VA looks to see whether a veteran has a disability or set of disabilities that prevent them from seeking or maintaining gainful employment. Even veterans that have a 100 percent rating due to individual unemployability may be allowed to pursue part-time employment since the IU ratings prohibit “substantially gainful employment.” Gainful employment is considered to be full-time, year-round work that generates an income exceeding the federal poverty threshold.

A common question we receive concerns the impact that a gift or inheritance has on a veteran’s IU compensation. The simple answer is that disability compensation isn’t subject to any income or means testing. It’s made solely on the basis of a veteran’s condition and his or her resulting degree of disability. As long as any income isn’t the result of substantially gainful employment, it’s not factored into your benefits.

For starters, appeals can only be taken on final decisions by the agency of jurisdiction, which is usually the regional office. It’s also important to note that proposed benefit reductions aren’t final decisions and can’t be appealed until a final ruling has been made.

While almost anything in the regional office’s final decision can be appealed, the appeal process must be started within one year of the original notice date or the decision becomes final and cannot be appealed. Also, medical decisions cannot be appealed to the regional office.

Before starting the appeals process, review the narrative of the final decision, which will explain why the decision was reached. Review it to determine whether the decision can be overturned by simply supplying missing evidence, such as a doctor’s diagnosis of a claimed condition. If the claim is denied for new and material evidence, that is the only issue that can be appealed. In this context, “new” means the evidence has not previously been considered and is not already part of the matter’s record. Once a claim is reopened, the VA then has to determine whether or not it can be granted based on all evidence.

Claims may be originally denied because the applicant didn’t successfully prove their disability was related to military service. To prevail on an appeal of this issue, a probative medical opinion must be supplied that demonstrates a link between the claimed condition. Generally, the opinion of anyone other than a licensed physician will have no impact. There must also be a definitive diagnosis given that substantiates the disability. While the Board of Veterans Appeal sometimes applies regulations, statutes and court precedents liberally, you must almost always supply definitive information proving a link between a disability and military service.

Generally, the first step in an appeal is a review by a decision review officer who did not participate in the decision being reviewed. A hearing by a DRO can take place either in-person or video conference. Also, the applicant has the option to not appear at the hearing. All evidence in your record, along with applicable law, can be considered by a DRO. Also, a DRO can only increase, not decrease, your rating unless there’s clear evidence that your previous higher rating was an error.

It’s important to note, however, that you may waive the review by a decision review officer and opt to take your case before the Board of Veterans Appeals. You can also ask the VA to mail you a statement of case form  that describes the facts, laws and regulations that were used in rendering your decision. To appeal to the BVA, you must file VA Form 9 within 60 days from the mailing of the statement of case form or within the one year appeal period.

Finally, you also have the right to a personal hearing before the BVA prior to its decision on your appeal. You may appear before a Veterans Law Judge in Washington, request an in-person hearing at a regional office when a judge is scheduled to hold hearings there or participate in a videconference hearing before a judge, which gives you or your representative the chance to present your side of the case and ask the judge questions. It’s important to note that the best option is to retain a professional to represent you before the BVA. Many service organizations have representatives at regional offices that can assist with appeals.

The BVA may take one of several actions. They can either:

• Grant the claim and award the benefit

• Uphold the regional office decision and deny your claim

• Remand the case back to the regional office to correct any errors

If you disagree with the BVA’s decision, the next step is to appeal to the U.S. Court of Appeals for Veterans Claims. A notice of appeal must be filed within 120 days of the board’s decision and there’s a $50 filing fee, although this fee is waived in some cases. You will be required to retain an attorney, although some service organizations will also represent you. At this step, no additional evidence can be submitted; the court will only discuss whether or not the interpretation of the law or its application was valid at the time the BVA made its decision.

Following this level, any appeals must next go before the U.S. Court of Appeals in Washington, D.C., followed by the Supreme Court. Be aware that cases that have reached these two levels have often taken a decade or more.

Basically, any veteran with a service-related disability and who doesn’t receive a dishonorable discharge should file a VA claim. The actual benefit that a veteran receives will be determined in large part by the severity of their disability. Another important thing to remember about VA benefits is that they’re tax free.
An application for VA benefits is filed using VA Form 21-526, which is known as the Veterans Application for Compensation and/or Pension. In addition to the application, you’ll need to ensure you attach the following documentation:

• Discharge or separation papers (Form DD214 or an equivalent)
• Dependency records, such as marriage certificate and any birth certificates of dependent children
• Medical evidence, such as hospital or doctor’s reports

The most important thing to remember is that the proper forms and documentation must be filed to begin the claims process since you cannot be granted a disability, even if compensation is deserved without a claim. Make sure to fill out VA Form 21-526 to begin the process. If you need help, a number of national and local service organizations, such as the American Legion, Veterans of Foreign Wars and others can assist you.

For a military-related disability to be recognized, the VA must be able to verify that you were exposed to a severe or life-threatening stressor. This can be documented using a variety of forms, including VA Form 21-4138, Statement in Support of Claim, as well as DD 214 and DD 215, if you have them. Form DD 214, officially known as Certificate of Release or Discharge from Active Duty, as well as Form DD 215, which corrects any errors on a DD214, will document your service and verify any wounds or exposure to life-threatening stressors.

Other acceptable forms of proof include original award documents, newspaper articles about a traumatic event, letters to/from loved ones regarding traumatic events, statements from those who served alongside you and photographs that document a traumatic experience.

Military stressors should be documented in a letter detailing any helpful information you can recall, including the unit in which you served, approximate dates and locations, anyone who served along with you, the names and ranks of individuals killed or wounded and other relevant details. Family and friends can also help by writing letters detailing any changes they may have observed in your behavior or health. Letters from friends who served alongside you, and whose participation has been verified by the VA, can also assist the VA in documenting exposure to stressful events.

Part of the claims process involves meeting with a disability evaluator, whose job involves documenting the details involved in your claim. It’s important to speak with as much detail and candor to an evaluator as possible since that’s the best way they can get insight into any disabilities with which you suffer. It’s also important to acknowledge to the evaluator if you had a security clearance that prohibits you from discussing classified matters. This way, when missions are declassified, it can be established that you indicated in a disability evaluation that classified events had an emotional impact on you. Also remember that deaths of individuals in your unit, as well as the dates of death, are public information, even if certain details are changed for national security reasons. Inevitably, some will have concerns about the examination process, so it’s best to share those with your evaluator. While you want to speak in a straightforward manner, it’s best to remain calm and avoid any behavior that might be counterproductive to your claim.

If a disability is denied or a rating issued that is lower than you think is appropriate, contact your nearest VA regional office and ask for a copy of the evaluation on which the decision was based. Check to see if there’s any missing or inaccurate information. Also, review information describing your impairment for accuracy and a realistic characterization. Finally, closely read the ratings decision to see if the reasoning behind any conclusions is based on fact, or if there are any flaws made, such as truthful information being denied or discounted.

If you still believe you were unfairly denied after reviewing your evaluation, you have the right to appeal, provided your appeal is filed within a year of the initial decision. If you fail to initiate an appeal within a year, you have to start the claims process anew, providing “new and material evidence” that shows a link between a service-related incident, illness or condition and a current or chronic condition.

An appeal will result in a new look at the ratings decision and all the information in your claims file. You may not have to be reevaluated by a doctor if you have clear, convincing information in an appeal letter showing you were unfairly denied a disability rating or that your disability was underrated.

If you or someone you love has been denied veterans’ benefits, you have valuable legal rights. Please fill out our online form, or call 1 800 LAW INFO (1-800-529-4636) to discuss your case with one of our experienced veterans’ benefits denial lawyers as soon as possible.

After a VA Form 9 has been submitted, the VA will convene a “personal hearing.” You are allowed to have representation at this hearing, and it is highly recommended that you obtain an experienced veterans’ benefits denial lawyer for this proceeding.

If an appeal is denied, veterans have the right to another appeal to the United States Court of Appeals for Veterans Claims. This court is entirely independent and separate from the VA. Such appeals are extremely complicated, and if you have not already hired an attorney, it is recommended that you do so at this point.

A veteran is eligible for disability benefits if they sustain an injury or disease that occurred while on active duty. You may be eligible for veterans’ benefits if you have a service-related disability and you were honorably discharged, or discharged on other than dishonorable conditions. The amount of monthly veterans’ benefits depends on the severity of your disability. In some cases you may be paid additional amounts if you have suffered a loss of limb or limbs; you have a spouse, children, or dependent parents; or if your spouse is seriously disabled.

Determining the amount of benefits a veteran should receive is a complicated process. Veteran’s disability benefits are based on the establishment of a service-connected impairment and the assigned disability rating based on that injury. The rating reflects the percentage loss of use of a body part, and benefits will be based on this assessment.

One of the key problems facing many veterans is the fact that their VA rating does not reflect the true extent of their disability. There can also be a conflict as to whether the impairment is service-connected or secondarily related. This can be especially true for veterans facing mental health issues, such as post-traumatic stress disorder (PTSD), relating to their service.

Since June 2007, veterans have been allowed to retain an attorney after the first denial of benefits. If you or someone you love has been denied veterans’ benefits, there are remedies available to you. The veterans’ benefits denial lawyers at our firm will work hard to make sure the federal government honors your service to this country. We won’t stop fighting until you receive the veterans’ benefits the law says you deserve. Please fill out our online form or call 1-800 LAW INFO (1-800-529-4636) to speak with one of our experienced attorneys.

Parker Waichman Alonso’s veterans’ benefits denial lawyers serve clients all over New York, including Manhattan, Brooklyn, the Bronx, Queens, Nassau, Kings county, and Suffolk.

Parker Waichman Alonso’s veterans’ benefits denial lawyers also serve clients in Florida from our Bonita Springs office, in Lee, Collier, Hendry and Charlotte Counties, and in New Jersey (including Bergen, Hudson, Passaic and Essex counties, Englewood, Fort Lee) from our Hackensack office.