1-800-700-4174
Recent Blog Posts
Proposed VA Rating Reductions: Know Your Rights and How to Prevent Reduction
Veterans who receive Department of Veterans Affairs (VA) disability compensation often feel anxious at the prospect of a proposed rating reduction. A letter from the VA proposing to lower or eliminate a service-connected disability rating can be deeply unsettling, threatening not only financial stability but also the acknowledgement of a veteran’s sacrifices. However, understanding how VA rating reductions work, your due process rights, and the essential legal protections in place can empower you to respond effectively and safeguard the benefits you’ve earned.
Watch the video:
How VA Disability Rating Reductions Happen
A VA disability rating reduction can be triggered in several common scenarios:
-
Scheduled Reevaluation: For conditions expected to improve—such as cancers after treatment—the VA may schedule exams six months to a year after therapy. Missing these exams usually results in an automatic reduction, so attending is critical, even if you believe the reevaluation is unnecessary.
VA’s New IBS Criteria — Are You Missing Out on a 30 Percent Rating?
Irritable Bowel Syndrome (IBS) is a chronic gastrointestinal disorder characterized by a combination of abdominal pain, changes in bowel habits, and a range of disruptive symptoms. For veterans, IBS can deeply impact daily living, affecting everything from work performance to quality of life. Recognizing the severity of this condition among those who served, the Department of Veterans Affairs (VA) provides disability ratings and compensation for service-connected IBS. As of May 19, 2024, the VA updated its rating criteria for IBS, refining the standards by which disability benefits are awarded. This article explores the updated IBS VA rating criteria, evidence requirements, and strategic tips to help veterans receive the benefits they deserve.
Watch the video:
VA Disability Rating Criteria for IBS (Effective May 19, 2024)
VA disability ratings for IBS are governed by Diagnostic Code 7319. The newly revised criteria now clearly define how symptoms are evaluated and categorized. Under the 2024 changes, there are three possible ratings for IBS:
The Biggest Mistake Veterans Make When Filing VA Disability Claims: Insufficient Evidence
Filing for VA disability benefits can be a complex and daunting process. The stakes are high, as errors in the process can result in the loss of time, money, and crucial benefits. One of the most common and critical mistakes veterans make when filing their VA disability claims is submitting insufficient evidence. Insufficient evidence can derail your claim and prolong the process, leaving you frustrated and without the benefits you are entitled to. Understanding what evidence to submit and how to present it can significantly improve your chances of a successful claim.
Watch the video:
The Importance of Evidence
The VA won’t prove your case for you. It's up to you to provide adequate evidence to support your claim. But what kind of evidence is considered adequate? Let’s break it down into actionable steps:
Understanding the "One Disability Rule" for VA Unemployability (TDIU)
Veterans applying for VA Total Disability Individual Unemployability (TDIU) benefits often face confusion about required ratings and how multiple service-connected disabilities are counted. A common misconception is that only veterans with a single high-percentage disability are eligible for TDIU. However, several circumstances allow multiple disabilities to be considered as a single qualifying disability under what’s known as the "one disability rule." Grasping these details can make the difference between a denied and a successful TDIU application.
Watch the video:
TDIU Eligibility Criteria: Core Ratings Requirements
To qualify for TDIU, the Department of Veterans Affairs (VA) sets forth basic rating thresholds:
- One service-connected disability rated at 60% or higher, or
Navigating VA Form 21-8940: A Guide to TDIU Claims
Securing your well-deserved VA benefits can be a challenging journey, especially when it involves meticulous paperwork that must be completed accurately to avoid denials. One such critical form is the VA Form 21-8940, which plays a pivotal role in the process of obtaining Total Disability Individual Unemployability (TDIU). This blog will cover the intricacies of VA Form 21-8940—what it is, when to file it, and how to sidestep common mistakes that could jeopardize your claim.
Watch the video:
Understanding TDIU
Before embarking on the specifics of VA Form 21-8940, it is essential to grasp what TDIU entails. Essentially, TDIU provides veterans who cannot maintain substantial gainful employment due to service-connected disabilities with compensation at the 100% disability rate, regardless of their combined disability rating. The standard eligibility criteria require one disability to be rated at 60% or a combined rating of 70% with at least one disability at 40%. However, navigating this journey is far from straightforward, and the VA often requires veterans to complete the VA Form 21-8940, despite existing evidence in your file indicating unemployability.
VA Exams After TDIU: What They’re Really Looking For
Why Does the VA Schedule New Exams After You Apply for Individual Unemployability (TDIU)?
Total Disability Individual Unemployability (TDIU), commonly referred to as unemployability, is a vital VA benefit for veterans who are unable to maintain substantially gainful employment due to their service-connected disabilities. Qualifying for TDIU allows eligible veterans to be compensated at the 100% disability rate, regardless of their actual combined VA disability rating. Understanding why the Department of Veterans Affairs (VA) frequently schedules new Compensation & Pension (C&P) exams after a veteran applies for TDIU is crucial for anyone navigating this process.
Watch the video:
What Triggers These Exams?
When a veteran files for TDIU, often through VA Form 21-8940, the application requires a declaration of which service-connected disabilities are contributing to the inability to work. The VA treats this filing as an increased rating claim for each listed condition. As a result, the VA will typically schedule C&P exams for every disability mentioned in the application to reassess their current severity and impact.
Prepare for Your C&P Exam: Joint Pain Rating Tips
If you're a veteran trying to obtain a higher rating for a service-connected joint condition like back, shoulder, or knee pain, you're not alone. Navigating the intricacies of the Department of Veterans Affairs (VA) rating system can be daunting, especially when trying to maximize your benefits. In this blog, we’ll delve into how you can improve your chances of getting a higher rating for your joint condition, provide insights into the VA's rating process, and offer tips that could make a major difference in your claim.
Watch the video:
Understanding the VA Rating System for Joint Conditions
Most joint conditions are rated based on range of motion, so it's critical to understand how the VA evaluates this. The VA uses a device called a goniometer—essentially a specialized protractor—to measure how far a joint can bend or flex. The less range of motion you have, the higher your rating is likelier to be. For instance, if you can flex your knee to just 45 degrees, you might be eligible for a 10% rating. If your knee bends to only 15 degrees, you could qualify for a 30% rating.
VA Ignoring Your Nexus Letter? Here’s What Veterans Need to Know
For many veterans pursuing VA disability compensation, the journey can be fraught with frustration, especially when claims for service connection are denied despite substantial evidence. One frequent challenge occurs when a veteran obtains an independent medical opinion or nexus letter to link their condition to military service, only for the Department of Veterans Affairs (VA) to deny the claim again, sometimes without fully addressing the new evidence. Understanding how the VA handles competing medical opinions and how to effectively use the benefit of the doubt rule can significantly improve your chances of success.
Watch the video:
What Are Competing Medical Nexus Opinions?
A medical nexus opinion is a professional assessment connecting a current disability to military service. Often, the VA relies on Compensation and Pension (C&P) exams for its decisions. When veterans disagree with unfavorable VA medical opinions, they may seek independent evaluations. However, many find that the VA either disregards these independent opinions or requests additional exams, leading to a confusing cycle of development and reexamination.
Understanding VA Disability Ratings for Asthma, Sleep Apnea, and Other Respiratory Conditions: What Veterans Need to Know
Veterans suffering from respiratory conditions such as asthma and sleep apnea often face challenges not only with their health but also with securing the appropriate level of VA disability compensation. Many believe that if they are service-connected for multiple respiratory conditions—say, asthma first, then later diagnosed and connected for sleep apnea—they should receive separate ratings for each condition, thereby increasing their overall combined VA disability rating. However, VA regulations take a different, more restrictive approach.
Watch the video!
Can You Receive Separate VA Ratings for Asthma and Sleep Apnea?
The U.S. Department of Veterans Affairs outlines very specific rules regarding the assignment of disability ratings for respiratory conditions. According to 38 CFR § 4.96(a), veterans cannot receive separate ratings for certain respiratory diseases, including asthma (diagnostic code 6602) and sleep apnea (diagnostic code 6847). Instead, the VA assigns one disability rating based on the predominant respiratory disability.
How to Appeal a Denied Board of Veterans’ Appeals Decision: Navigating the Court of Appeals for Veterans Claims
For many veterans, receiving a denial from the Board of Veterans’ Appeals after years of waiting can be deeply frustrating. However, a denial from the Board isn’t the end of the road in the quest for VA disability benefits. The next step for many veterans is the United States Court of Appeals for Veterans Claims (CAVC). Understanding what the CAVC is, how to get there, and what to expect is crucial for anyone navigating the complex VA benefits system.
Watch the video!
What Is the Court of Appeals for Veterans Claims?
The CAVC is an independent federal court established specifically to review final decisions from the Board of Veterans’ Appeals. Unlike the VA itself, the CAVC is not part of the Department of Veterans Affairs. The Court is made up of federal judges appointed by the President of the United States. Their jurisdiction is exclusive: only final Board decisions can be appealed to this court.
WARRENVILLE OFFICE
4320 Winfield Rd, Suite 200
Warrenville, IL 60555
By Appointment Only
P 1-800-700-4174
CHICAGO OFFICE
150 S. Wacker Dr., #2400
Chicago, IL 60606
By Appointment Only
P 1-800-700-4174
4320 Winfield Rd, Suite 200
Warrenville, IL 60555
1-800-700-4174
