38 CFR § § 4.26 Bilateral factor. When a partial disability results from disease or injury of both arms, or of both legs, or of paired skeletal muscles, the ratings for the disabilities of the right and left sides will be combined as usual, and 10 percent of this value will be added (i.e., not …
Month: September 2019
What is a Deferred Decision in a VA Disability Claim?
A deferred decision in a VA Disability Claim just means that the decision is delayed. Usually it is delayed for further development like ordering an exam for the condition that is deferred. For instance, when you filled for benefits, you may have filed for VA Disability Depression, Back Pain, Headaches, and bilateral(both left and right) Hip Pain. The …
What is a Veterans Disability Claim? What Amount of Benefits Is Paid?
Veterans disability claims can result in monthly payments made to a veteran to compensate them for a service-related disability, whether full or partial. They are not automatic. A disabled former service member must apply in order to receive the benefit. Who Qualifies? United States veterans of any branch of the military are qualified to apply; as …
The Top 4 Reasons to Get A VA Disability Claims Representative
It is not uncommon to hear people ask the question: “Why should I have representation in handling my VA claim?” The answer boils down to a simple premise: because the claim process can be extremely maddening. The VA disability claims process is intended to be non-adversarial. For the most part it is. Some people can …
Veteran’s Total Disability Due to Individual Unemployability Claims
Veterans may qualify for payment at a 100 percent rating if they meet certain criteria and are unable to work due to their service-connected conditions. This is called Total Disability due to Individual Unemployability, which is often shortened to TDIU or even just IU. For a veteran to qualify for Total Disability due to Individual …
Determining the Effective Date of your VA Disability Claim
One of the most contested issues in VA disability claims revolves around the effective date of a disability. Many veterans believe that because their current disability is directly caused by an in-service event or occurrence, the effective date of their disability claim should be the day after they leave the service. Unfortunately, many are disappointed …
The Importance of Lay Evidence in Your VA Disability Claim
What is lay evidence? One of the most powerful tools to use in building a VA disability claims case is “lay evidence.” Representatives often obtain lay evidence in the process of building up a veteran’s claim—in fact, it is often one of the starting points. It tells the VA and the representative, exactly what the …
What Can I Expect During An Informal Conference For A VA Disability Higher Level Review?
When a veteran appeals a rating decision he or she can opt to have a Decision Review Officer (DRO) review the appeal in what is called a Higher Level Review(HLR). The veteran can elect to have an” informal conference” as a part of their HLR. This gives the veteran or their representative a chance to …
Which Medical Conditions Should I Claim for VA Disability?
While the VA uses complicated medical terms and specific diagnostic codes you are not required to use the terms or codes in your claim. You should focus on any condition that was caused or aggravated because of an event or exposure in service. Your representative will be able to assist with the proper way to …
What Is A “Condition” and How Do I Claim It For VA Disability Compensation?
A condition is any physical or mental health problem which can be rated for severity and may or may not be compensable by the VA. Through speaking to your VA representative and filling out the right forms, you may request “Service Connection” for your conditions. Examples of conditions that may be service connected include such …
Why Is My VA Disability Rating Codesheet Important?
When a veteran receives a disability claim rating decision from the VA a rating codesheet is also created for that decision. A VA disability claim rating codesheet provides information on a number of important matters to a claim. A VA rating codesheet includes the following information: · The name of the attorney, claims agent or …