When you file to receive disability benefits from the VA, the waiting period for a decision – either a grant or denial of your claim – can vary. Multiple factors affect the amount of time you spend waiting for your disability rating.
You will generally get an initial rating within six months of filing a claim, but the actual length of time for claims has varied widely from 90 days to 2 years (John S. Berry also discusses the rating process here). To understand why the process takes so long and is so variable, it helps to understand how the process works.
The Department of Veterans Affairs (VA) grants monthly disability payments to Veterans who suffer from service-related disabilities. These conditions can be physical, internal, or psychological, as long as they significantly impact your life and are directly connected to your military service.
If you are a Veteran who has a disability that’s linked to your service, you can apply to receive a rating from the VA. This disability rating will directly correspond to the amount of benefit payments you can receive from the VA each month. The VA’s ratings range from 0% to 100%, with a higher rating leading to more significant benefit payments. The difference in benefits between even the 10% and 20% disability ratings is large and even a small increase in your disability rating can be a game-changer in terms of covering expenses.
You can start an application to receive benefits by using the VA’s eBenefits portal, calling your regional office, mailing in an application, or filling out an application in person at the VA. After you file a claim to receive benefits from the VA, there are a few more steps you may have to take to receive your benefits, thus adding to your VA disability claim timeline.
There is a long list of physical and psychological disabilities linked with military service that can make a Veteran eligible to receive disability benefits from the VA. The primary criteria for getting service-connected are:
The VA refers to this link as a nexus, and it is essential for establishing a service connection and qualifying for benefits.
If the VA needs to carefully review your military records, run tests, perform multiple examinations, or take other steps to confirm that you have a service-connected disability, it may take longer to get your disability rating. Sometimes, the VA needs to gather additional evidence or documentation before they can proceed with making a decision regarding your claim. In some cases, this necessity can leave you with a deferred claim.
If your claim cannot be either approved or denied by the VA, it means your application to receive benefits has been deferred.
A deferred claim typically means that the VA needs more information to make an informed decision regarding your disability status. If the VA is missing evidence or documentation that may influence how they rate your disability status, they may defer your claim and put the decision-making process on hold. The VA will notify you if your claim has been deferred – make sure to check the status of your claim while waiting for a decision to see if the VA needs you to take any actions before they can move forward.
If your claim gets deferred, you will have to wait longer to receive your disability rating. The VA may need you to submit military medical records, personnel records, information from your personal doctor, or other documentation before your claim can move out of deferral status. If your claim is currently on hold, the VA will let you know what you need to do to get the decision-making process back on track.
Before a Veteran can receive a disability rating, they first need to undergo the VA’s Compensation & Pension (C&P) exam. The C&P exam allows the VA to assess a Veteran’s condition, and the results of the examination can help the VA determine whether a Veteran qualifies for disability benefits. If you have not undergone a C&P exam, your claim may be deferred until you do.
The C&P exam is administered by a VA-contracted medical practitioner. The VA or contracted agency will contact you to schedule your C&P exam once you have filed a claim for disability benefits. The sooner you’re the exam, the sooner the VA can move forward in the decision-making process.
The VA tries to promptly get a rating to any disabled Veteran who files a claim, although the process typically takes several months before assigning the Veteran a rating. There are a few factors that can make the processing of your claim take longer. If your claim involves more than one disability, the VA will need to take more time processing your medical records and determining the best rating to give you to ensure that you are not “pyramiding.” If you are only filing a claim pertaining to one service-related disability, you can expect to get your claim sooner.
Yes. Certain factors can result in a decreased and/or increased disability rating. On occasion, the VA may decrease your rating if they determine your condition has improved.
To prevent the VA from reducing your rating, stick with your treatment plan, take all prescribed medications, and attend routine checkups with your doctor. The VA will want to see that you are still receiving treatment to maintain your rating. If you stop going to your appointments, the VA may have reason to believe you no longer need disability benefits.
You can also take steps to increase your disability rating by filing an appeal or by requesting a reevaluation from the VA. The VA may increase your disability rating if you suffer from a condition with symptoms that tend to worsen over time. Degenerative diseases like Parkinson’s disease and certain types of cancer often progress as time passes, which means that you may be receiving fewer benefits than you deserve as your symptoms worsen. If you have had the same disability rating for years, but your condition has gotten worse, seek a reevaluation from the VA.
VA disability claims are typically are fully processed within three to six months. Once you get your rating decision, you will have a rating that indicates how much you will receive per month in benefits. If you feel your rating is inaccurate, you can take steps to get your claim reevaluated or appeal to the VA with the help of an attorney.
The VA does not always give a disability rating that is as high as a Veteran deserves. If you feel that you are being short-changed in this regard, our team of attorneys is here to help. We can help you get through the VA appeals process to get your rating reassessed and increased. Even a 10% increase in your rating can lead to a substantial change in the tax-free benefits you receive each month.
We are a team of Veterans devoted to helping our fellow Veterans. If you are stuck struggling with the process of getting a fair and accurate rating from the VA, we are ready and able to help you get the outcome you deserve. We are very aware dealing with the VA while suffering from a disability can be extremely frustrating—our mission is to make it easier.
If you need help appealing a VA decision, we are here to provide additional fire support. Contact Berry Law today for a free consultation.
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