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    VA Disability and Benefits Information
    Tbird
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    Summary: The VA Disability Calculator uses a unique "VA Math" method to compute combined impairment ratings for veterans with multiple service-connected conditions. Instead of simply adding up the percentages of each condition, the VA uses a combined rating table and a concept of "Whole Person Remaining." Each subsequent rating is a reduction of the whole person remaining. For instance, if a veteran has a 30% rating for one condition and a 40% rating for another, the total rating is not 70% but 60%. This is because the 30% rating is applied to the 70% of the person who is not already disabled by the first condition.
    In short.
    If the VA finds that a Veteran has multiple disabilities, the VA uses the Combined Rating Table below to calculate a combined disability rating. Disability ratings are not additive, meaning that if a Veteran has one disability rated 60% and a second disability 20%, the combined rating is not 80%. This is because subsequent disability ratings are applied to an already disabled Veteran, so the 20% disability is applied to a Veteran who is already 60% disabled. If you have multiple service-connected conditions — VA will combine them using VA Math. Here's how it works:
    VA starts with the premise that every veteran is 100 percent efficient or not disabled. So, if a veteran has a disability rating of 20 percent, the VA sees them as 80 percent non-disabled and 20 percent disabled. To include another disability rating of 10 percent, the VA will take 10 percent of the 80 percent non-disabled portion and add it to the existing 20 percent rating. This brings the veteran’s total disability rating to 28 percent, which will be rounded to 30 percent. This process continues with each disability rating the veteran has. How does the VA calculate a Veteran's percentage of disability? In this episode of theSITREP, Paul Corbett explains "VA Math" with a simple, step-by-step example. 
      Transcript
    0:00 Hello and welcome to another episode of the SITREP. I am a Marine Corps Veteran,  
    0:04 Paul Corbett, and a topic that tons  of you out there have emailed us about  
    0:09 is how does VA calculate your percentage of  service-connected disability, or what many  
    0:15 refers to VA math. We are going to break it down  Barney-style with a very simple process to follow,  
    0:22, but first, do me a favor and hit that like button  and be sure to subscribe so you don’t miss  
    0:27 future episodes, and you can help us reach as many  Veterans as possible. So, VA math: how is it,  
    0:35 Hypothetically, a Veteran can receive 40%  for their back, 30% for their knee, and 20%  
    0:42 for hearing loss, which all adds up to 90%, but VA  awards you with 70% service-connected disability  
    0:50 instead? The answer isn’t really that difficult to figure out. When calculating disability, you  
    0:56 want to first begin with the largest and work your way down to the smallest, as seen on the screen.  
    1:03 Starting with the back, we are going to take 100%, which is the current remainder  
    1:08 and will make more sense in a minute, and subtract the sum of 100% times 40%. It is important that  
    1:15 we remember the order of operations, where we  calculate what is in the parenthesis first,  
    1:21, which equals 40%, we then subtract that from 100%, and we end up with a remainder of 60%.  
    1:28 Now, with the knee, we want to start with the remainder, which is 60%. So, much like the  
    1:34 equation above, 60% minus the sum of 60% times  30%, which is 18%, equals a remainder of 42%.  
    1:45 We continue this process for hearing. We begin  with the remainder of the previous line,  
    1:50, so we have 42%, minus the sum of 42% times  20%, which is 8.4%, and gives us a remainder of  
    1:59 33.6%. Now that we have calculated each one of our  disabilities, we want to subtract the remainder  
    2:06 from 100%, which would be 100% minus 33.6%, equals  66.4%. However, VA always rounds to the nearest  
    2:18 10, so in this case, your disability rating would be rounded up to 70%. This is important  
    2:24 to keep in mind, though, yes, you are rated at 70% disability, but your actual rating is 66.4%.  
    2:32 Say you later receive a 10% rating for your shoulder. The current remainder is 33.6%  
    2:39, and when you follow the same process as the other  disabilities we calculated, you end up with the  
    2:44 It is exactly the same disability rating as before. So again,  remember, just because you are awarded a new or  
    2:51 slightly higher percentages of disability, it does  not mean that your rating will change - it may  
    2:57 stays the same. One last thing: there are special  circumstances where a Veteran’s disability may be  
    3:04 calculated completely differently. Such is the  case with Veterans who are permanently disabled,  
    3:09 have bilateral injuries or other circumstances.  To learn more about about this topic,  
    3:14 look for links in the video description below  and, more importantly, be sure to check out all  
    3:20 of our YouTube playlists that cover VA disability,  pensions, health care, home loans, and much more.
     
    Chris Attig of the popular Veterans Law Blog explains it.
    “Chris, if you add up all my VA Ratings for all my disabilities, I’m over 250% disabled. Why am I still getting paid at a 90% level?”  
    This question – or one like it – pops into my inbox several times weekly. The short answer is this: when you have multiple ratings for multiple medical conditions, the VA doesn’t ADD them together – it COMBINES them. The VA Combined Ratings Formula causes Veterans – and frankly, many VSOs and attorneys a lot of angst. And it did for me, too, until I learned one thing: the Secret behind VA Math. Before I tell you the Secret to Understanding Veterans Affairs Math, let me show you the easy way to do combined ratings. From Chris Attig, The Veterans Law Blog
    VA Math It’s Not Your Mother’s Arithmetic
    “VA Math” is how the VA computes combined impairment ratings for multiple conditions in a Veteran’s compensation benefits claim – and it requires that you unlearn real math. When a Veteran has multiple medical conditions that are service-connected, and the Veterans Affairs rates each at a different percentage, it would seem that they should add up your percentages to get to a total body impairment rating.
    The Easy Way to Do Combined Ratings.
    The VA publishes a combined rating table to assist in these calculations. The VA Combined Ratings Table is a table that shows your total impairment percentage when you have more than one disabling service-connected condition. List your disabilities, highest to lowest, with the percentage of impairment next to it. Start with the highest, and then one by one, use the above linked combined rating table to combine your remaining rating.
    The Secret Behind VA Math and the Combined Ratings Table.
    “VA Math” is how the VA computes combined impairment ratings for multiple conditions in a Veteran’s compensation claim – and it requires that you unlearn real math. When a Veteran has multiple medical conditions that are service-connected, and the VA rates each at a different percentage, it would seem that they should add up your percentages to get to a total body impairment rating. Things are not as they seem. If a Veteran has a 30% rating for condition A and a 40% rating for Condition B, the total rating is NOT 70%. The VA does not add multiple ratings to get a total rating; instead, they use a formula to get a combined rating. The VA computes the combined rating by considering each disability in order of severity, beginning with the highest evaluation. In the above example, the VA Combined Rating for the two conditions is 60%, not 70%. Here’s the secret to understanding the VA Combined Ratings Table. Your ratings are combined based on the concept of “Whole Person Remaining.” The idea is that if you have NO disabilities, you are a 100% whole person. If you have a 30% disability, you are 30% disabled and 70% whole. Each subsequent rating is a REDUCTION of the whole person remaining.
    The VA Combined Ratings Table in Practice.
    How does the VA get that combined rating? For example, where Condition A is rated at 30%, and Condition B is rated at 40%,
    the VA math works like this: Most severe rating: 40%. Second most severe rating: 30%. Combined rating: 60%. Here’s how we got there: the second rating of 30% is multiplied by the % of the whole person remaining after the 40% rating. In this example, 30% (second rating) is multiplied by 60% (percent of the whole person remaining after 40% rating). This means that while condition A limits the person to a 30-degree rate, it only limits 30% of the WHOLE person. So if the person is 0% impaired (with a 100% whole person value remaining), the condition limits them to 30%. But if the person is already 40% disabled by another condition, Condition A can only limit the “whole person that remains.” It’s a tough concept to grasp, but in a way, it makes some sense. So, in our example, the second rating of 30% adds 18% to the initial rating of 40%, yielding a combined rating of 58%. The 58% rating is rounded up to 60%. Does this make sense? I don’t think so – this type of formula is a 50+-year-old calculation used by insurance companies in, commonly, workers’ compensation claims. Regardless of the archaic and non-sensical formula, here’s the deal. It’s the way it is. And in the great mess of tangled red tape that is the VA Bureaucracy, there are many fights we need to fight and win before going after this one.
    Combined Ratings
    Example of Combining Three Disabilities
    If three disabilities are ratable at 60 percent, 40 percent, and 20 percent, respectively, the combined value for the first two will be found opposite 60 and under 40 and is 76 percent. This 76 will be found in the left column, then the 20 rating in the top row. The intersection of these two ratings is 81. Thus, the final rating will be rounded to 80%.
    If the VA finds that a Veteran has multiple disabilities, the VA uses the Combined Rating Table below to calculate a combined disability rating. Disability ratings are not additive, meaning that if a Veteran has one disability rated 60% and a second disability 20%, the combined rating is not 80%. This is because subsequent disability ratings are applied to an already disabled Veteran, so the 20% disability is applied to a Veteran who is already 60% disabled. Below are the steps VA takes to combine ratings for more than one disability and examples using the Combined Rating Table to illustrate how combined ratings are calculated.
    The disabilities are first arranged in the exact order of their severity, beginning with the greatest disability and then combined with the use of the Combined Rating Table below. Combined Rating Table:
    Ten is combined with (not added) 10 and = 19
    Click Here to view the Combined Rating Table
     
    10                    20           30           40           50           60           70           80           90
     
    19................... 27.......... 35.......... 43.......... 51.......... 60.......... 68.......... 76.......... 84.......... 92
    20................... 28.......... 36.......... 44.......... 52.......... 60.......... 68.......... 76.......... 84.......... 92
    21................... 29.......... 37.......... 45.......... 53.......... 61.......... 68.......... 76.......... 84.......... 92
    22................... 30.......... 38.......... 45.......... 53.......... 61.......... 69.......... 77.......... 84.......... 92
    23................... 31.......... 38.......... 46.......... 54.......... 62.......... 69.......... 77.......... 85.......... 92
    24................... 32.......... 39.......... 47.......... 54.......... 62.......... 70.......... 77.......... 85.......... 92
    25................... 33.......... 40.......... 48.......... 55.......... 63.......... 70.......... 78.......... 85.......... 93
    26................... 33.......... 41.......... 48.......... 56.......... 63.......... 70.......... 78.......... 85.......... 93
    27................... 34.......... 42.......... 49.......... 56.......... 64.......... 71.......... 78.......... 85.......... 93
    28................... 35.......... 42.......... 50.......... 57.......... 64.......... 71.......... 78.......... 86.......... 93
    29................... 36.......... 43.......... 50.......... 57.......... 65.......... 72.......... 79.......... 86.......... 93
    30................... 37.......... 44.......... 51.......... 58.......... 65.......... 72.......... 79.......... 86.......... 93
    31................... 38.......... 45.......... 52.......... 59.......... 66.......... 72.......... 79.......... 86.......... 93
    32................... 39.......... 46.......... 52.......... 59.......... 66.......... 73.......... 80.......... 86.......... 93
    33................... 40.......... 46.......... 53.......... 60.......... 67.......... 73.......... 80.......... 87.......... 93
    34................... 41.......... 47.......... 54.......... 60.......... 67.......... 74.......... 80.......... 87.......... 93
    35................... 42.......... 48.......... 55.......... 61.......... 68.......... 74.......... 81.......... 87.......... 94
    36................... 42.......... 49.......... 55.......... 62.......... 68.......... 74.......... 81.......... 87.......... 94
    37................... 43.......... 50.......... 56.......... 62.......... 69.......... 75.......... 81.......... 87.......... 94
    38................... 44.......... 50.......... 57.......... 63.......... 69.......... 75.......... 81.......... 88.......... 94
    39................... 45.......... 51.......... 57.......... 63.......... 70.......... 76.......... 82.......... 88.......... 94
    40................... 46.......... 52.......... 58.......... 64.......... 70.......... 76.......... 82.......... 88.......... 94
    41................... 47.......... 53.......... 59.......... 65.......... 71.......... 76.......... 82.......... 88.......... 94
    42................... 48.......... 54.......... 59.......... 65.......... 71.......... 77.......... 83.......... 88.......... 94
    43................... 49.......... 54.......... 60.......... 66.......... 72.......... 77.......... 83.......... 89.......... 94
    44................... 50.......... 55.......... 61.......... 66.......... 72.......... 78.......... 83.......... 89.......... 94
    45................... 51.......... 56.......... 62.......... 67.......... 73.......... 78.......... 84.......... 89.......... 95
    46................... 51.......... 57.......... 62.......... 68.......... 73.......... 78.......... 84.......... 89.......... 95
    47................... 52.......... 58.......... 63.......... 68.......... 74.......... 79.......... 84.......... 89.......... 95
    48................... 53.......... 58.......... 64.......... 69.......... 74.......... 79.......... 84.......... 90.......... 95
    49................... 54.......... 59.......... 64.......... 69.......... 75.......... 80.......... 85.......... 90.......... 95
    50................... 55.......... 60.......... 65.......... 70.......... 75.......... 80.......... 85.......... 90.......... 95
    51................... 56.......... 61.......... 66.......... 71.......... 76.......... 80.......... 85.......... 90.......... 95
    52................... 57.......... 62.......... 66.......... 71.......... 76.......... 81.......... 86.......... 90.......... 95
    53................... 58.......... 62.......... 67.......... 72.......... 77.......... 81.......... 86.......... 91.......... 95
    54................... 59.......... 63.......... 68.......... 72.......... 77.......... 82.......... 86.......... 91.......... 95
    55................... 60.......... 64.......... 69.......... 73.......... 78.......... 82.......... 87.......... 91.......... 96
    56................... 60.......... 65.......... 69.......... 74.......... 78.......... 82.......... 87.......... 91.......... 96
    57................... 61.......... 66.......... 70.......... 74.......... 79.......... 83.......... 87.......... 91.......... 96
    58................... 62.......... 66.......... 71.......... 75.......... 79.......... 83.......... 87.......... 92.......... 96
    59................... 63.......... 67.......... 71.......... 75.......... 80.......... 84.......... 88.......... 92.......... 96
    60................... 64.......... 68.......... 72.......... 76.......... 80.......... 84.......... 88.......... 92.......... 96
    61................... 65.......... 69.......... 73.......... 77.......... 81.......... 84.......... 88.......... 92.......... 96
    62................... 66.......... 70.......... 73.......... 77.......... 81.......... 85.......... 89.......... 92.......... 96
     
    Table I—Combined Ratings Table (cont.)
     
                            10           20           30           40           50           60           70           80           90
     
    63................... 67.......... 70.......... 74.......... 78.......... 82.......... 85.......... 89.......... 93.......... 96
    64................... 68.......... 71.......... 75.......... 78.......... 82.......... 86.......... 89.......... 93.......... 96
    65................... 69.......... 72.......... 76.......... 79.......... 83.......... 86.......... 90.......... 93.......... 97
    66................... 69.......... 73.......... 76.......... 80.......... 83.......... 86.......... 90.......... 93.......... 97
    67................... 70.......... 74.......... 77.......... 80.......... 84.......... 87.......... 90.......... 93.......... 97
    68................... 71.......... 74.......... 78.......... 81.......... 84.......... 87.......... 90.......... 94.......... 97
    69................... 72.......... 75.......... 78.......... 81.......... 85.......... 88.......... 91.......... 94.......... 97
    70................... 73.......... 76.......... 79.......... 82.......... 85.......... 88.......... 91.......... 94.......... 97
    71................... 74.......... 77.......... 80.......... 83.......... 86.......... 88.......... 91.......... 94.......... 97
    72................... 75.......... 78.......... 80.......... 83.......... 86.......... 89.......... 92.......... 94.......... 97
    73................... 76.......... 78.......... 81.......... 84.......... 87.......... 89.......... 92.......... 95.......... 97
    74................... 77.......... 79.......... 82.......... 84.......... 87.......... 90.......... 92.......... 95.......... 97
    75................... 78.......... 80.......... 83.......... 85.......... 88.......... 90.......... 93.......... 95.......... 98
    76................... 78.......... 81.......... 83.......... 86.......... 88.......... 90.......... 93.......... 95.......... 98
    77................... 79.......... 82.......... 84.......... 86.......... 89.......... 91.......... 93.......... 95.......... 98
    78................... 80.......... 82.......... 85.......... 87.......... 89.......... 91.......... 93.......... 96.......... 98
    79................... 81.......... 83.......... 85.......... 87.......... 90.......... 92.......... 94.......... 96.......... 98
    80................... 82.......... 84.......... 86.......... 88.......... 90.......... 92.......... 94.......... 96.......... 98
    81................... 83.......... 85.......... 87.......... 89.......... 91.......... 92.......... 94.......... 96.......... 98
    82................... 84.......... 86.......... 87.......... 89.......... 91.......... 93.......... 95.......... 96.......... 98
    83................... 85.......... 86.......... 88.......... 90.......... 92.......... 93.......... 95.......... 97.......... 98
    84................... 86.......... 87.......... 89.......... 90.......... 92.......... 94.......... 95.......... 97.......... 98
    85................... 87.......... 88.......... 90.......... 91.......... 93.......... 94.......... 96.......... 97.......... 99
    86................... 87.......... 89.......... 90.......... 92.......... 93.......... 94.......... 96.......... 97.......... 99
    87................... 88.......... 90.......... 91.......... 92.......... 94.......... 95.......... 96.......... 97.......... 99
    88................... 89.......... 90.......... 92.......... 93.......... 94.......... 95.......... 96.......... 98.......... 99
    89................... 90.......... 91.......... 92.......... 93.......... 95.......... 96.......... 97.......... 98.......... 99
    90................... 91.......... 92.......... 93.......... 94.......... 95.......... 96.......... 97.......... 98.......... 99
    91................... 92.......... 93.......... 94.......... 95.......... 96.......... 96.......... 97.......... 98.......... 99
    92................... 93.......... 94.......... 94.......... 95.......... 96.......... 97.......... 98.......... 98.......... 99
    93................... 94.......... 94.......... 95.......... 96.......... 97.......... 97.......... 98.......... 99.......... 99
    94................... 95.......... 95.......... 96.......... 96.......... 97.......... 98.......... 98.......... 99.......... 99
     
    The degree of one disability will be read in the left column and the degree of the other in the top row, whichever is appropriate. The figures appearing in the space where the column and row intersect will represent the combined value of the two. This combined value is rounded to the nearest 10%. If there are more than two disabilities, the combined value for the first two will be found as previously described for two disabilities. The exact combined value (without rounding yet) is combined with the degree of the third disability. This process continues for subsequent disabilities, and the final number is rounded to the nearest 10%. Source: What’s the Secret to Understanding the Veterans Affairs Combined Ratings Table? Chris Attig The Veterans Law Blog

    Tbird
    How to file a VA disability claim
    Eligibility Fully Developed Claims Be sure to fill out your claim completely.  Gather any evidence (supporting documents) you’ll submit yourself when you file your VA disability claim. Sending all your supporting documents and your claim will help speed up the process. Forms You May Need
     
    Evidence to Support Your Claim
     
    To support your VA disability claim, you can provide certain documents that may help strengthen your case. These documents include VA medical records and hospital records, which can relate to your claimed illnesses or injuries, or they could show that your disability rating has worsened. Private medical records and hospital reports are also helpful, as they could relate to your claimed illnesses or injuries or show that your disability has worsened.
    Additionally, supporting statements from family members, friends, clergy members, law enforcement personnel, or people you served with can provide valuable insight into your claimed condition and how and when it occurred or worsened.
    Depending on the type of claim you file, you may need to gather the supporting documents yourself or ask for help from the VA to gather evidence.
    It's important to note that the VA will review your discharge papers (DD Form 214 or other separation documents) and service treatment records as part of the process. If you need more information about the evidence required for your claim, you can learn more on our website.
    Learn more about the evidence we’ll need for your claim.
    Supporting Evidence
     
    You do not have to provide any supporting evidence for your claim initially. However, the VA may require a claim examination to obtain more information about your condition. If you need more time to gather supporting documents, you can save your application and complete it later. It is important to note that you have up to one year from the date the VA receives your claim to submit any supporting evidence. The VA will consider the date you started your application as your date of claim as long as you complete it within 365 days. 
    Learn more about VA claim exams (C&P exams)
    Below is from the VA's website. Please check this link for what the latest is. This information is current as of 03/2024
    How do I file a claim for compensation?
    You can file a claim online now.
    File for disability compensation online
    You can also file for disability compensation in any of these 4 ways
    By mail
    File your claim by mail using an Application for Disability Compensation and Related Compensation Benefits (VA Form 21-526EZ).
    Get VA Form 21-526EZ to download
    Print the form, fill it out, and send it to this address:
    Department of Veterans Affairs
    Claims Intake Center
    PO Box 4444
    Janesville, WI 53547-4444
    In person
    Bring your application to a VA regional office near you.
    Find a VA regional office near you
    By fax
    If you’re in the U.S., fax your application to 844-531-7818.
    If you’re outside the U.S., fax your application to 248-524-4260.
    With the help of a trained professional
    You can work with a trained professional called an accredited representative to get help filing a claim for disability compensation.
    Get help from an accredited representative.
    Should I submit an intent to file form?
    If you plan to file for disability compensation using a paper form, you may want to submit an intent to file form first. This can give you the time you need to gather your evidence while avoiding a later potential start date (also called an effective date). When you notify us of your intent to file, you may be able to get retroactive payments (compensation that starts at a point in the past).
    Note: If you file for disability compensation online, then you don’t need to notify us of your intent to file. This is because your effective date gets set automatically when you start filling out the form online—before you submit it.
    Find out how to submit an intent to file form           
    What happens after I file my VA disability claim?
    Find out what happens after you file
    You don’t need to do anything while you’re waiting unless we send you a letter asking for more information. If we schedule exams for you, be sure not to miss them.
    Check your VA claim status
    How long does it take VA to make a decision?
    158.4 days Average number of days to complete disability-related claims in February 2024 More information about filing disability claims
    Claim types and when to file
    Learn about standard claims, supplemental claims, secondary claims, and more.
    Evidence needed for your disability claim
    Find out what evidence we’ll need to support your disability claim.
    Disabilities that appear within 1 year after discharge
    Find out if you can get disability benefits if you have signs of an illness within a year after being discharged from service.
    Get help from an accredited representative
    Find out how to work with a trained professional called an accredited representative to file your claim.
    Supporting forms for VA claims
    Find additional forms that you may need to support your claim.
    Below is a link to the VA's website explaining disability compensation before you leave the service. It has some good information, so I've included it for you below.
    Click the link to download the  mlc-disability.pdf 
    Disability Compensation MILITARY LIFE CYCLE (MLC)
    ONLINE RESOURCE GUIDE
    The VA Disability Compensation module introduces the VA disability compensation (pay) benefit. This Online Resource Guide (ORG) provides web links to important resources
    related to the course. The VA.gov website offers current resources, tools and contact information for all VA benefits and services.
    VA TAP ONLINE COURSES
    The VA TAP Course Catalog is a comprehensive resource that includes information about all VA TAP course offerings, direct links to on-demand web-based training, and downloadable resource materials.
    To access these courses, navigate to the VA TAP Course Catalog. You may also scan the QR code at the top of this page. Then, select from the courses available in the VA TAP Curriculum.
    KEY VA RESOURCES
    Links
    The VA.gov website offers current resources, tools, and contact information for all VA benefits and services that may be available to Service members, Veterans, their families, caregivers, and survivors.
    VA home page COVID-19 Information Frequently Asked Questions (FAQs) VA benefits hotline: 1-800-827-1000 Hearing impaired: 1-800-829-4833 Technical Issues: 1-800-983-0937 VA Regional Offices VA Office Locations VA DISABILITY COMPENSATION
    VA Disability Compensation Video, “Paul applied for VA disability compensation before he left the military.” Video, “For Greg, VA disability compensation makes life easier.” Video, “With VA disability compensation, Maranda can focus on healing and advancing her career.” Video, “VA has understood that I needed things that I didn’t even realize I needed.” Eligibility for VA disability benefits How to apply for a discharge upgrade About VA DIC for spouses, dependents, and parents SERVICE CONNECTION
    Video: “Compensation 101: What is Service Connection?” PACT Act PACT ACT Frequently Asked Questions 2022 PACT ACT: Understanding Health Care Eligibility and Benefits Veterans Service Organizations (VSOs) DISABILITY RATINGS AND COMPENSATION RATES
    Video: “Compensation 101: How did I get this rating?” HOW TO APPLY
    How to file a VA disability claim Benefits Delivery at Discharge (BDD) Claims (from 90 to 180 days until separation) Filing overseas Fully Developed Claims (FDC) (from 89 days to 1 day until separation) Separation Health Assessment (SHA) Standard Claims (claims not eligible for the BDD or FDC programs) Claim effective dates DISABILITY PROCESS CLAIMS SELF-SERVICE TOOL VA.GOV
    Videos: “The New 526 Disability Form on VA.gov” “Getting Started: Section 1 of the Digital 526 Disability Compensation Tool at VA.gov” “Add Contentions: Section 2 of the Digital 526 Disability” “Add Evidence: Section 3 of the Digital 526 Disability Compensation Tool” “Getting Started: Sections 4 and 5 of the Digital 526 Disability Compensation Tool” Self-Service Disability Compensation Claims Tool at VA.gov DISABILITY COMPENSATION AND OTHER PAYMENTS
    DOD Wounded, Ill, and/or Injured Compensation and Benefits Handbook Concurrent Retirement and Disability Pay (CRDP) Combat Related Special Compensation (CRSC) Combat-Related Special Compensation (CRSC) (VA.gov) Combat-Related Special Compensation (CRSC) and Concurrent Retirement Disability Pay (CRDP) ADDITIONAL RESOURCES
    Getting started with State Veteran Benefits and Services? guide VA Welcome Kit Long-term care VA automobile allowance and adaptive equipment VA clothing allowance Fiduciary program VA health care COMPACT Act Housing grants VA life insurance Veteran Readiness and Employment (VR&E)

    Tbird
    If you think your life or health is in danger, call 911 or go to the nearest emergency department. You don’t need to check with us first.
    But if you go to a non-VA facility—even one that’s in our community care network—you must follow certain rules so that we can cover the cost of your care. Keep reading on this page to learn what you need to know if you go to a non-VA facility for emergency care.
    Find VA and in-network emergency care What to know if you go to a non-VA facility for emergency care
    The facility must be an emergency department
    We can only cover the cost of emergency care at an emergency department. An emergency department is a facility that has the staff and equipment to provide emergency care (like a hospital or free-standing emergency department).
    Urgent care facilities don’t qualify as emergency departments. If you’re not sure what type of facility you should go to, we can help.
    Learn more about choosing between emergency and urgent care
    We must get notified of your care within 72 hours
    Ask the provider to notify us right away in either of these ways:
    Through our VA emergency care reporting portal, or By calling us at 844-724-7842 (TTY: 711) We must get the notification within 72 hours of when your emergency care starts. We prefer that the provider notify us. But if they don’t, you or someone acting on your behalf can notify us instead.
    We can only cover emergency care when you meet certain requirements
    Keep reading to learn more about eligibility requirements for emergency mental health care and other types of emergency care.
    Emergency care eligibility requirements
    Eligibility for emergency mental health care
    In most cases, we will provide or cover the cost of your emergency mental health care and up to 90 days of related services—even if you’re not enrolled in VA health care.
    If a health care provider or a trained crisis responder determines you’re at risk of immediate self-harm, we can provide or cover the cost of your care if you meet at least one of these requirements:
    You were sexually assaulted, battered, or harassed while serving in the Armed Forces, or You served on active duty for more than 24 months and didn’t get a dishonorable discharge, or You served more than 100 days under a combat exclusion or in support of a contingency operation (including as a member of the Reserve) and didn’t get a dishonorable discharge. You meet this requirement if you served directly or if you operated an unmanned aerial vehicle from another location. If you go to a non-VA emergency department for help, tell the staff you’re a Veteran. Ask them to contact us right away.
    Eligibility for all other emergency care
    General eligibility requirements
    By law, we can only cover the cost of your care at a non-VA emergency department if you meet all of these requirements:
    You’re enrolled in VA health care or you have a qualifying exemption from enrollment, and A VA health care facility or other federal facility that could provide the needed care wasn’t “feasibly available” (meaning it was too far away for you to get there fast enough to get the emergency care you needed), and A person with an average knowledge of health and medicine (called a “prudent layperson”) would reasonably believe that a delay in seeking care would have put your life or health in danger, and You meet our other requirements based on your specific situation—including the time limit for us to receive your claim. Keep reading to learn more about requirements for different situations. Note: We only cover non-VA emergency care until we can safely transfer you to a VA or other federal facility. The only time this rule doesn’t apply is if the community provider contacts us and we can’t accept your transfer.
    More emergency care coverage requirements
    In addition to the general eligibility requirements, you must also meet these other requirements based on your specific situation.
    What to do if you’re charged for emergency care
    If you get a bill for emergency care at a non-VA facility and you think we should cover the cost, we can help. Call us at 877-881-7618 (TTY: 711). We’re here Monday through Friday, 8:00 a.m. to 8:00 p.m. ET.
    We’ll go over the charges with you and help figure out who should cover the cost of your care. We can also help resolve billing issues with community providers.
    Find out how to file a claim for reimbursement of non-VA medical expenses.

    Tbird
    These are recommendations. They propose some of these each year. They do not mean the changes will be made, but they give you a good idea of their thinking.
    Read Further: Military.com explains it in CBO Suggests Raising Tricare Fees, Cutting Veteran Benefits to Slash Deficit. 
    Options for Reducing the Deficit: 2019 to 2028Reducing the Deficit: 2019 to 2028
    CBO periodically issues a large number of options—this year’s installment presents 121—to decrease federal spending or increase federal revenues. The CBO’s website allows users to filter options by topic, date, and category.
     
    Published Dec 13, 2018
    PDF CBO Options for Reducing the Deficit- 2019 to 2028.pdf
    Summary
     
    Since 2007, federal debt held by the public has more than doubled in relation to the size of the economy, and it will keep growing significantly if the large annual budget deficits projected under current law come to pass. Congress faces various policy choices as it confronts the challenges posed by such a large and growing debt. To help inform lawmakers, the Congressional Budget Office periodically issues a compendium of policy options that would help reduce the deficit, reporting the estimated budgetary effects of those options and highlighting some arguments for and against them.
    This latest series report presents 121 options to decrease federal spending or increase federal revenues over the next ten years (see Summary Table below). Of those options, 112 are presented in the main body of the report, and most of those 112 would save $10 billion or more over that period. The remaining nine options are presented in an appendix and would generally have smaller budgetary effects.
    The options in this report come from various sources. Some are based on proposed legislation or the budget proposals of various Administrations; others come from Congressional offices or entities in the federal government or private sector. The options cover many areas—defense, health, Social Security, provisions of the tax code, and more. The budgetary effects identified for most options span the ten years from 2019 to 2028 (the period covered by CBO’s baseline budget projections), although many options would also have longer-term effects.
    Chapters 2 through 4 present options in the following categories:
    Chapter 2: Mandatory spending, Chapter 3: Discretionary spending, and Chapter 4: Revenues. Each chapter begins with a description of budgetary trends for the topic area, a general discussion of the method underlying the estimates of budgetary effects, and an overview of the options in the chapter. Then, the chapter offers individual entries for each option that provide background information, describe the option, discuss the estimated budgetary effects, the basis of those estimates, and the largest sources of uncertainty, and summarize arguments for and against the change.
    As a collection, the options are intended to reflect a range of possibilities, not a ranking of priorities or an exhaustive list. Including or excluding any particular option does not imply that CBO endorses or opposes it, and the report makes no recommendations. The report also does not contain comprehensive budget plans; it would be possible to devise such plans by combining certain options in various ways (although some would overlap and would interact with others).
    CBO’s website includes a search tool that allows users to filter options by major budget category, budget function, topic, and date. That tool is regularly updated to include only the most recent version of budget options from various CBO reports. Therefore, the tool currently includes all the options in this report. It also includes options that were analyzed in the past and were not updated for this report but remain informative. Those options were either in previous editions of this report or in different CBO reports analyzing specific federal programs or aspects of the tax code.
    Of interest to Veterans:
    Narrow Eligibility for Veterans’ Disability Compensation by Excluding Certain Disabilities Unrelated to Military Duties 4 to 33  End VA’s Individual Unemployability Payments to Disabled Veterans at the Full Retirement Age for Social Security 7 to 48  Reduce VA’s Disability Benefits to Veterans Who Are Older Than the Full Retirement Age for Social Security 11  Narrow Eligibility for VA’s Disability Compensation by Excluding Veterans With Low Disability Ratings 6 to 38 End Enrollment in VA Medical Care for Veterans in Priority Groups 7 and 8 57a
    Include Disability Payments From the Department of Veterans Affairs in Taxable Income 4 to 93   
    Mandatory Spending
    Title Savings, 2019–2028 (Billions of Dollars) Limit Enrollment in the Department of Agriculture’s Conservation Programs 3 to 10  Eliminate Title I Agriculture Programs 20  Reduce Subsidies in the Crop Insurance Program 4 to 21  Limit ARC and PLC Payment Acres to 30 Percent of Base Acres 10  Raise Fannie Mae’s and Freddie Mac’s Guarantee Fees and Decrease their Eligible Loan Limits 3 to 12  Eliminate or Reduce the Add-On to Pell Grants, Which Is Funded With Mandatory Spending 31 to 62  Limit Forgiveness of Graduate Student Loans 12 to 32  Reduce or Eliminate Subsidized Loans for Undergraduate Students 7 to 22  Reduce or Eliminate Public Service Loan Forgiveness 9 to 22  Remove the Cap on Interest Rates for Student Loans 11 to 16  Adopt a Voucher Plan and Slow the Growth of Federal Contributions for the Federal Employees Health Benefits Program 35 to 37a Establish Caps on Federal Spending for Medicaid 162 to 703  Limit States’ Taxes on Health Care Providers 15 to 344  Reduce Federal Medicaid Matching Rates 55 to 394  Introduce Enrollment Fees Under TRICARE for Life 12  Introduce Minimum Out-of-Pocket Requirements Under TRICARE for Life 27  Change the Cost-Sharing Rules for Medicare and Restrict Medigap Insurance 44 to 116  Increase Premiums for Parts B and D of Medicare 40 to 418  Raise the Age of Eligibility for Medicare to 67 15 to 22  Reduce Medicare’s Coverage of Bad Debt 12 to 39  Require Manufacturers to Pay a Minimum Rebate on Drugs Covered Under Part D of Medicare for Low-Income Beneficiaries 154  Modify Payments to Medicare Advantage Plans for Health Risk 47 to 67  Reduce Quality Bonus Payments to Medicare Advantage Plans 18 to 94  Consolidate and Reduce Federal Payments for Graduate Medical Education at Teaching Hospitals 34 to 40  Convert Multiple Assistance Programs for Lower-Income People Into Smaller Block Grants to States 88 to 247  Eliminate Subsidies for Certain Meals in the National School Lunch, School Breakfast, and Child and Adult Care Food Programs 11  Reduce TANF’s State Family Assistance Grant by 10 Percent 13  Eliminate Supplemental Security Income Benefits for Disabled Children 100a Link Initial Social Security Benefits to Average Prices Instead of Average Earnings 77 to 121  Make Social Security’s Benefit Structure More Progressive 7 to 36  Raise the Full Retirement Age for Social Security 28  Require Social Security Disability Insurance Applicants to Have Worked More in Recent Years 50  Eliminate Eligibility for Starting Social Security Disability Benefits at Age 62 or Later 20  Narrow Eligibility for Veterans’ Disability Compensation by Excluding Certain Disabilities Unrelated to Military Duties 4 to 33  End VA’s Individual Unemployability Payments to Disabled Veterans at the Full Retirement Age for Social Security 7 to 48  Reduce VA’s Disability Benefits to Veterans Who Are Older Than the Full Retirement Age for Social Security 11  Narrow Eligibility for VA’s Disability Compensation by Excluding Veterans With Low Disability Ratings 6 to 38  Use an Alternative Measure of Inflation to Index Social Security and Other Mandatory Programs 202  Divest Two Agencies of Their Electric Transmission Assets 2a Change the National Flood Insurance Program 1  Tighten Eligibility for the Supplemental Nutrition Assistance Program 8  Reduce Pension Benefits for New Federal Retirees 3  Eliminate the Special Retirement Supplement for New Federal Retirees 5  Discretionary Spending
    Title Savings, 2019–2028 (Billions of Dollars) Reduce the Department of Defense’s Budget 248 to 517  Reduce DoD’s Operation and Maintenance Appropriation (Excluding Funding for the Defense Health Program)  70 to 195  Cap Increases in Basic Pay for Military Service Members 18  Replace Some Military Personnel With Civilian Employees 14  Cancel Plans to Purchase Additional F-35 Joint Strike Fighters and Instead Purchase F-16s and F/A-18s 13  Stop Building Ford Class Aircraft Carriers 10  Reduce Funding for Naval Ship Construction to Historical Levels  50  Reduce the Size of the Nuclear Triad 8 to 9  Cancel the Long-Range Standoff Weapon 11  Defer Development of the B-21 Bomber 32  Modify TRICARE Enrollment Fees and Cost Sharing for Working-Age Military Retirees 11a Reduce the Size of the Bomber Force by Retiring the B-1B 17  Reduce the Size of the Fighter Force by Retiring the F-22 27  Cancel the Ground-Based Midcourse Defense System 18  Reduce the Basic Allowance for Housing to 80 Percent of Average Housing Costs 15a Cancel Development and Production of the New Missile in the Ground-Based Strategic Deterrent Program 24  Reduce Funding for International Affairs Programs 116  Reduce Appropriations for Global Health to Their Level in 2000 57  Eliminate Human Space Exploration Programs 89  Reduce Department of Energy Funding for Energy Technology Development 3 to 16  Eliminate Funding for Amtrak and the Essential Air Service Program 2 to 20a Limit Highway and Transit Funding to Expected Revenues 116  Eliminate the Federal Transit Administration 87  Increase the Passenger Fee for Aviation Security 21  Eliminate Federal Funding for National Community Service  9  Eliminate Head Start 92  Tighten Eligibility for Pell Grants 3 to 86a Increase Payments by Tenants in Federally Assisted Housing 21  Reduce Funding for the Housing Choice Voucher Program or Eliminate the Program 9 to 125  End Enrollment in VA Medical Care for Veterans in Priority Groups 7 and 8 57a Reduce the Annual Across-the-Board Adjustment for Federal Civilian Employees’ Pay 58  Reduce the Size of the Federal Workforce Through Attrition 35  Reduce Funding for Certain Grants to State and Local Governments 1 to 42  Repeal the Davis-Bacon Act 12a Eliminate Certain Forest Service Programs 6  Limit the Number of Cities Receiving Urban Areas Security Initiative Grants 1  Eliminate the International Trade Administration's Trade-Promotion Activities 3  Convert the Home Equity Conversion Mortgage Program Into a Direct Loan Program 3  Revenues
    Title Savings, 2019–2028 (Billions of Dollars) Increase Individual Income Tax Rates 123 to 905  Raise the Tax Rates on Long-Term Capital Gains and Qualified Dividends by 2 Percentage Points and Adjust Tax Brackets 70 to 81  Eliminate or Modify Head-of-Household Filing Status  66 to 165  Curtail the Deduction for Charitable Giving 146 to 176  Eliminate Itemized Deductions 1,312  Change the Tax Treatment of Capital Gains From Sales of Inherited Assets 105  Eliminate the Tax Exemption for New Qualified Private Activity Bonds 32  Expand the Base of the Net Investment Income Tax to Include the Income of Active Participants in S Corporations and Limited Partnerships 199  Tax Carried Interest as Ordinary Income 14  Include Disability Payments From the Department of Veterans Affairs in Taxable Income 4 to 93  Include Employer-Paid Premiums for Income Replacement Insurance in Employees’ Taxable Income 342  Reduce Tax Subsidies for Employment-Based Health Insurance 256 to 638  Further Limit Annual Contributions to Retirement Plans 103  Tax Social Security and Railroad Retirement Benefits in the Same Way That Distributions From Defined Benefit Pensions Are Taxed 411  Eliminate Certain Tax Preferences for Education Expenses 188  Lower the Investment Income Limit for the Earned Income Tax Credit and Extend That Limit to the Refundable Portion of the Child Tax Credit 8  Require Earned Income Tax Credit and Child Tax Credit Claimants to Have a Social Security Number That Is Valid for Employment 24  Increase the Payroll Tax Rate for Medicare Hospital Insurance  898 to 1,787  Increase the Payroll Tax Rate for Social Security 716 to 1,422  Increase the Maximum Taxable Earnings for the Social Security Payroll Tax 785 to 1,223  Expand Social Security Coverage to Include Newly Hired State and Local Government Employees 80  Tax All Pass-Through Business Owners Under SECA and Impose a Material Participation Standard 163  Increase Taxes That Finance the Federal Share of the Unemployment Insurance System 18  Increase the Corporate Income Tax Rate by 1 Percentage Point 96  Repeal Certain Tax Preferences for Energy and Natural Resource–Based Industries 2 to 8  Repeal the “LIFO” and “Lower of Cost or Market” Inventory Accounting Methods 58  Require Half of Advertising Expenses to Be Amortized Over 5 or 10 Years 63 to 132  Repeal the Low-Income Housing Tax Credit 49  Increase All Taxes on Alcoholic Beverages to $16 per Proof Gallon and Index for Inflation 68 to 83  Increase the Excise Tax on Tobacco Products by 50 Percent 42  Increase Excise Taxes on Motor Fuels and Index for Inflation 237 to 515  Impose an Excise Tax on Overland Freight Transport 358  Impose Fees to Cover the Costs of Government Regulations and Charge for Services Provided to the Private Sector 0 to 14  Impose a 5 Percent Value-Added Tax 1,920 to 2,970  Impose a Tax on Emissions of Greenhouse Gases 1,099  Impose a Fee on Large Financial Institutions 90 to 103  Impose a Tax on Financial Transactions 777  Tax Gains from Derivatives as Ordinary Income on a Mark-to-Market Basis 19  Increase Federal Civilian Employees’ Contributions to the Federal Employees Retirement System 45  Increase Appropriations for the Internal Revenue Service’s Enforcement Initiatives 35  ARC = Agriculture Risk Coverage; DoD = Department of Defense; LIFO = last in, first out; PLC = Price Loss Coverage; SECA = Self-Employment Contributions Act; TANF = Temporary Assistance for Needy Families; VA = Department of Veterans Affairs.
    For options affecting primarily mandatory spending or revenues, savings sometimes would derive from changes in both. When that is the case, the savings shown include effects on both mandatory spending and revenues. For options affecting primarily discretionary spending, the savings shown are the decrease in discretionary outlays. a. Savings do not encompass all budgetary effects.
    Data and Supplemental Information
    Data Underlying Figures Tables Showing Estimated Budgetary Effects Related Publications
    Options for Reducing the Deficit: 2021 to 2030 December 9, 2020 How Changing Social Security Could Affect Beneficiaries and the System's Finances April 24, 2019 The Deficit Reductions Necessary to Meet Various Targets for Federal Debt August 21, 2018 The Long-Term Budget Outlook Under Alternative Scenarios for Fiscal Policy August 8, 2018 The 2018 Long-Term Budget Outlook June 26, 2018 An Analysis of the President’s 2019 Budget May 24, 2018 The Budget and Economic Outlook: 2018 to 2028 April 9, 2018 Options for Reducing the Deficit: 2017 to 2026 December 8, 2016   Corrections and Updates
    On June 28, 2019, CBO reposted the report to correct values that it mentioned for the thresholds used to calculate the excise tax on high-cost health insurance plans. The analysis underlying the report and the resulting budgetary estimates were not affected.
    On October 23, 2019, CBO posted a file of tables showing the options’ estimated budgetary effects.
     

    Tbird
    Home Improvements/Structural Alterations (HISA) Grant
    This benefit provides medically necessary improvements and structural alterations to Veterans/Servicemembers’ primary residence for the following purposes:
    Allowing entrance to or exit from the primary residence Use of essential lavatory and sanitary facilities (e.g., roll-in showers) Allowing accessibility to kitchen or bathroom sinks or counters (e.g., lowering counters/sinks) Improving entrance paths or driveways in the immediate area of the home to facilitate access to the home through the construction of permanent ramping Improving plumbing or electrical systems made necessary due to the installation of home medical equipment HISA will not pay for:
    Walkways to exterior buildings Spa, hot tub, or Jacuzzi Exterior decking New Construction HISA Benefit Amounts
    Lifetime benefits for Veterans and Servicemembers.
    $6,800 will be approved to:
    Address a service-connected disability Address a compensable disability treated “as if” is a service-connected disability and for which the Veteran is entitled to medical services under 38 USC 1710(a)(2)(c) (e.g., disability acquired through treatment or vocational rehabilitation provided by VA) Address a non-service-connected disability if the beneficiary has a service-connected disability rated at least 50 percent disability (no combining or combination of disability percentages is allowed). $2,000 will be approved to:
    Address a disability that is not covered above Note: All HISA projects must be medically justified for the service-connected and/or non-service-connected disability. Don't hesitate to contact your local Prosthetic and Sensory Aids Service to determine your available lifetime HISA benefits.
    What does HISA exclude?
    Some excluded HISA structural alterations are exterior decking, the purchase or installation of spas/ hot tubs/Jacuzzi-type tubs, home security systems, removable equipment or appliances such as portable ramps, porch lifts, and stair glides, and routine repairs as part of regular home maintenance, like replacing roofs, furnaces, or air conditioners.
    HISA Process Map
    A copy can be downloaded here for a complete map of the HISA process.
    Additional Information
    Use the Facility Locator to contact the local Prosthetic and Sensory Aids Service near you for individual inquiries and eligibility information. Learn more about VBA's Specially Adapted Housing (SAH) and Special Housing Adaptation (SHA) grants. Applying for a HISA Benefit
    When applying for the HISA benefit, a completed HISA application package must include the following:
    (1) A prescription written or approved by a VA physician which includes:
    (a) The beneficiary’s name, address and telephone number;
    (b) A description of the prescribed project, including the area of the home to be improved or structurally altered; type of modification and all alternatives to the modifications; and items requiring installation.
    (c) The diagnosis and medical justification for the prescribed improvement or structural alteration. The medical justification should demonstrate the project’s clinical appropriateness, that is, the beneficiary’s clinical needs should support the type of home improvement or structural alterations being prescribed.
    (2) A completed and signed VA Form 10-0103, VETERANS APPLICATION FOR ASSISTANCE In Acquiring Home Improvement and Structural Alterations
    If applying for an advanced payment, request on the application (3) FOR RENTERS: A signed and notarized statement from the owner authorizing the improvement or structural alteration
    (4) A written itemized estimate of costs for labor, materials, permits, and inspections for the home improvement and structural alteration
    (5) A color photograph of the unimproved area
    NOTE: An inspection of the site by VA may be warranted.

    Tbird
    Top 10 Discussions
     
    1. VACP TREAS 310 is a Compensation Payment. Retro? You May Have Won Your Claim
    2. "Exam request - processing -- No longer needed."
    2. Compensation Issue? What Does It Mean?
    4. Under "Evidence Gathering, Review, and Decision," they wrote: We closed the notice for Exam Request - Processing. What does this mean?
    5. Payment History: Returned Payments?
    6. Second Signature?
    7. Secondary action required?
    8. Veterans Benefits Evaluations experience?
    9. Pending Completion of Concurrent EP
    10. No longer needed; second signature in claim.

    Tbird
    You know what’s tougher than the VA?
    Everything.
    I simply refuse to believe that we could force our minds and bodies to do the things we did in military service, but we cannot get our claim granted the way we believe it should be.
    Crawl through the mud under fire to find a better fire position? You can beat the VA.
    Jump out of an airplane and have your parachute collapse? You can beat the VA.
    Survive 2 years of 120 degree days and 80 degree nights in Iraq, living under constant threat of mortar attacks? You can beat the VA.
    I do believe, however, that we must approach our VA Disability claim with the same discipline, the same grit, and the same professionalism as we approached everything in our military career.
    Reprinted with permission from The Veterans Law Blog
     
    I Have Found 8 distinct patterns in VA Disability Claims.
    I have been representing Veterans in the VA Disability Claims process for 8 years. During that time, I have looked at hundreds, if not thousands, of VA C-Files.
    And while looking through those C-Files, I began to notice patterns.
    Patterns why the VA acted in certain ways.
    Patterns of filings by Veterans.
    Patterns of evidence in certain types of claims.
    I found 8 patterns that were so common, that it was hard to ignore their impact on a VA claim’s outcome or timeline. I realized that the Veterans that did MORE of these 8 things had completely different experiences with the VA disability claims process.
    A large percentage of people that followed the 8 patterns – what I call the 8 Steps – had very different outcomes and timelines in their VA disability claims and appeals.
    I tested the 8 Patterns in my Firm’s VA Disability Claims.
    When we followed all 8 Steps – and broke all 8 patterns – we achieved faster and more satisfactory outcomes from the VBA. Now, I don’t want to mislead you
    The VA still took a long time. But instead of taking 3 years for the VA to get a decision, we received many decisions in under a year. In a few cases, we received decisions in under 90 days.
    The VBA still made a lot of mistakes in the VA disability claims. But the VA errors were fewer and smaller.
    The results were shocking enough that I decided to share my experience with Veterans like you on the Veterans Law Blog.
    Here are the 8 Steps YOU can Take to Improve Your VA Claim.
    Step #1: The Veteran has to “See the Solution”.
    The VA may be the problem. But Congress isn’t the solution. The VA isn’t the solution. YOU are the solution.
    When you realize that you have MORE Power in Your VA Claim than you think you do, you have taken the 1st step in improving your VA Disability Claim.
    Start this Step by reading about the “5 Reasons that the VA Keeps Screwing Up Your VA Disability Claim”.
    Step #2: Get your VA C-File.
    The C-File is the most important document in your entire VA Disability Claim. Often times, the reason that the VA is denying your disability claim is in your C-File.
    Retired Army First Sergeant Daniel T. says it best:
    “I received my VA C-File less than 10 days, thanks. I read partial of my C-File and the information for my claim is in there, VA just didn’t read/find it. I found it on page 26 and again on page 29, wow. The only thing that I was missing from my C-File was my [name of his Specific Medical Record].”
    Get your VA C-File NOW – don’t wait another day. Follow this link to find out the method my firm uses to get Veteran’s C-Files from the VA.
    Step #3: Learn the Law.
    You don’t need to become a lawyer.
    But you do need to understand some of the basic law of a VA Disability Claim or Appeal. There are 10 Cases that I think Every Veteran Should Know – I teach you how to USE the law in these cases to help your VA disability claim.
    If you have a Sleep Apnea Claim, it is crucial to learn which arguments you will want to make – all turning on what type of sleep apnea you have and when it was diagnosed. (Check out the hugely popular VA Sleep Apnea Field Manual – in eBook format and as a paperback book.)
    If you have a TDIU claim – understanding how the VA looks at evidence and arguments in these claims can change how the VA treats your claim.
    Vietnam Veteran Gary A. said this about my Veterans Law eBook teaching the basics of a TDIU claim:
    “This eBook is pure gold. I am a Vietnam vet with a 80 % disability rating, currently being evaluated by the VA for TDIU. This book gave me the knowledge and faith that I have done the right things to be successfully evaluated.”
    Step #4: Build the 4 Pillars.
    4 Pillars need to be built in nearly every VA disability claim for service connection. The 4 Pillars are: Eligibility, Service Connection, Impairment Rating, and Effective Date.
    The most important pillar is Service Connection.
    The pattern that I saw most frequently in failed VA disability claims was that the Veteran did not know the 4 Pillars of a VA claim, or the 5 Ways to Service connect a disease, disability or injury. Far too many Veterans either made the VA look for the needle in the haystack, or relied on just 1 of the legal theories of service-connection.
    You can learn everything you need to know about proving VA Service Connection and the 4 Pillars of a VA claim in my 5 hour webinar. Don’t worry, it’s recorded, and broken down into bite-sized chapters so you don’t have to watch it all at once and can come back to it any time you want. Click here to get your copy today.
    Step #5: Use 5-Star Evidence.
    Next to not getting a C-File, using bad evidence or the wrong evidence is the single worst thing you can do in your VA Disability Claim. Most Veterans that had problems with the VA treated evidence like this: they hid the evidence in a haystack, and then griped at the VA for not finding the needle.
    I believe that to successfully prove your claim, you will need to learn – and use – 5 Star Evidence.
    Veterans need 2 types of evidence to prevail: Lay Evidence and Medical Evidence. Lay Evidence is the Bullet, and Medical Evidence is the Rifle. And my Veterans Law eBook VA Claims Evidence Field Manual (The Secret to Proving Your VA Disability Claim) will teach you the basics of using both.
    Vietnam Veteran Eddie T. said this about the Veterans Law Blog eBooks:
    “I am a 100-percent Vietnam combat veteran, who has had the good fortune of working for VA in the capacities of adjudication clerk, claims development, and three-years of training as an adjudicator. It has always intrigued me how lawyers win VA claims for veterans, when we fail to do so. I now have that answer.”
    Step #6: Choose the Battlefield.
    Many Veterans think of the VA Claims Process as a “Hamster Wheel” – and endless circle of claims, denials, and remands that never really gets them anywhere. In this eBook, I try to explain how the process is better thought of as a ladder.
    When we better understand the VA Claims Process, we can choose our Battlefield. Certain battles – like effective dates and many impairment rating issues – cannot be easily won at the VA Regional Office.
    They are often more easily won at the BVA.
    Other battles need to be fought at the Veterans Court. By understanding the VA Claims Process better, we can choose to stop fighting the wrong level of the VA, and push our claim into the forum where it is most likely to get granted.
    Step #7: Protect Survivors & Dependents.
    1 out of 3 cases that my Firm handles are for the surviving spouses of Veterans that died while their claim was pending at the VA.
    There are some things that Veterans need to do – NOW – to protect their surviving spouses and dependents in the event that they die while their VA disability Claim is pending.
    Preparing your claim for your survivor’s DIC claim, or Accrued Benefits claim, is something that you can start doing now…believe me, it will make it much easier for your surviving spouse to recover Dependency and Indemnity Compensation or Accrued Benefits if the VA does not grant your claim before you pass away.
    Step 8: Choose Your Representative Wisely.
    Not everyone likes to change their own oil. And for some folks, removing and cleaning the carburetor on a motorcycle is an impossible task.
    When you are in over your head, seek out help:
    Check out over 700 posts here on the Veterans Law Blog, where I post every weekday on VA disability claims topics.
    Talk to other Veterans that have been down this road before, on sites like Hadit.com, the Asknod Blog, or on Facebook in groups like VAisLying.com,
    I’ve written over 10 Veterans Law eBooks (I call them Field Manuals) that go into much more depth than even the lengthy posts on the Veterans Law Blog. Click here to check out all the Field Manuals – including those that are about to be published.
    From attorneys that are accredited to represent Veterans in their VA Disability Claims. (Here is a FREE eBook to help you figure out how to find and choose the attorney that is best for you in your VA Claim or Appeal.
    I have to tell you – no blog, no Veterans message board, no Facebook group of Veterans, and no Veterans Law eBook can take the place of good legal advice from an accredited VA attorney. The information I provide on this site in the Veterans Law Blog and Veterans Law eBooks are meant to be general guidance and education – not legal advice.
    Legal advice will be narrowly tailored to the specifics of YOUR VA Disability claim. These eBooks are general in nature – and designed to increase your education about, and understanding of, the VA Disability Claims process.
    If you trust the VA, they are very fond of telling Veterans that they don’t need to hire an attorney – and I’m not telling you that you do. But when you get in over your head, Get Help. Just make sure you get help from someone that knows what they are doing.
    Watch your back when it comes to VSOs – read about how the VFW literally betrayed a Veteran they represented. Read about a VSO that doesn’t know the timelines in the VA Claims Process.
    And watch your back with VSOs.

    Tbird
    The following information is from the VA's website and is provided here for your convenience.
    If you are calculating retroactive pay, check out our VA Historical Compensation Rates post. 
    Review 2024 Veterans disability compensation rates. Use our compensation benefits rate tables to find your monthly payment amount. We base your monthly payment amount on your disability rating and details about your dependent family members.
    Compensation rates for Veterans with a 10% to 20% disability rating
    Effective December 1, 2023
    Note: If you have a 10% to 20% disability rating, you won’t receive a higher rate even if you have a dependent spouse, child, or parent.
    Disability rating
    Monthly payment (in U.S. $)
    10%
    171.23
    20%
    338.49
    Compensation rates for Veterans with a 30% to 100% disability rating
    Effective December 1, 2023
    With a dependent spouse or parent, but no children
    Compensation rates for 30% to 60% disability rating
    Find the dependent status in the left column that best describes you. Then look for your disability rating in the top row. Your basic monthly rate is where your dependent status and disability rating meet.
    If your spouse receives Aid and Attendance benefits, be sure to also look at the Added amounts table, and add it to your amount from the Basic monthly rates table.
    Learn more about Aid and Attendance benefits
    Basic monthly rates for 30% to 60% disability rating
    Dependent status
    30% disability rating (in U.S. $)
    40% disability rating (in U.S. $)
    50% disability rating (in U.S. $)
    60% disability rating (in U.S. $)
    Veteran alone(no dependents)
    524.31
    755.28
    1,075.16
    1,361.88
    With spouse (no parents or children)
    586.31
    838.28
    1,179.16
    1,486.88
    With spouse and 1 parent (no children)
    636.31
    904.28
    1,262.16
    1,586.88
    With spouse and 2 parents (no children)
    686.31
    970.28
    1,345.16
    1,686.88
    With 1 parent(no spouse or children)
    574.31
    821.28
    1,158.16
    1,461.88
    With 2 parents(no spouse or children)
    624.31
    887.28
    1,241.16
    1,561.88
    Added amounts for 30% to 60% disability rating
    Dependent status
    30% disability rating (in U.S. $)
    40% disability rating (in U.S. $)
    50% disability rating (in U.S. $)
    60% disability rating (in U.S. $)
    Each additional child under age 18
    31.00
    41.00
    51.00
    62.00
    Each additional child over age 18 in a qualifying school program
    100.00
    133.00
    167.00
    200.00
    Spouse receiving Aid and Attendance
    57.00
    76.00
    95.00
    114.00
    Compensation rates for 70% to 100% disability rating
    Find the dependent status in the left column that best describes you. Then look for your disability rating in the top row. Your basic monthly rate is where your dependent status and disability rating meet.
    If your spouse receives Aid and Attendance benefits, be sure to also look at the Added amounts table, and add it to your amount from the Basic monthly rates table.
    Learn more about Aid and Attendance benefits
    Basic monthly rates for 70% to 100% disability rating
    Dependent status
    70% disability rating (in U.S. $)
    80% disability rating (in U.S. $)
    90% disability rating (in U.S. $)
    100% disability rating (in U.S. $)
    Veteran alone(no dependents)
    1,716.28
    1,995.01
    2,241.91
    3,737.85
    With spouse (no parents or children)
    1,861.28
    2,161.01
    2,428.91
    3,946.25
    With spouse and 1 parent (no children)
    1,978.28
    2,294.01
    2,578.91
    4,113.51
    With spouse and 2 parents (no children)
    2,095.28
    2,427.01
    2,728.91
    4,280.77
    With 1 parent(no spouse or children)
    1,833.28
    2,128.01
    2,391.91
    3,905.11
    With 2 parents(no spouse or children)
    1,950.28
    2,261.01
    2,541.91
    4,072.37
    Added amounts for 70% to 100% disability rating
    Dependent status
    70% disability rating (in U.S. $)
    80% disability rating (in U.S. $)
    90% disability rating (in U.S. $)
    100% disability rating (in U.S. $)
    Each additional child under age 18
    72.00
    82.00
    93.00
    103.55
    Each additional child over age 18 in a qualifying school program
    234.00
    267.00
    301.00
    334.49
    Spouse receiving Aid and Attendance
    134.00
    153.00
    172.00
    191.14
    With dependents, including children
    Compensation rates for 30% to 60% disability rating
    Find the dependent status in the left column that best describes you. Then look for your disability rating in the top row. Your basic monthly rate is where your dependent status and disability rating meet.
    If you have more than one child or your spouse receives Aid and Attendance benefits, be sure to also look at the Added amounts table, and add these to your amount from the Basic monthly rates table.
    Learn more about Aid and Attendance benefits
    Basic monthly rates for 30% to 60% disability rating
    Dependent status
    30% disability rating (in U.S. $)
    40% disability rating (in U.S. $)
    50% disability rating (in U.S. $)
    60% disability rating (in U.S. $)
    Veteran with 1 child only (no spouse or parents)
    565.31
    810.28
    1,144.16
    1,444.88
    With 1 child and spouse (no parents)
    632.31
    899.28
    1,255.16
    1,577.88
    With 1 child, spouse, and 1 parent
    682.31
    965.28
    1,338.16
    1,677.88
    With 1 child, spouse, and 2 parents
    732.31
    1,031.28
    1,421.16
    1,777.88
    With 1 child and 1 parent (no spouse)
    615.31
    876.28
    1,227.16
    1,544.88
    With 1 child and 2 parents (no spouse)
    665.31
    942.28
    1,310.16
    1,644.88
    Added amounts for 30% to 60% disability rating
    Dependent status
    30% disability rating (in U.S. $)
    40% disability rating (in U.S. $)
    50% disability rating (in U.S. $)
    60% disability rating (in U.S. $)
    Each additional child under age 18
    31.00
    41.00
    51.00
    62.00
    Each additional child over age 18 in a qualifying school program
    100.00
    133.00
    167.00
    200.00
    Spouse receving Aid and Attendance
    57.00
    76.00
    95.00
    114.00
    Compensation rates for 70% to 100% disability rating
    Find the dependent status in the left column that best describes you. Then look for your disability rating in the top row. Your basic monthly rate is where your dependent status and disability rating meet.
    If you have more than one child or your spouse receives Aid and Attendance benefits, be sure to also look at the Added amounts table, and add these to your amount from the Basic monthly rates table.
    Learn more about Aid and Attendance benefits
    Basic monthly rates for 70% to 100% disability rating
    Dependent status
    70% disability rating (in U.S. $)
    80% disability rating (in U.S. $)
    90% disability rating (in U.S. $)
    100% disability rating (in U.S. $)
    Veteran with child only (no spouse or parents)
    1,813.28
    2,106.01
    2,366.91
    3,877.22
    With 1 child and spouse (no parents)
    1,968.28
    2,283.01
    2,565.91
    4,098.87
    With 1 child, spouse and 1 parent
    2,085.28
    2,416.01
    2,715.91
    4,266.13
    With 1 child, spouse and 2 parents
    2,202.28
    2,549.01
    2,865.91
    4,433.39
    With 1 child and 1 parent
    1,930.28
    2,239.01
    2,516.91
    4,044.48
    With 1 child and 2 parents (no spouse)
    2,047.28
    2,372.01
    2,666.91
    4,211.74
    Added amounts for 70% to 100% disability rating
    Dependent status
    70% disability rating (in U.S. $)
    80% disability rating (in U.S. $)
    90% disability rating (in U.S. $)
    100% disability rating (in U.S. $)
    Each additional child under age 18
    72.00
    82.00
    93.00
    103.55
    Each additional child over age 18 in a qualifying school program
    234.00
    267.00
    301.00
    334.49
    Spouse receiving Aid and Attendance
    134.00
    153.00
    172.00
    191.14
    Note: We’re required by law to match the percentage of cost-of-living adjustments made to Social Security benefits. These adjustments help to make sure that the purchasing power of your benefits keeps up with inflation. 
    Get the latest cost-of-living adjustment (COLA) information on the Social Security Administration’s (SSA) website
    How to use the tables to find your monthly payment
    Find your basic rate
    Go to the compensation rates for your disability rating. On the Basic monthly rates table, find the amount for your disability rating and dependent status. This is your basic monthly rate.
    Example (Veteran with no children):
If you’re a Veteran with a 30% disability rating, and you have a dependent spouse (no dependent parents or children), your basic monthly rate would be $586.31 each month.
    Find your added amounts, if any apply
    If your spouse receives Aid and Attendance benefits or you have more than one child, you may qualify for additional monthly payment amounts as listed in the Added amountstable.
    Learn more about Aid and Attendance benefits
    First, determine your basic rate.
    Example (Veteran with children):
If you’re a Veteran with a 70% disability rating, and you have a spouse, plus 3 dependent children under the age of 18, you would start with the basic rate of $1,968.28 (for a Veteran with a spouse and 1 child).
    Next, look at the Added amounts table. Find the amount for children under age 18 ($72.00).
    Since your basic rate already provides payment for 1 child, you would add the rate of $72.00 for each additional child (so $72 x 2).   
    If your spouse receives Aid and Attendance, you would also add $134 (which is the added amount for a spouse receiving Aid and Attendance, for a Veteran with a 70% disability rating).
    In our example of a Veteran with 70% disability rating, your total monthly payment amount would be:
    $1,968.28 basic rate (1 spouse, 1 child)
+$72 (second child under 18)
+$72 (third child under 18)
+$134 (spouse who receives Aid and Attendance)
Total $2,246.28 

    Tbird
    In a previous post, I talked about the only two legal processes through which a Veteran can raise a claim for an Earlier Effective Date. Reprinted with Permission from Veterans Law Blog   While there are two legal processes to pursue an earlier effective date, several legal theories can be used in those processes. Here are 2 of the most common legal theories to argue for an Earlier Effective Date in a VA Disability Compensation Claim.   1.) Reopen your claim and prove service connection based on military service records or service medical treatment records.   This is one that the VA hates.  Here’s how it works.   You, the VA, or any third party discovers service records or service medical records that were not previously included in the VA C-File.  38 CFR 3.156(c) requires that the VA reconsider any previously denied claim to which those records might apply.   If those records lead to a grant of service connection for a previously denied claim (even if finally adjudicated), then 38 CFR 3.156(c)(2) contains the following requirement:

      The VA hates 3.156(c).  They commonly “overlook” this basis for an earlier effective date when Veterans find new military service records or military treatment service records.     2.) Show that the VA should have granted an earlier claim date based on the “implicit denial” doctrine.   The VA doesn’t have to dig through your C-file to find every viable claim.   However, if a claim is “reasonably raised” by the record, then the VA’s failure to address it could be considered an “implicit denial” of that claim.   Here’s how that might work.   A Vietnam-era Veteran who served at NKP in Thailand files a claim for service-connection due to Agent Orange exposure.   He tells the VA that he has  Diabetes Mellitus Type II.   To confirm the diagnosis of Diabetes, the VA receives medical records from the Veteran’s treating physician.   The treating physician’s records are replete with diagnoses of ischemic heart disease. However, in the ratings decision, the VA failed to address the ischemic heart disease, even while granting Service-Connection for the Diabetes based on Agent Orange Exposure.   A claim like this might be “reasonably raised” by the record.  In fact, this scenario occurs very frequently. While granting one claim, the VA turns a blind eye to a fairly obvious claim in the record that the Veteran may or may not have specifically asked for.  Most commonly this occurs with secondary conditions – conditions that the medical record clearly indicates are caused by the service-connected condition.   This happens because the bureaucrats deciding VA claims have little or no medical knowledge or training and are punished for thinking outside the box.   The BVA and the CAVC are going to look at a couple factors in analyzing the implicit denial doctrine:  relatedness of the claims, the timing of the claims, whether the ratings decision (or other adjudication of the Veterans Benefits claim) refers to the condition in a way that suggests it was denied, and whether the Veteran was represented or acting pro-se.   Remember, there are only 2 paths to an Earlier Effective Date – a CUE claim (or a Motion to Revise the Effective Date based on Clear and Unmistakeable Error), and as a legal basis in a current and pending appeal.

    Tbird
    The VA C and P Exam is not about convincing the Dr. your injury is service-related. It's about letting them conduct their exam and come to their conclusion.
    What is that Perspective?
     
    Honestly, it comes down to recognizing that the purpose of the VA C and P Exam is NOT to convince the doctor that your injury is service-connected but to let them conduct their exam and draw their conclusion. Ultimately, your current disability is or is not related to military service. Regardless of what the doctor says or what the VA Rater says, the limitations or symptoms are either related or not to your time in service.” Chris Attig Veterans Law Blog
    A doctor’s opinion can’t change what is or is not. It’s just another piece in the puzzle of proof. And the C&P Exam is just another piece of that puzzle. It is not the only piece – but if we view it as such, we often make our claims harder than they should be. And we certainly make them more stressful.
    Reprinted here with permission from Veterans Law Blog
    1. Every C&P Exam has 2 Goals.
     
    The first goal is to have the doctor confirm that your injury, disability, or limitations are related to your military service – to prove the Nexus Pillar – and/or to establish the degree you are disabled – the Impairment Pillar. 
     
    The second goal is to draw out the “evidentiary gap” in your claim through a C&P exam. The evidentiary gap is the difference between what is IN the record and how the VA SEES what is in the record. If you are denied service connection, it is almost always because of an evidentiary gap. Rather than throwing a haystack at the RO and then yelling at the VA for not finding the needle – let the Examiner tell you what is missing by reading their opinion. The key is NOT to provide excessive amounts of information in your C&P exam – keep your answers short and “make” the doctor get into your file to review the evidence. They tell you what is missing by what they focus hardest on. It is THEIR report which shows the evidentiary gap – not your statements in the C&P. This brings us to the next tip….
    2. Answer only the questions the VA C and P examiner asks.
    If the doc asks, “How are you doing,” and you throw the entire history of your claim at her over the next 15 minutes, what happens? She zones out. She doesn’t hear what you are saying and may find it hard to care about it. I get emails daily – some are 8-9 pages of micro-detailed histories of a VA Claim. It’s hard to read them. It’s hard to understand them. It’s hard to pick up the phone and call that person because I know I will get more facts I don’t need. Listen, I’m really good at doing this work, and while there are some real shit-bird doctors out there, there are some really good ones. They know how to call out the information they need to get the facts to understand the situation. So just answer the question you are asked – not the question you want to answer. But when you do answer the question, follow Tip #3
    3. Keep it Simple and Basic.
    Limit what you say to symptoms and limitations or nexus to brief statements. If you can’t answer the question “Why is your injury related to military service?” in under 20 seconds, you are talking too much. Here’s a great example of how you might respond to a VA C&P Examiner’s question about nexus: “You should defer to my Claims File as that has my complete position on why my injury is related to my service….but, very generally…..  Because of the in-service injury to my right knee, I began to overcompensate. Now my left knee needs replacement.” or “I was raped in basic training, and during the rape, my attacker broke my jaw. I now cannot eat or swallow properly.” or “I was diagnosed with prostate cancer while in service.” The more you talk, the more ways an examiner has to deny your claim without ever looking at the file. The less you talk – the more direct and to the point you are – the more they have to read the file.
    4. Be Polite and Courteous – and Know What the Examiner has to Deal With.
     
    I’ve said it before – there are some real shit-bird docs in the VA system. There’s the examiner that comes into the room – grumbly and angry – and tells you that you have five minutes to tell your story. There’s the examiner that will hear something different than what you said – and twist your words to fit their medical theory. And there are the examiners that just plain don’t get it – they may not have the medical training needed to draw the conclusion they are being asked to draw. Even if you are a VA C&P Examiner reading this, I think you would agree that you can think of a colleague who is not doing what they are required to do.
    Smile. Be pleasant and courteous. Know that even if this doctor concludes that there is no nexus between your military service and your condition, it will not be the end of the world. There are ways to “correct” a bad C&P Exam. 
    Your C&P Examiner has a short time to talk to you. They will have 15-20 (or more) exams daily. Each exam will be for a Veteran with at least 750+ pages of records to comb through. These examiners have something in common – they work in an overburdened system that overloads them with information and gives them minutes to sort through it. Sometimes they will have to draw conclusions about complex conditions they are not trained to handle. And a good bit of the time, they will make mistakes. They will get it wrong.
    It’s not the end of the world if they do. But what is essential – in the grand scheme of fixing this system – is that we treat every C&P Examiner with a modicum of courtesy and respect. Say hello. Smile. Be pleasant and courteous. Know that even if this doctor concludes that there is no nexus between your military service and your condition, it will not be the end of the world. There are ways to “correct” a bad C&P Exam. There are other types of opinions that you can use – like the Disability Benefits Questionnaire (DBQ).
    Get their name, and talk to them about their background – and after the exam, write down thorough notes about what happened – good and bad – in the exam.  What did they test? What did they measure? What body parts did the doctor look at – and not look at.
    Suppose you are going to legally attack a bad C&P Exam. In that case, you will need this information to challenge the methodology, measurements, and conclusions. And you won’t be able to do this if you start the exam on a sour note. So – above all – be courteous, civil, and concise.
     
    5. Don’t Act Like a “Professional Claimant”. 
    C&P Examiners do exams – dozens a day – every day for weeks on end. When you are exposed to this many Veterans, you start seeing patterns. Especially if you are a doctor trained to identify and analyze patterns of symptoms and limitations in a medical condition.
    Listen, C&P Examiners can spot the Professional Claimant a mile away. And if they see you as a Professional Claimant, it will taint the exam and the outcome of the exam. So resist using legalistic phrases, theories, and concepts. Talk like a human being – not a lawyer or a VSO. Tell the doctor about your symptoms. Your limitations. Have a concise statement of why you think your disability and service are related. (Take a look at the first post in this series to get an example of how to put together such a concise statement).
    And whatever you do, don’t go off on rants about the VA Process, complex legal theories, or past errors.
    The system is screwed up – we all get that. But one VA C&P Examiner isn’t going to fix the whole system or remedy every past error in your case.
    So keep it simple and basic: talk only about the symptoms and limitations of your disability, and have a one-sentence statement about nexus to tell the doctor when you are asked.
     
    6. Do NOT Advocate to – or Debate With – the C&P Examiner.
     
    C&P Examiners are doctors – not lawyers and not judges.
    Though their opinion will carry some sway – a lot of sway – with the Rater in your claim, in the end it is just an opinion.
    Let them draw their opinion.   If it is negative, or doesn’t fit the facts, there are other doctors with other opinions that the Rater or BVA can balance and weigh to find the truth.
    Do NOT try to prove your claim to the examiner.  Most Vets that do try to prove their claim end up overwhelming the C&P Examiner with facts that he or she may or may not be able to process in the moment.  They will overload them with case law and legal language – much of which is irrelevant to the Doctor.
    And remember – there is a mortal battle between doctors and lawyers. Since the first lawyer sued the first doctor, they have always had a very cat-and-dog relationship (I say this somewhat “tongue in cheek”).  If you start talking like a lawyer, you are going to shut that doctor off to understanding your medical condition, and I can guarantee that your exam will end with a negative opinion.
    Think about it in the context of your most recent job or profession – if someone walked in and started barking all this legalese while telling you how to do your job, what would your reaction be?
    You’d feel bullied or attacked. You’d feel insulted and marginalized.  You might zone out on the person talking, and miss what they are really trying to say.  Or you might do whatever you had to do to get that person out of your office, or cubicle, or maintenance bay.
    Nobody likes being bullied.  So don’t advocate your claim to the C&P Examiner – it’s not the time and place to advocate for your claim.
    It is the time to talk about symptoms and limitations – and to DRIVE the examiner back into your C-File and medical records to study the claim.
    Rather than launch into the medical and legal theory of your claim, and spend 15 minutes forcing the C&P Examiner to “zone out”, why not push them to look at the records.
    Consider this exchange:
    Doctor:  Tell me about your sleep apnea symptoms since you left the military.
    Veteran:  My medical records and claims file detail all of the symptoms – the many apneas throughout the night, my need for a CPAP, the daytime sleepiness problems from getting a good nights sleep – but the bottom line is that since service, I wake up several times each night gasping for air, and the only relief I get is when I wear this CPAP machine.
    You got your point across – succinctly.  You pushed the Examiner to look at the facts (and if she doesn’t, that will be obvious in her decision).  And you did it in a concise and courteous way.
    Bottom line – the C&P Exam is not the time to be an advocate or a lawyer.
    Keep your discussion limited to  symptoms and limitations only, and your one-liner about why you think it is service-connected.
    Far too many veterans approach their VA C&P exam like it’s a hearing or a trial. The result of this is that the VA C&P examiner acts like a lawyer and defends the VA’s position. In other words, you get an adverse – and very legalistic – VA C&P exam opinion.
    Are you ready to experience different results in your VA C&P exam? If so, then this post is just for you.  The tips and strategies in this post center on a common theme: If you want better results in your VA C&P exam, don’t lecture the examiner.  Paint a picture of how your disability affects you.
    By the way, this is the third post in a 3-part series offering tips an strategies for having a better experience in a VA C&P exam. You can read the first set of tips by clicking here, or click here and read second set of tips.
    7. Know What is “At Issue” in the VA C&P Exam.
     
    In earlier tips, I told you to talk only about symptoms and limitations, or if you had to, have a brief statement (20 seconds and 1 sentence) that explains why you think your condition is service connected.
    But this begs the question – how do you know what is going to be discussed in your VA C&P Exam?
    This comes back to knowing the 4 Pillars of a VA claim. If you don’t understand these 4 pillars, and how to prove service connection to the VA, you will struggle in your VA C&P exam and likely get poor results.
    I’ve prepared an entire video training course for you to learn everything you need to know about proving VA service connection – I recommend you start learning there. You can read about all 4 Pillars by clicking here.
    But let’s talk generally.
    Your VA C&P exam will invariably involve issues in only 2 of those pillars: diagnosis (Pillar 2), nexus (Pillar 2), or impairment rating (Pillar 3). If your exam is for a condition that has not been service connected,  there is a good chance that it is either a “nexus” exam or a “diagnostic exam”.
    Let’s talk about the diagnostic exam. Remember that the VA has a Duty to Assist?
    While I tell veterans all the time not to confuse the “Duty to Assist” with “Actual Assistance”, there is one scenario where I think the VA does a good job of assisting Veterans in their claims.
    That scenario arises if you have not yet had your medical condition diagnosed – in certain situations, the VA is required to send you for a diagnostic C&P exam to diagnose your medical condition before a decision can be made about service-connection or impairment rating.
    If, however, there is no reasonable possibility that the condition could be service-connected even if diagnosed, the VA does NOT have to send you for a diagnostic C&P exam.
    If your exam is not a diagnostic C&P exam, then you can be sure that the doctor will want to talk to you about “nexus” and the “impairment rating” criteria.
    So here’s what you should do – first, prepare your brief statement as to why you think your condition is related to military service – keep it short and sweet (see Post #1 for a great example) and remember that the goal is to force the Examiner into the C-File to study your medical and military service records.
    Next, look up the rating criteria in 38 CFR Table 4 to determine what factors the doctor will want to know when deciding on your rating percentage.  Click here to learn how to find out what your Impairment Rating criteria are.
    Focus on these symptoms and limitations in your discussion.
    Lastly, if you have enough time before your exam, prepare a summary of your medical records for the doctor to review – even if he or she already has the C-File in front of them.
    I explain exactly how to do this in my Training package – How to File a VA Claim.
    In that video, I will teach you how to assemble and organize the medical evidence that proves your claim for service connection by using my unique “VA Claim Map“.
    It’s not hard to do, and it will help you keep your claim organized.  Many doctors have really appreciated the summary of the claim that we sometimes send with our clients to C&P Exams.
    8. When you talk about your condition, paint a picture.
    When I tell my clients this tip, I tell them to think “Toilet Bowls”.
    I had a client that was going in for a VA C&P Exam to re-evaluate the impairment rating on his knee condition.
    The prior VA C&P doctors had never considered the “instability” in his knee joint when low-balling his rating in the past.  So we knew this exam would focus on the instability of the Veteran’s knee.
    In our prep for the C&P Exam, I asked my client to describe his knee instability.  Here’s the story he told me.
    “When I use the restroom at work, I cannot get off the toilet bowl without help.  I tried, but I ended up breaking the toilet paper rack because it could not support my weight without breaking.  I was laying on the floor in my own piss while my co-workers helped me stand up and get my pants on. I have this problem at home, and in public restrooms everywhere – I cannot stand up off the toilet on my own because my knee is so weak and unstable.”
    That story is particularly effective in describing problems with knee stability.
    Why?
    Because the veteran painted a picture that used a toilet bowl. Nobody can easily forget that kind of visual images.
    Now, I’m not saying to describe all your symptoms using a “Toilet Bowl” example – what I am saying is that you should paint a picture for the examiner of how the symptoms affect your daily life and work activities.
    In a claim for aid & attendance, don’t say: “I need help getting dressed”.  Instead say: “My 16 year old daughter has to help me zip my pants every morning because my Parkinson’s prevents my fingers from being able to work my own zipper.”
    In a claim for PTSD rating, don’t say: “I have trouble getting along with co-workers”.  That’s not a picture – it’s just a statement that every other Veteran is probably telling the same examiner.  Paint the picture, and say: “I spend 2 hours a day hiding in the bathroom at work on the floor of the handicapped stall because I’m so scared of being around other people with my PTSD.”
    See what I’m saying?
    Don’t state symptoms. Paint a picture of how they impact your daily living – especially in your home, social and work lives.
    But be careful, though – don’t embellish. Everyone can spot someone engaging in self-serving hyperbole or exaggeration (you know the type – in the military we called them “Bulls**t Artists”).
    Just describe the problems your symptoms are giving you in your daily living and working activities by painting a picture of when and how often they surface.
    9. Get the Doctor’s name and a Copy of your VA C&P Exam.
     
    I’ve shared this tip before – when the exam is done, ask the Doctor for his/her business card – or just their name if you can.  Be friendly about it – not confrontational.
    Why do you want to do this? Because the Veterans Court has said that unless you challenge a doctor’s credentials, you are allowing the VA to presume that they doctor was competent and the exam was adequate.  So, get the doc’s name.  Then read up on how to challenge the doctor’s credentials in a Notice of Disagreement if your VA &P Exam comes back adverse or negative.
    And then – I cannot stress this enough – get a copy of the C&P Exam.
    Before the Ratings Decision comes out, if you can.  Here’s how to go about getting a copy of the C&P Exam using the Freedom of Information Act (FOIA).
    10. After the VA C&P Exam – Write Down your Notes.
     
    A growing issue in the arena of veterans benefits is the adequacy of the exams that VA C&P Examiners provide.
    You may not have a lawyer now, but if you do someday, it will be incredibly helpful to your attorney to know the step-by-step process of what happened in your VA C&P Exam.
    This is particularly true in a VA C&P Exam to rate a knee injury: the doctor must consider so many things (range of motion, instability, functional loss, pain, flareups, and more) that knowing what the doctor did and did not ask you to do during a VA C&P exam can be critical to challenging it later.
    What tests did the Doctor perform?
    What questions did he ask?
    Did she use any tools or instruments to take any measurements?
    After you leave your exam, take 20 minutes, sit down, and write – to the best of your recollection – a step by step of what happened in the exam.
    Doesn’t need to be perfect.
    Doesn’t need to have every word. Just enough for someone to look at later and assess whether the tests that the Doctor did – if they did any at all – were adequate to achieve the purposes of the exam.    Just write the key facts of what happened, what was measured, and what tests were performed.
    If you are feeling particularly lawyerly, type your notes into a Sworn Declaration like this one, and sign and date it the day of the exam.
    Tuck it away in your records and then, if your attorney or representative needs it later, you have a document contemporaneous to the exam that discusses what happened and didn’t happen.
    This will make your statements about the inadequacy of the exam years down the road far more credible – because they weren’t blurred by time or memory bias.
     

    Tbird
    If you reach 100% - Permanent and Total, more benefits are available to you. This is by no means an extensive list. Be sure to check your state benefits.
    Benefits
    Check your state's veterans benefits here. Dental treatment for 100% disabled veterans benefits. Educational Assistance for Dependents: (under chapter 35) Must be rated a 100% disabled veteran by the VA. Civilian health and medical program for dependents/survivors (CHAMPVA). Must be rated a 100% disabled veteran by the VA. Specially Adapted Homes Veterans Mortgage Life Insurance: Decreasing term mortgage insurance up to $90,000 for veterans who have received a Specially Adaptive Housing grant and have an existing mortgage. Waiver of cost of Service Disabled life Insurance: an additional $20,000 of life insurance at cost to the veteran. Veterans must have applied for insurance within two years of the initial disability rating or within two years of a new disability rating. An increase in a disability rating does not qualify as a new disability. Commissary and Exchange privileges for veterans and dependents: The veteran must request a letter from the VA specifying the veteran is in receipt of 100% disability and then applies for a military ID card at the nearest ID card issuing facility. Emergency treatment in non-VA facilities: if VA facilities are not available. Annual Eye exams and prescribed eyewear Specially Adapted Housing (SAH) Grant
    SAH grants help Veterans with certain service-connected disabilities live independently in a barrier-free environment. SAH grants can be used in one of the following ways:   Construct a specially adapted home on land to be acquired Build a home on land already owned if it is suitable for specially adapted housing Remodel an existing home if it can be made suitable for specially adapted housing Apply the grant against the unpaid principal mortgage balance of an adapted home already acquired without the assistance of a VA grant Special Housing Adaptation (SHA) Grant
    SHA grants help Veterans with certain service-connected disabilities adapt or purchase a home to accommodate the disability. You can use SHA grants in one of the following ways:   Adapt an existing home the Veteran or a family member already owns in which the Veteran lives Adapt a home the Veteran or family member intends to purchase in which the Veteran will live Help a Veteran purchase a home already adopted in which the Veteran will live Eligibility
    Suppose you are a service member or Veteran with a permanent and total service-connected disability. You may be entitled to a Specially Adapted Housing (SAH) grant or a Special Housing Adaptation (SHA) grant.   Read more at the VA Website. Discuss this topic on our forum.

    Tbird
    Everything Veterans Affairs does with your service-connected disability compensation claim is governed by law. You may want to bookmark this page as a reference as you proceed with your claim. It can be a bit daunting. Just remember, the U.S.C. is the law, the C.F.R. is how they interpret the law, and last but certainly not least is the V.A. adjudication manuals, which is how they apply the law. The law's section covering veteran's benefits is Title 38 in the U.S.C. The C.F.R. is usually written 38 C.F.R. or something similar; V.A. frequently requested manuals are listed below.
    U.S.C. United States Code U.S.C.A. United States Code Annotated U.S.C.S. U.S. Code Service C.F.R. Code of Federal Regulations United States Code is the law, and the U.S.C. is the government's official copy of the code. The U.S.C.A. contains everything printed in the official U.S. Code but includes annotations to case law relevant to the particular statute. Like the U.S.C.A., the U.S.C.S. contains everything printed in the official U.S. Code but includes annotations to case law relevant to the particular statute. The C.F.R. is the interpretation of the law.         VA M-21 Compensation and Pension Manual VA M-21-4 C & P Authorization Procedures VA M28-3 Vocational Rehabilitation Internal Control in Vocational Rehabilitation and Counseling  

    Tbird
    VA Disability Claims Glossary will aid you as you pursue your VA Claim. There are words, acronyms, abbreviations, and more...the VA has its own language.
    VA Disability Claims Glossary
    VA Disability Claims When searching for information, it’s important to get the acronyms right.
    FR is Federal Register. CFR is the Code of Federal Regulations. U.S.C. is the United States Code. Pub. L. is Public Law. Stat. is U.S. Statutes at Large. E.O. is Executive order. Proc. is Proclamation sec. is a section of a Public Law or the United States Code Advance on the Docket A change in the order in which an appeal is reviewed and decided – from the date when it would normally occur to an earlier date.
    ALJ Administrative Law Judge
    AOJ Agency of Original Jurisdiction
    Appeal A request for a review of an AOJ determination on a claim.
    Appellant An individual who has appealed an AOJ claim determination.
    Axis Multi-axial systemThe DSM-IV organizes each psychiatric diagnosis into five levels (axes) relating to different aspects of disorder or disability:
    Axis I: Clinical disorders, including major mental disorders and learning disorders Axis II: Personality disorders and mental retardation (although developmental disorders, such as Autism, were coded on Axis II in the previous edition, these disorders are now included on Axis I) Axis III: Acute medical conditions and physical disorders Axis IV: Psychosocial and environmental factors contributing to the disorder Axis V: Global Assessment of Functioning or Children’s Global Assessment Scale for children and teens under the age of 18 BMAO Board medical advisor opinion
    Board The Board of Veterans’ Appeals.
    Board Member, An attorney appointed by the Secretary of Veterans Affairs and approved by the President, who decides veterans’ benefits appeals.
    Board of Veterans’ Appeals The part of the VA that reviews benefit claims appeals and issues decisions on those appeals.
    BVA Board of Veterans Appeals
    BVA Hearing A personal hearing, held at the BVA office in Washington, D.C., or a regional office, is conducted by a member of the Board. A BVA hearing can be held via videoconference from some regional offices. Also, see Travel Board Hearing.
    C & P Compensation and Pension
    C-FILE VA Claims Folder
    CFR Code of Federal Regulations
    Claim A request for veterans’ benefits.
    Claim Number A number assigned by VA that identifies a person who has filed a claim; often called a “C-number.”
    Claims File Same as claims folder.
    Claims Folder The file containing all documents concerning a veteran’s claim or appeal.
    Court of Veterans Appeals An independent court that reviews appeals of BVA decisions.
    COVA U.S. Court of Veterans Appeals
    CUE Clear and Unmistakable Error
    Decision The final product of BVA’s review of an appeal. Possible decisions are to grant or deny the benefit or benefits claimed or to remand the case back to the AOJ for additional action.
    Determination A decision on a claim made at the AOJ.
    Docket A listing of appeals that have been filed with BVA. Appeals are listed in numerical order, called docket number order, based on when a VA Form 9 is received by VA.
    Docket Number The number assigned to an appeal when a VA Form 9 is received by VA. By law, cases are reviewed by the Board in docket number order.
    DRO Decision Review Officer
    DSM IV Diagnostic and Statistical Manual of Mental Disorders 4th Edition
    DSM 5 Diagnostic and Statistical Manual of Mental Disorders 5th Edition
    EAJA Equal Access to Justice Act
    En banc In the bench. Full bench. Refers to a session where the entire membership of the court will participate in the decision rather than the regular quorum. In the U.S., the Circuit Courts of Appeal usually sit in panels of judges, but for important cases, they may expand the bench to a larger number when they are said to be sitting en banc.
    File To submit in writing.
    FOIA Freedom Of Information Act
    GAF Global Assessment of Functioning Scale (Use of GAF Score ceased in 2014 with the publishing of the DSM 5)
    GOE Gathering of Evidence on eBenefits.
    Hearing A meeting, similar to an interview, between an appellant and an official from VA who will decide an appellant’s case, during which testimony and other evidence supporting the case is presented. There are two types of personal hearings: Regional office hearings (also called local office hearings) and BVA hearings.
    HISA Home Improvement and Structural Alterations Program
    IFP In Forma Pauperis In the character or manner of a pauper. Describes permission given to a poor person (I.e., indigent) to proceed without liability for court fees or costs. An indigent will not be deprived of his rights to litigate and appeal: if the court is satisfied with his indigence, he may proceed without incurring costs or fees of court.
    IG Inspector General
    Infra Below, under, beneath, underneath. The opposite of supra, above. Thus we say primo gradu est – supra, pater, mater, infra, filius, filia: in the first degree of kindred in the ascending line, above is the father, and mother, below, in the descending line, son and daughter.
    Issue A benefit sought on a claim or an appeal. For example, if an appeal seeks a decision on three different matters, the appeal is said to contain three issues.
    IU Individual Unemployability
    Local Office Hearing A personal hearing conducted by an RO officer. A regional office hearing may be conducted in addition to a BVA hearing.
    Member of the Board, An attorney appointed by the Secretary of Veterans Affairs and approved by the President, who decides veterans’ benefits appeals.
    Motion A legal term is a request that some specific action is taken.
    Motion to Advance on the Docket A request that BVA reviews and decide on an appeal sooner than when it normally would be based on the appeal’s docket number order.
    Motion to Reconsider A request for BVA to review its decision on an appeal.
    New and Material Evidence
    a. A claimant must submit “new and material” evidence to reopen a previously disallowed claim.
    (1) To qualify as “new” evidence under 38 CFR 3.156, evidence, whether documentary, testimonial, or in some other form, must be submitted to VA for the first time. For example, a veteran injured while on duty may not have realized immediately that the condition required medical attention and may have sought treatment later that evening from a private physician. A compensation claim might later be denied if the service medical records contain no mention of treatment for the condition. Should the claimant subsequently submit proof of treatment by the civilian physician, that information would constitute new evidence on which the claim could be reopened?
    (2) A photocopy or other duplication of information already contained in a VA claims folder does not constitute new evidence since it was previously considered; neither does information confirming a point already established, such as a statement from a physician verifying the existence of a condition which has already been diagnosed and reported by another physician. Even though such a medical evaluation is from a different doctor, it offers no new basis on which the claim might be reopened unless it contains new information, such as evidence that the condition first manifested itself earlier than previously established.
    b. In order to be considered “material” under 38 CFR 3.156, the additional information must bear directly and substantially on the specific matter under consideration.
    (1) For example, if VA has previously determined that a back condition claimed by a World War II veteran is not service-connected, evidence that the claimant received treatment shortly after release from active duty might be considered new and material if the VA had previously been unaware of that treatment. However, information addressing only the current severity of the condition submitted now, over 40 years after service, may not have a bearing on the issue of whether the condition was incurred or aggravated during military service and does not warrant reopening the prior claim.
    (2) Statements and affidavits attesting to the claimant’s good character since his or her release from active duty are irrelevant if the issue is the character of the claimant’s military service, but any new information offering mitigating circumstances for an action that resulted in an “other than honorable” discharge would address the specific issue under consideration and would warrant reopening the claim.
    (3) A medical opinion is not material if it relies on historical facts which are wholly inaccurate.
    c. A determination by VA that information constitutes “new and material evidence” means that the new information is sufficiently significant, either by itself or in connection with evidence already of record, that it must be considered in order to decide the merits of the claim fairly. It does not mean that the evidence warrants a revision of a prior determination.
    d. A decision not to reopen a claim because the evidence submitted is not new and material is an appealable decision. The claimant must be furnished notice of procedural and appellate rights.
    NOA Notice of Appeal
    NOD Notice of Disagreement
    Notice of Disagreement written statement expressing dissatisfaction or disagreement with a local VA office’s determination on a benefit claim that must be filed within one year of the date of the regional office’s decision.
    NVLSP suggests adding this to the I-9 form- usually, there is enough space under the hearing questions on the I-9 form. “I take exception to and preserve for appeal ALL errors the VARO may have made, or the Board hereafter could make in deciding this appeal. This includes all legal errors, all factual errors, failure to follow M21-1, all due process errors, and any failures to discharge the duty to assist as a violation of basic VA laws and regulations within 38 USCS and 38 CFR.”
    NSLI National Service Life Insurance
    NSO National Service Officer
    Per Curiam By the court. A phrase used to distinguish an opinion of the whole court from an opinion written by any one judge. Sometimes it denotes an opinion written by the chief justice or presiding judge or a brief announcement of the disposition of a case by the court not accompanied by a written opinion.
    PFD Preparation For Decision on eBenefits
    PL Public Law
    POA Power of Attorney
    PTSD Post Traumatic Stress Disorder
    Regional Office A local VA office; there are 58 regional VA offices throughout the U.S. and its territories.
    Regional Office Hearing A personal hearing conducted by an RO officer. A regional office hearing may be conducted in addition to a BVA hearing.
    Remand An appeal returned to the regional office or medical facility where the claim originated.
    Representative Someone familiar with the benefits claims process who assists claimants in preparing and presenting an appeal. Most representatives are Veterans’ Service Organization employees who specialize in veterans’ benefits claims. Most states, commonwealths, and territories also have experienced representatives to assist veterans. Other individuals, such as lawyers, may also serve as appeal representatives.
    RO Regional Office
    RO Hearing A personal hearing conducted by an RO officer. A regional office hearing may be conducted in addition to a BVA hearing.
    ROA Record on Appeal
    SC Service Connection
    SMR Service Medical Record
    SOC Statement of Case
    SSA Social Security Administration
    SSDI Social Security Disability Income
    SSOC Supplemental Statement of Case
    Statement of the Case Prepared by the AOJ is a summary of the evidence considered, as well as a listing of the laws and regulations used in deciding a benefit claim. It also provides information on the right to appeal an RO’s decision to BVA.
    Substantive Appeal A completed VA Form 9.
    Supplemental Statement of the Case A summary, similar to a SOC, that the VA prepares if a VA Form 9 contains a new issue or presents new evidence and the benefit is still denied. A Supplemental Statement of the Case will also be provided after an appeal is returned (remanded) to the RO by the Board for new or additional action.
    TDHR Texas Department of Human Resources
    TDIU Total Rating Based on Individual Unemployability
    Travel Board Hearing A personal hearing conducted at a VA regional office by a member of the Board.
    United States Court of Veterans Appeals An independent court that reviews appeals of BVA decisions.
    USC United States Code
    VA Veterans Administration
    VA Form 9 This form, which accompanies the SOC, formally initiates the appeal process.
    VAMC Veterans Administration Medical Center
    Veterans’ Service Organization, An organization that represents the interests of veterans. Most Veterans’ Service Organizations have specific membership criteria, although membership is not usually required to obtain assistance with benefit claims or appeals.
    VJRA Veterans’ Judicial Review Act
    VRO Veterans Administration Regional Office
    VSO Veterans’ Service Organization
    Well Grounded A well-grounded claim requires three elements: (1) a medical showing of a current medical condition; (2) lay or, in certain circumstances, the medical evidence of disease or injury in service; and (3) medical evidence showing a nexus between the asserted injury in service and the current disability. Where medical evidence is required, medical journal articles alone will generally not suffice unless they are enhanced by a physician’s opinion stating that the current disability was related, is likely to be related, could be related, or even possibly was related to service. A physician’s opinion need not be conclusive to establish a well-grounded claim.
    Alternatively, both the second and third elements above can be satisfied by the submission of minimum evidence (a) that the condition was “noted” during service or during an applicable presumption period; (b) that there has been post-service continuity of symptomatology (as to which lay opinion can suffice; and (c) medical, or in some rare circumstances, lay evidence of a nexus between the present disability and the post-service symptomatology.
    Writ of Mandamus: A writ of mandamus is an order issued by a court to compel an agency to act on a decision that has been unreasonably withheld. It is used in the VA context when the VA does nothing on a claim after you have asked that it be decided. It cannot be used to compel a particular result — say, service connection — only that the VA go up or down on it.

    Tbird
    Be clear in VA Disability Claims. If the VA needs to ask for clarification, it just slows the process.
    I want to share some insight on how veterans can help themselves get their claims through the system as quickly as possible. I will also share some of my frustrations with the many system-clogging claims that I receive and must address.
    First, here’s some general info on claims processing steps in my office: Next, for claims, the veteran’s C-file is retrieved from the files and sent to the development section. Development then sends a letter acknowledging receipt of the claim and lists the claims. This letter should also include the release of information form(s) 4142 so that private medical records (not VAMC) that the veteran says are relevant to the claim can be obtained. When the veteran returns the signed forms, the VA contacts the care provider by mail requesting the records. Sometimes, we receive no response and must request the records again. This also delays the decision process. Please be aware that many VA Regional Offices, including mine, receive thousands of pieces of mail every day. Each of these must be stamped with the date received. This takes time. 
    When all records are received, or it is determined that records are not obtainable, the claim goes to the Rating Board.
    1. Hints I hope are helpful:
    Be clear about what you are claiming. VA policy says that we must respond with a letter acknowledging and listing your claimed conditions or conditions for which you are claiming an increase. If we need to ask for clarification, it just slows the process. An unclear claim is “nerve condition.” This could mean nerve damage or a mental condition. Please be specific. Put your claimed conditions where they can be found at the beginning. The development people are buried in paper. A rambling explanation with claims hidden in a lengthy text can get missed. I can’t count the number of times that I’ve had to send a claim back to the development section for another letter to the veteran acknowledging the missed claim. Another delay. I understand that some veterans cannot afford to pay for copies of their private medical records. However, if at all possible, include copies of relevant medical records with your claim. It really does speed the process. We have to give the doctor or hospital 60 days to respond to our request before sending a second request. They have 30 days after that. If they don’t respond, we do no more because it is ultimately the veteran's responsibility to provide relevant private records. Relevant is the key. I go through every piece of paper sent in support of the claim. If, for instance, you claim knee problems, your psychiatry and gynecologist records, billing/insurance statements, etc., are not needed, they just slow my ability to decide the claim. More is not better; relevant is. Help us to help you. Do get copies of your service medical and personnel records when you are discharged or from the National Personnel Records Center (NPRC). If VA has them, request copies. It’s free, folks. It just takes a bit of effort on your part. Yes, the VA and other agencies do lose/misfile records. It stinks, but this is the reality of any monstrously huge agency such as the VA and NPRC. Without these records, my hands are tied. I may personally believe you, but I must have in-service medical evidence for most claims. Don’t send in additional claims before you get a decision on the initial or increased claim. Depending on the issues, this can cause the processing of your claim to be sent back to the beginning. 2. Frustrations:
    Think before you claim. Is this really a disability? Is this a condition that occurred in service? I must address each claimed condition no matter what it is. We have daily production requirements. Therefore, a claim with numerous issues, especially meritless ones (more on that later), tends not to get handled as quickly. Our office processes 600-700 claims per week. We return to work on Monday, only to find many or more new claims. Most of us are hard workers who care about the quality of our decisions. It is frustrating to be accused of delay tactics when the sheer volume of claims and the complexity of many claims make it impossible to schedule a VA exam or render decisions as quickly as the veteran would like. I apologize to you. I’m pedaling as fast as I can Most veterans are sincere and want only what they deserve. Some are in desperate financial shape and are hoping we can help. My heart and my best efforts go out to them. Others may not realize a claimed condition is not a disability. Others… Here are just a few examples of some disability claims that I have received that cause a slowdown in an already overloaded system: compensation for a venereal disease contracted and cured in 1971, abnormal PAP smears (weird cells but not malignant or showing other diseases); tubal ligation, circumcision, vasectomy (the last 3 are voluntary: and unless there were medical complications are not disabling); exposure to local people; my wife’s miscarriage; numbness of the legs due to spinal anesthesia administered in the 1960s (this from a veteran serving a life prison sentence. No spinal anything in service: but the prison treatment records show diabetes with leg neuropathy); claims for injuries, medical conditions, and diseases that occurred long after the veteran left service (that are not presumptive, i.e., Agent Orange, radiation-related); claims for medical problems that occurred while a dependent spouse. Veterans working for the VA do NOT have their disability claims rated by the Regional Office where they work. Employee veterans do not even have access to our VA files. They are stored at another VA office. And I can personally attest that military veteran VA employees do not get preferential treatment for their claims. In my experience and others in my office, we go through the same process as other veterans. The difference is that we know what is required to decide a claim more quickly. I’m glad to share this with you and hope it helps.

    Tbird
    Caluza Triangle – Caluza vs Brown defined what is necessary for service connection. See COVA– CALUZA V. BROWN–TOTAL RECALL
    This has to be MEDICALLY Documented in your records:
    Current Diagnosis.   (No diagnosis, no Service Connection.) In-Service Event or Aggravation. Nexus (link- cause and effect- connection) or Doctor’s Statement close to: “The Veteran’s (current diagnosis) is at least as likely due to x Event in military service” This is also known as the “Hickson Elements” for a later case. Why you need to know: If all three of these things are not documented in your medical and service records, you will need to obtain this documentation before getting service connected. This applies whether you applied last week or 10 years ago.
    Note:  Secondary Service Connection and Presumptives are a little easier.  If you have a diagnosis, and a doctor says that your diagnosis is at least as likely as not due to your (service-connected condition), then you need not AGAIN establish an in-service event or aggravation.    A presumptive Service connection means if you meet the applicable criteria, your condition is “presumed” to be caused by military service.  You will still need a current diagnosis, but you may get a bye on the nexus if you meet the requisite criteria for presumptive conditions.
     
    Hickson Elements –In order to establish a service connection for the claimed disorder, there must be: 
    1. medical evidence of a current disability;
    2. medical, or in certain circumstances, lay evidence of the incurrence or aggravation of a disease or injury in service or during the presumptive period; and
    3. medical evidence of a nexus between the claimed in-service disease or injury and the current disability. Hickson v. West, 12 Vet. App. 247, 253 (1999).
    From VA.gov
     
     
    More on Caluza Triangle from member Broncovet:

    Tbird
    When a Veteran starts considering whether or not to file a VA Disability Claim, they tend to ask many questions. Over the last ten years, the following are the 14 most common basic questions I am asked about when it comes to filing Veterans Affairs Disability Claims. [Reprinted here with permission from Veterans Law Blog] 
    1. What benefits do you get from a VA Disability claim?
    There are several major categories of VA benefits you can get when you file and win VA Disability claims. You should look at the VA’s “derivative benefits matrix” to see what other VA benefits you may be eligible for from the VA.
    CATEGORY 1: Non-Service Connected Pension. These benefits are available to “wartime” veterans with no or low income due to non-servive connected disabilities. The calculation of the amount of the pension can be very difficult, so reach out to any attorney if you have been denied or feel like the VA didn’t calculate the pension correctly.
    CATEGORY 2: Education Benefits. There is a wide array of VA educational benefits available to veterans seeking additional education, from the GI Bill to Dependents Educational Assistance and additional monthly compensation for dependents in college. Not only should you look at the VR&E benefit in Category 5, but you should also evaluate your eligibility fo
    CATEGORY 3: Survivor benefits. The VA provides many programs to assist veterans' spouses, dependents, survivors, and caregivers. You can find a rather thorough list on the VA’s website.
    CATEGORY 4: Health Care benefits. VA Healthcare is available to all veterans, with more disabled veterans (and veterans in special groups) getting higher priority access to care. You can learn more about what VA healthcare is and what it covers by clicking here. In some cases, your dependent, spouse, or survivor may be eligible for CHAMP-VA coverage.
    CATEGORY 5: Employment Benefits. This category involves benefits such as access to the VA’s Vocational Rehabilitation program (now called VR&E, for Vocational Readiness & Employment) services to help with job training, employment accommodations, resume development and job-seeking skills coaching. You might also be eligible for help starting your own businesses or getting help with independent living services if you are severely disabled and unable to work in traditional employment. Veterans with a service-connected disability have access to a 10-point federal employment hiring preference.
    CATEGORY 6: VA Disability claims for “Service Connected” compensation benefits. It is this sixth category of benefits that is the focus of this post – and the focus of the Veterans Law Blog since 2007. In this category of benefits, veterans receive monthly compensation for the impairment of earning capacity that results from diseases, conditions, and disabilities that had their origin in military service.
    (Note that you do not need to show that military service CAUSED the disability – Congress long ago recognized that Veterans should get benefits even if a disease or disability that wasn’t caused BY service has its origins IN service.
    When it comes to VA Disability claims for service-connected disabilities, the primary benefit is financial.
    Once you prove to the VA that your current medical condition, disease, or disability is related to your military service, they will assign a percentage of disability to that condition – using a complicated table and formulas.   That percentage of disability translates to a monthly dollar amount.  10% equals one amount….20% another amount… and so on and so forth. You can see the 2021 VA disability ratings by clicking here.
    You can take a look at the current VA Disability claim compensation amounts by clicking here.
    In addition to the basic rates of compensation mentioned above, you can get additional compensation for different scenarios that you raise in your VA Disability claim. The VA, in fact, has a legal duty to maximize a veteran’s benefits in VA disability claims by broadly construing disability compensation claims and awarding as much compensation as the facts and evidence support.
    The best place to begin a search for these benefits is to look at the VA Benefits Eligibility Matrix to see if you are eligible for what the VA calls “derivative benefits” — benefits that derive from VA disability compensation or even a non-compensable service-connected disability rating.
    Here are just a few (you can read about even more by clicking here)
    A Veteran who has a certain percentage of disability ratings for multiple disabilities can be eligible for additional Special Monthly Compensation.  This Special Monthly Compensation is also available to Veterans with certain disabilities that limit the use of, or that resulted in the loss of, their extremities, their reproductive organs, and organs of special sense (vision, etc). Some of these benefits can be substantial – like SMC(t) for veterans with a TBI who have difficulty caring for themselves (or whose family has difficulty caring for them). Veterans who are unable to work because of their service-connected disabilities are entitled to a 100% total rating under a benefits program called Total Disability for Individual Unemployability, or TDIU. Veterans who need special aid and assistance with certain activities of daily living are entitled to an additional amount of compensation. And Veterans with a spouse or certain dependents are entitled to higher rates of compensation as well. There are certain vocational rehabilitation benefits available to Veterans with service-connected disabilities. The total percent rating of your  service connected disabilities can play a role in the ease you get VA Healthcare or the Priority Group you are assigned to. There are grants available for special adaptations to housing or automobiles that can grow out of your service-connected disabilities. Survivors of Veterans are entitled to non-service connected survivors’ pensions – also limited to the lowest-income survivors. These survivors are typically spouses or children, but in some cases, include parents and adult children who were permanently incapable of support before they turned 18. 2. How do I file a VA Disability claim?
     The VA’s answer to this question is found by clicking here. It used to be that you could file a VA Disability claim for a service connected condition, disease or disability just by writing your claim on a piece of paper – a famous anecdote that floats around the Veterans’ community is the veteran who  wrote his claim on a square of toilet paper while in prison.
    This is no longer the case: filing a VA Disability claim has, like many other things in this world, become increasingly complicated.
    Generally, filing a VA Disability claim requires a series of actions:
    Step 1: Filing Phase
    You can first file an informal claim for benefits using the required “intent to file” VA Form.  If you formalize your claim within one year of that informal claim, the VA treats your informal claim as a formal claim.
    There are currently two claims & appeals processes. The legacy system covers cases where the veteran received a VA Ratings Decision before February 19, 2019 (and did not opt into AMA). The AMA Modernized Appeal system covers cases where the veteran received a VA rating decision dated after February 19, 2019. The system you are in primarily controls the process the VA uses, and, for the most part, the laws pertaining to service connecting a disability are largely the same.
    Step 2: Development Phase
    You can let the VA develop the evidence to support your claim – officially, they have a Duty to Assist the Veteran in this development of certain claims in limited situations.
    Or, you can be more proactive and develop your OWN claim, using the three types of evidence common to VA disability claims and appeals.  Theoretically, these claims are supposed to be decided more quickly, and for the most part, they are.  But by developing your own claim and using the knowledge, information, and tools I share on the Veterans Law Blog, you can set your claim up for more thorough decisions, more proper decisions, quicker decisions, and….worst case scenario, if you have to appeal, a better chance at winning your claim on appeal.
    Step 3: The Decision Phase
    In this phase, the VA will decide that there is possible merit to your VA Disability claim for service connection of one or more conditions.
    In most scenarios, they will send you to a C&P (Compensation & Pension) Examiner, who is, in theory, a medical doctor who will decide if your diagnosed condition is related to your military service and how bad your condition is, percentage-wise.
    The VA might, before or after that review, issue a denial or a grant of benefits that is supposed to address a few questions, what I call the ‘4 Pillars’ of a VA Claim:
    Pillar 1: Are you eligible to file a VA Disability claim for compensation benefits
    Pillar 2: is the medical condition – or conditions – in your VA Disability claim related to your military service? (This pillar is often called the “service connection” or “nexus” element of your VA Disability claim)
    Pillar 3: To what degree does your disability impair your ability to seek and hold work, or engage in average daily living activiites? I call this pillar the “Impairment Rating”.
    Pillar 4: What effective date are you entitled to (it is the effective date that governs how far back in the past your benefits will be retroactive).  Some Veterans call this “back-pay” or “past-due benefits”, and depending on how long you have been battling the VA, they can often go back decades.  My colleague at another law firm won a case for a Veteran with a service connection granted all the way back to the 1950s, for example.

                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                         
    Step 4: The Administrative Appeal Phase.
    If you are not satisfied with the VA’s decision in step 3, you can appeal.
    How you appeal has recently become very complicated. As of February 2019, the VA introduced a new appeal process called the Modernized Appeal system (or AMA), replacing the old “Legacy Appeal system.
    You can read about the Legacy Appeals process by clicking here – there is a TON of information on the Veterans Law Blog® for those veterans who remain in the Legacy Appeals system.
    You can read about the AMA appeals process by clicking here. As we learn more about this relatively new process, the Veterans Law Blog® will share what we learn.
    Under the Legacy Appeals process, the goal was to get your denied VA disability claims reviewed by either or both a DRO (Decision  Review Officer), or to a Veterans Law Judge (VLJ) at the  BVA (Board of Veterans Appeals). To do the latter, you had to  “perfect your appeal” by filing several forms in a particular sequence and on a specific timeline. Under the Legacy system, you could then get a BVA hearing: an in-person hearing in DC, during a video conference hearing from a VA facility near you, or waive the hearing and submit a “brief” with “exhibits” and have the VLJ review your claim “on the record” before it. The BVA Judge could do one or more of the following – reverse, remand, grant, or any combination of those 3. By far, a combination of the 3 is most common. After that, these are the different things the BVA VLJ can do, in order of most to least common:
    Remand the claim for the development of more evidence; Deny your appeal (also known as affirming the VA denial of your VA Disability claim); Grant your appeal (also known as reversing the VA Denial of your VA Disability claim). The VA AMA modernized appeal process is much different. You can seek a Higher Level Review, file a supplemental claim, or appeal to the BVA. If you appeal to the BVA, you have to pick one of three “hearing” lanes. The BVA judge cannot remand except in incredibly limited scenarios.
    Step 5: The Court Appeal Phase
    If you are not satisfied with your BVA Decision, so long as it is not a remand, you can appeal to the Court of Appeals for Veterans Claims (aka, the “CAVC” or the “Veterans Court”).  That court only decides whether a BVA decision is proper under the law or properly applied law to fact….it cannot make factual findings.
    On average, between 70-80% of BVA Decisions contain a reversible or remandable legal error, so if you have a BVA Decision, please talk to an attorney with experience at the Veterans Court to discuss appealing it.
    Veterans do not pay out-of-pocket for lawyers at the CAVC…if the Veteran wins at the CAVC, the VA has to pay the lawyer out of IT’S own pocket and NOT out of the Veteran’s past-due benefits.
    The CAVC can do any of the following: affirm (uphold) a BVA Decision, reverse (reject) a BVA decision, vacate (erase) a BVA decision, and remand (send a decision back to the BVA for repair of legal errors.  It can also combine 2 or more of those types of relief, depending on the case.
    Step 6: Judicial Review phase
    If you are not satisfied with your CAVC Decision, you have a limited opportunity for judicial review at the Federal Circuit Court of Appeals (Fed Circuit) and then the  Supreme Court of the United States.
    The Federal Circuit only has the ability to decide PURE questions of law…I’d be willing to bet that 80-90% of Fed Circuit decisions in Board cases are “Rule 36’s”… decisions without a written opinion, typically because the Court does not have jurisdiction over the appeal.
    Getting review at the Supreme Court is much harder, and appeals to both courts can be very expensive….filing fees alone at the Federal Circuit cost $500 and the cost of copying and filing the brief and the record of proceedings below costs between $2,000 and $5,000….so attorneys and Veterans tend to be more conservative about appeals to these courts.
    3. When do I file a veterans benefits claim?
    Ideally, you want to file your VA disability claim within a year after discharge from military service. (Learn about the one VA Program I like – the Benefits at Discharge Delivery, or BDD, Program)
    However, most conditions do not get diagnosed for years or decades after service.  In those cases, if you are filing an original VA Disability claim (i.e., for the first time), you should file at least the intent to file a claim form mentioned above as soon as you have a suspicion that your condition is related to military service.
    This protects the earliest possible effective date for your VA Disability benefits claims.
    If you are filing claims for increased compensation, then you want to file the claim for increased rating as soon as you believe your condition is getting worse.
    3. Where do I file my VA benefits claims?
    Technically, your VA Disability claim is filed with the VA Regional Office for your geographic area.
    However, you can file your VA Disability claim online through the eBenefits portal for Veterans, or, if you want to be sure that you create a paper trail for your claim to make sure it is not lost by the VA, you can file it by sending it to the Evidence Intake Center (also known as the VA’s EIC in Janesville, Wisconsin).
    5. Who can help me file and appeal claims for service-connected VA disability compensation?
    Anyone that you trust can help you with VA Disability claims.
    However, nobody can charge you a fee for filing your VA Disability claim – attorneys and accredited agents are only allowed to charge a fee for filing or helping you in your VA Disability claim after the VA has denied the claim.
    Some national organizations, like the Disabled American Veterans (DAV), Veterans of Foreign Wars (VFW) and the American Legion (Legion or AL) have what are called “Veteran’s service representatives” or VSOs that volunteer to help with filing initial VA disability claims. The quality of work or help you get varies widely, and I’ve seen both extremes: I’ve seen VSOs that do amazing work for free, and I’ve seen VSOs that pull the rug out from under their “client” or “member.
    Organizations like the Paralyzed Veterans Association (PVA) and the Vietnam Veterans of America (VVA) get consistently high marks for the work they do for their members.
    6. How long does it take to receive compensation after filing VA Disability Claims?
    The amount of time that it takes for the VA to decide a VA Disability claim can very greatly, and depends on a lot of variables: how difficult your claim is, how many conditions you include in the VA Disability claim, how well your claim is prepared, whether your claim is a Fully Developed Claim or not, how big your VA Regional Office is, etc.
    Here are some general rules:
    * If you click here, the VA provides its current time for processing claims (154 days as of the date of this writing). Keep in mind, appeals can take much, much longer, but for the most part, we are seeing most veterans get VA rating decisions on their original claims in under 6 months.
    * If you are really bored, or like looking at really small numbers on mind-numbingly complicated spreadsheets, click here to see how long claims are currently taking in your geographic region.  Pour a scotch or glass of wine…these spreadsheets are consistent with everything the VA does….hard to understand, loaded with jargon, and obvious number juggling to hide problems in the system.
    * Claims for VA disability benefits that are filed with smaller urban and rural VA Regional Offices are faster than VA Disability claims filed with larger metropolitan VA Regional Offices.
    * Once you file an appeal, it can take 3-10 years to get a decision, again, depending on variables that are too numerous to list here
    * Veterans can speed up the timeframe by filing well-developed and well-documented claims, like we teach here on the Veterans Law Blog®.
    7. How do I check the status of my VA Disability claims?
    That, right there, is the million dollar question.
    The VA will tell you to call their VA toll-free number 1-800-827-1000 to get the status. Veterans that use this approach find that they are able to enjoy their favorite hobby while waiting to talk to someone at the VA: some Veterans relax and enjoy 2-3 hours of hold “muzack”, others read the week’s newspapers or a few magazines, and others have actually written a book while waiting on hold.  If you are among the patient and lucky few that get through to a human being on the 1-800 line, here are some tips and pointers how to get more value and information out of the call.
    The VA also suggests that you check your status on eBenefits. eBenefits is a federal government site online which you log into and perform several claims-related actions, including file a claim.
    Be forewarned, though – eBenefits is a glitchy and inaccurate tool.  For example, if you log into my eBenefits account, it shows that the VA held a hearing on my VA Disability Claim 2 years before I filed it.  That’s a true story, folks.  Now that is efficiency – maybe the VA will start a new pilot program: the pre-claim denial process.
    Be careful what you see on eBenefits..it’s not always your claim status, and its not always accurate, and its rarely up to date.
    8.How are VA service-connected compensation benefits calculated?
    I wish that I could tell you that the VA simply added up your disability ratings from individual conditions to reach your total disability rating, and paid you according to that rating.
    But the VA doesn’t do it that way. They use a unique system called “VA Math” to “combine” your individual disability ratings into a total, and then they award a monthly amount of compensation that corresponds to the resulting total impairment rating.
    You can read more about impairment ratings here – Veterans have a lot more control over these ratings than they have been led to believe, however.  I teach Veterans how to improve or maximize their ratings for a TON of conditions – knee/arthritis, sleep apnea, PTSD, Tinnitus, Hearing Loss, Fibromyalgia and Chronic Fatigue, Gulf War, Migraines, Diabetes, Parkinson’s Disease and many more!
    In my 5+ hour video training course, “How to Prove the 4 Pillars of a VA Claim“, I teach Veterans how to prove the 4 Pillars of a VA Claim, including a lot of specific ways to prove the degree of disability you experience and get the highest rating possible.
    The only way to get access to this course is to become a subscriber of the Veterans Law Blog®….look at the other perks of subscribing, here.
    9. Does the VA have to pay Veterans retroactive pay (back-pay)?
    Yes, they are required by law to pay all past-due benefits.
    The question is “how far do they go back”?
    There is a whole set of rules that helps the VA decide how far back in time to go to pay retroactive benefits. These rules are called the effective date rules, and there are hundreds of them.
    There are a few general guidelines….it’s not all the rules for every effective date for every type of VA Disability Claim, but it should give you an idea how much you have NOT been told about VA disability benefits over the years.
    * In most VA disability claims, the effective date will be the LATER of the date you filed your claim and the date the entitlement arose. Click here to learn more about what that means.
    * If you file your VA disability claim within 1 year of leaving service, your effective date will typically be your date of separation from military service.
    * Claims for Increased compensation rates follow the general effective date rule, except that if you can show that the worsening of your condition started to occur BEFORE you filed your claim, you can get up to 1 year earlier.
    * In some cases, if the law changes while you are trying to prove a claim, or after you’ve been denied a claim, and your claim is granted pursuant to that change in law that made it easier for you to win (in other words, the change in law is a “claim liberalizing rule”) you may be able to get up to 1 year prior to the date of your claim as your effective date
    * If you reopen a previously denied claim by submitting New and Material Evidence, and you  win the reopened VA Disability claim based on military records, military service records, or military medical records that were previously unavailable to the VA or that the VA neglected to get in the prior claim, you can use the effective date rule in 38 CFR 3.156(c) to get an effective date of your original VA Disability claim date. (NOTE: REOPENED CLAIMS ARE ONLY AVAILABLE IN THE VA LEGACY APPEALS SYSTEM. In the AMA modernized appeals system you will need to file a supplemental claim with new and relevant evidence to revive a previously final claim.
    * If you submit New and Material (under the Legacy System) or New and Relevant evidence (under the AMA Modernized Appeals system) within 1 year of the date your ratings decision denied your VA Disability claim, your claim is “open and pending” (Legacy) or “continuously pursued (AMA Modernized Appeal system) until the VA issues a new ratings decision, and if your benefits are granted based on that new and material evidence, your effective date could be the original date of your claim. This is a risky path to take, though, because if the VA denies your claim because the evidence wasn’t New and Material, then you may have lost your original effective date if you did not file an appeal within that same year after the VA Ratings Decision.
    * If you are a “Nehmer Class Member”, meaning a veteran exposed to dioxin (aka, Agent Orange in Thailand, Vietnam, Korea, or other places), a whole set of effective date rules apply due to the VA’s settlement of a class action lawsuit in the 1980s. These are called the “Nehmer Rules”, and they can get pretty complicated pretty quick.
    * A survivor who files a claim for survivor benefits (DIC, service connection of the cause of death and substitution, for example) will get survivor benefits retroactive to the date of the Veteran’s death if they filed their VA Form 21-534 within one (1) year of the Veteran’s death. If they file the claim for accrued benefits within that year, they may be able to get retroactive benefits paid to the date of any VA Disability claim or appeal pending on the date of the veteran’s death.
    10.Are VA Disability benefits for life?
     I’ll answer this question along with #11.
    11.Are VA Disability benefits permanent?
    Generally speaking, they can be.
    If a medical condition substantially improves, the VA can propose to reduce your disability compensation benefits to different levels.  The rules that they have to follow to do this can differ depending on certain factors, but here are a few considerations…you can click here to learn more about how the VA tries to pick Veterans’ pockets by reducing benefits, and get an idea how to stop it.
    * The VA can only reduce “continuous ratings” (those that have been in effect for 20 years or more) after showing that they were awarded based on actual fraud by the veteran.
    * There are 3 types of ratings in VA Disability claims that are considered “protected” ratings, which the VA cannot reduce without showing first a “substantial improvement” in your medical condition.
    * If a VA Disability rating is considered “unprotected”, the VA can reduce it, but they have to send you notice of their intent to respond, give you an opportunity to respond and submit evidence and if you request it, provide a hearing.  The timelines on this type of reduction are pretty friendly to the VA, and pretty hard for the person filing the VA Disability claim to understand, no less follow, so be ready to move quick and do plenty of legwork to understand what is happening and how to stop it.
    * If you are incarcerated for more than 60 days, on the 61st day, the VA can reduce your VA Disability compensation to no less than 10%, and must reinstate it after your release from jail. Click here to learn more about each time of rating and how long they stay in effect.
    12.Are VA Disability benefits subject to child support?
    Yes.
    In every state that I am aware of, VA Disability benefits are considered income for the purposes of calculating child support.
    Child support laws differ in each state, so there may be nuances from state to state how much is subject to child support, particularly when a portion of your VA Disability benefits is offset by military retirement payments.  The best thing to do is get out ahead of this situation by talking to a local family law attorney and making sure you do right by your kids, state  law, and federal law.
    If you need a referral to a family law attorney in Texas or Arkansas, fill out a support ticket.  I know a lot of family law attorneys in both states and may be able to give you a couple referrals.
    13.Are my VA disability compensation benefits taxable?
    Nope.
    At least not under Federal law.  Amounts paid to Veterans or their families for education, training, subsistence allowances, clothing allowances, disability compensation and/or pension payments are not taxable by the Feds.
    As to whether these benefits are taxable at the State level, consult your state’s income tax agency, as the answer will vary state-by-state.
    14. What are the most common medical conditions that Veterans seek to service connect?
    The VA actually publishes a report of the conditions it service connects, the average ratings for each, and more. Click here to check out the report.
    If you don’t have the stomach to read MORE VA propaganda – and honestly, who can blame you – here are the Top 10 conditions that the VA reports as being part of most original VA Disability Claims (click on the links to see information published on the Veterans Law Blog about these conditions common to VA Disability claims)
    Tinnitus
    Hearing loss
    Lumbosacral or cervical strain
    Limitation of flexion, knee
    Scars, general
    Post-traumatic stress disorder (PTSD)
    Limitation of motion of the ankle
    Migraine
    Impairment of the knee, general
    Bursitis
    Here are some other conditions that I see very frequently in many a VA Disability Claim (click on the links to see information published on the Veterans Law Blog about these conditions common to VA Disability claims)
    Sleep Apnea
    Fibromyalgia
    Peripheral Neuropathy
    Diabetes
    Parkinson’s Disease
    Particulate Matter in the lungs
    Gulf War Illness (aka, Chronic Multi Symptom Illnesses)
    Traumatic Brain Injury
    What other questions do you have?
    If you have other questions about VA disability claims, the claims and appeals process, or other issues related to VA service-connected disability compensation, please type a comment below.
    I do not publish all the comments, but I do read each one and use your questions to expand this post to have the most information possible about VA disability claims.

    Tbird
    How Does VA Rate Mental Health Conditions?
    Aside from eating disorders, the VA rates all mental health conditions using the same diagnostic criteria. Mental health conditions are rated at 0%, 10%, 30%, 50%, 70%, or 100% using the VA’s General Rating Formula for Mental Disorders. These ratings are based on the social and occupational impairment level a condition presents. For example, a veteran experiencing mild symptoms or whose symptoms are well controlled by continuous medication may receive a disability rating of 10%. Veterans with more severe symptoms—such as an intermittent inability to perform the activities of daily living or suicidal ideation—may receive a 100% disability rating.
    Veterans are not required to meet all, or even any, of the criteria in a rating level to qualify for that rating. Since mental health conditions can manifest differently per individual, the VA’s rating formula for mental health conditions is not binding. Symptoms listed in each level of the rating formula are examples of the types and levels of impairment commonly found at that assigned percentage rating.
    38 CFR 4.125 Diagnosis of Mental Disorders
     
    (a) If the diagnosis of a mental disorder does not conform to DSM–5 or is not supported by the findings on the examination report, the rating agency shall return the report to the examiner to substantiate the diagnosis. Diagnostic and Statistical Manual of Mental Disorders, Fifth Edition (DSM–5), American Psychiatric Association (2013), is incorporated by reference into this section with the approval of the Director of the Federal Register under 5 U.S.C. 552(a) and 1 CFR part 51. To enforce any edition other than that specified in this section, the Department of Veterans Affairs must publish notice of change in the Federal Register and the material must be available to the public. All approved material is available from the American Psychiatric Association, 1000 Wilson Boulevard, Suite 1825, Arlington, VA 22209–3901, 703–907–7300, http://www.dsm5.org. It is also available for inspection at the Office of Regulation Policy and Management, Department of Veterans Affairs, 810 Vermont Avenue NW., Room 1068, Washington, DC 20420. It is also available for inspection at the National Archives and Records Administration (NARA). For information on the availability of this information at NARA, call 202–741–6030 or go to http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_publications.html.
    (b) If the diagnosis of a mental disorder is changed, the rating agency shall determine whether the new diagnosis represents progression of the prior diagnosis, correction of an error in the prior diagnosis, or development of a new and separate condition. If it is not clear from the available records what the change of diagnosis represents, the rating agency shall return the report to the examiner for a determination. 
    (Authority: 38 U.S.C. 1155)
    [61 FR 52700, Oct. 8, 1996, as amended at 79 FR 45099, Aug. 4, 2014]
    § 4.126 Evaluation of disability from mental disorders.
    (a) When evaluating a mental disorder, the rating agency shall consider the frequency, severity, and duration of psychiatric symptoms, the length of remissions, and the veteran's capacity for adjustment during periods of remission. The rating agency shall assign an evaluation based on all the evidence of record that bears on occupational and social impairment rather than solely on the examiner's assessment of the level of disability at the moment of the examination. 
    (b) When evaluating the level of disability from a mental disorder, the rating agency will consider the extent of social impairment, but shall not assign an evaluation solely on the basis of social impairment. 
    (c) Neurocognitive disorders shall be evaluated under the general rating formula for mental disorders; neurologic deficits or other impairments stemming from the same etiology (e.g., a head injury) shall be evaluated separately and combined with the evaluation for neurocognitive disorders (see § 4.25). 
    (d) When a single disability has been diagnosed both as a physical condition and as a mental disorder, the rating agency shall evaluate it using a diagnostic code which represents the dominant (more disabling) aspect of the condition (see § 4.14). 
    (Authority: 38 U.S.C. 1155)
    [61 FR 52700, Oct. 8, 1996, as amended at 79 FR 45099, Aug. 4, 2014]
    § 4.127 Intellectual disability (intellectual developmental disorder) and personality disorders.
    Intellectual disability (intellectual developmental disorder) and personality disorders are not diseases or injuries for compensation purposes, and, except as provided in § 3.310(a) of this chapter, disability resulting from them may not be service-connected. However, disability resulting from a mental disorder that is superimposed upon intellectual disability (intellectual developmental disorder) or a personality disorder may be service-connected. 
    (Authority: 38 U.S.C. 1155)
    [79 FR 45100, Aug. 4, 2014]
    § 4.128 Convalescence ratings following extended hospitalization.
    If a mental disorder has been assigned a total evaluation due to a continuous period of hospitalization lasting six months or more, the rating agency shall continue the total evaluation indefinitely and schedule a mandatory examination six months after the veteran is discharged or released to nonbed care. A change in evaluation based on that or any subsequent examination shall be subject to the provisions of § 3.105(e) of this chapter. 
    (Authority: 38 U.S.C. 1155)
    [61 FR 52700, Oct. 8, 1996]
    § 4.129 Mental disorders due to traumatic stress.
    When a mental disorder that develops in service as a result of a highly stressful event is severe enough to bring about the veteran's release from active military service, the rating agency shall assign an evaluation of not less than 50 percent and schedule an examination within the six month period following the veteran's discharge to determine whether a change in evaluation is warranted. 
    (Authority: 38 U.S.C. 1155)
    [61 FR 52700, Oct. 8, 1996]
    § 4.130 Schedule of ratings—Mental disorders.
    The nomenclature employed in this portion of the rating schedule is based upon the American Psychiatric Association's Diagnostic and Statistical Manual of Mental Disorders, Fifth Edition (DSM–5) (see § 4.125 for availability information). Rating agencies must be thoroughly familiar with this manual to properly implement the directives in § 4.125 through § 4.129 and to apply the general rating formula for mental disorders in § 4.130. The schedule for rating for mental disorders is set forth as follows: 
    9201 Schizophrenia
    9202 [Removed]
    9203 [Removed]
    9204 [Removed]
    9205 [Removed]
    9208 Delusional disorder
    9210 Other specified and unspecified schizophrenia spectrum and other psychotic disorders
    9211 Schizoaffective disorder
    9300 Delirium
    9301 Major or mild neurocognitive disorder due to HIV or other infections
    9304 Major or mild neurocognitive disorder due to traumatic brain injury
    9305 Major or mild vascular neurocognitive disorder
    9310 Unspecified neurocognitive disorder
    9312 Major or mild neurocognitive disorder due to Alzheimer's disease
    9326 Major or mild neurocognitive disorder due to another medical condition or substance/medication-induced major or mild neurocognitive disorder
    9327 [Removed]
    9400 Generalized anxiety disorder
    9403 Specific phobia; social anxiety disorder (social phobia)
    9404 Obsessive compulsive disorder
    9410 Other specified anxiety disorder
    9411 Posttraumatic stress disorder
    9412 Panic disorder and/or agoraphobia
    9413 Unspecified anxiety disorder
    9416 Dissociative amnesia; dissociative identity disorder
    9417 Depersonalization/Derealization disorder
    9421 Somatic symptom disorder
    9422 Other specified somatic symptom and related disorder
    9423 Unspecified somatic symptom and related disorder
    9424 Conversion disorder (functional neurological symptom disorder)
    9425 Illness anxiety disorder
    9431 Cyclothymic disorder
    9432 Bipolar disorder
    9433 Persistent depressive disorder (dysthymia)
    9434 Major depressive disorder
    9435 Unspecified depressive disorder
    9440 Chronic adjustment disorder 
    General Rating Formula for Mental Disorders    

    Tbird
    There have been some changes within the VA appeals process. It is no longer referred to as such; it has undergone a significant transformation and is now known as the decision review process. This change was implemented to make the process more efficient and effective for those involved.
    Suppose you disagree with a VA decision made on or after February 19, 2019. In that case, rest assured that you have multiple options available! The decision review process has been designed to provide three distinct avenues (Supplemental Claim, Higher-Level Review, or Board Appeal) for you to continue pursuing your case.
    Each option provides different advantages, and you can select the one that best aligns with your specific circumstances and needs. And the best part? If you choose an option and find that the result doesn't meet your satisfaction, you're not stuck with that outcome. You are fully entitled to try out another eligible option.
    Remember, the process may seem daunting, but you are not alone. Continue to persevere and advocate for the benefits you deserve. Keep going. You got this!
    From VA.gov VA decision reviews and appeals
     
    Request a decision review
    Decision review option: Supplemental Claim
    You can file a Supplemental Claim if you have new and relevant evidence that we didn't have when we reviewed your case before.
    Decision review option: Higher-Level Review
    Ask for a higher-level reviewer to review your case. You can’t submit new evidence with a Higher-Level Review.
    Decision review option: Board Appeal
    You can appeal to the Board of Veterans’ Appeals and have a Veterans Law Judge review your case.
    After you request a decision review
    Find out what happens after you request a decision review.
    Contested claims
    If you’re one of multiple people claiming a benefit that only one party has a right to, find out how to request a decision review.
    Insurance claims
    If you have an insurance claim, find out how to request a decision review.
    Fiduciary claims
    If you have a fiduciary claim, find out how to request a decision review.
    Manage your decision reviews and appeals
    Check your VA claim status
    If you have already requested a decision review or filed a legacy VA appeal, sign in or create an account to check your status.
    Manage your legacy VA appeal
    If you filed a Notice of Disagreement for a decision dated before February 19, 2019, learn about the legacy VA appeal process.
    More information and resources
    Choosing a decision review option
    Find out which decision review option is right for you.
    Frequently asked questions
    Get answers to frequently asked questions about decision reviews.
    Get help requesting a decision review
    A Veterans Service Organization or VA-accredited attorney or agent can help you request a decision review.
    Manage your VA debt
    Check the status of debt related to VA disability compensation, non-service-connected pension, or education benefits. You can also make payments or request help.
    The Appeals Modernization Act
    Learn more about how this law improves the claims and appeals process.

    Tbird
    One afternoon a few years ago, I Googled "I've had it with the VA." That simple "search" born out of utter frustration led me to "Hadit.com." And there it all started! As of two weeks ago, I'm rated 100% (long overdue). And I am still NOT done with the VA.   From Member Ping Juice Greetings: I am grateful that one afternoon a few years ago, I Googled “I’ve had it with the VA.” That simple “search” born out of utter frustration led me to “Hadit.com.” And there it all started! As of two weeks ago, I’m rated 100% (long overdue). And I am still NOT done with the VA.
    For those looking to do their research, I offer this process:
    Obtain your Military Service and Medical Records by mailing (certified, return receipt requested) an SF-180, found here: Download SF-180 You can obtain your full VA treatment records from the “release of information” window at the center where you receive treatment. Please review the CD-ROM (PDF file) for all chronic medical conditions, treatments, and diagnoses—chronicity is critical! Identify the incident, event, or situation in service that “caused” this condition. If it’s in your active duty medical records, that’s extremely valuable. If it manifests after service, you’ll need to find a way to “connect” it to service – the “nexus”. Next, search USC 38 part 4 for your CHRONIC DIAGNOSIS, found here: 38 CFR 4 Schedule for Rating Disabilities Match the conditions and rating percentage to the CHRONIC diagnosis in your medical records. Review the DBQ the C&P examiner “must” use to rate your current condition, found here: List By DBQ Form Name. Search for VA court cases on your condition(s) to understand how the VA Regional Offices will likely “rule and rate” your claim. HINT: the cases tell you what evidence supports a claim. For example, here’s a search for Sleep Apnea secondary to chronic Sinusitis: Google sleep apnea secondary to chronic sinusitis Look for evidence in these cases that would support your claim, and THEN match and find your evidence – NEVER, EVER lie! Gather all your evidence, write up a Statement in Support of Claim, found here:  Veterans Affairs Statement in Support of Claim and mail it certified return receipt requested. NUMBER every single page, make copies, and wait. Make someone sign for your mailed package – VA has NEVER lost my packages! Before you go to a C&P, review your evidence, especially the questions the Dr. will ask from the DBQ. I usually handwrite a list of the 6-7 items that support my claim. I make sure the examiner sees this. I’m so done with the VA, I walked into my last C&P with my 4″ binder and the Dr. understood I knew what is going on. A C&P exam is a LEGAL MEETING, not medical treatment.    I submitted my last three claims in July, which were fully decided correctly in six months. Help the VA help YOU! And, most importantly, never, never, never, ever give up. Be relentless! Most grateful, PJ 
    I got a request to see how I wrote Claims, so here they are:
    Hearing loss, Peripheral Vestibular Disorder, and Tinnitus. Digestive disorder. Skin disorder. VA’s 2015 Decision on these three Claims.
    STMT IN SUPPORT OF CLAIM – PERIPHERAL VEST DIS – PG-1- redacted.pdf STMT IN SUPPORT OF CLAIM – PERIPHERAL VEST DIS – PG-2 – redacted.pdf STMT IN SUPPORT OF CLAIM – PERIPHERAL VEST DIS FOLLOWED BY TINNITUS – PG-3 – redacted.pdf DBQ WITH TINNITUS – HEARING LOSS & PERIPHERAL VEST DIS – AMENDMENTS_Redacted.pdf C&P EXAMINER’S DBQ FOR EAR CONDITIONS.pdf STMT SUPPORT CLAIM – RHIODS 2014 – redacted.pdf DBQ FOR RHOIDS – FOR C&P.pdf STMT SUPP CLAIM – ECZEMA 60% – PG 1-2.pdf STMT SUPP CLAIM – ECZEMA 60% – PG 3.pdf STMT SUPP CLAIM – ECZEMA 60% – PG 4.pdf 2015 DX REDACTED FOR HADIT_Redacted.pdf

    Tbird
    The following is reprinted with the permission of Veterans Law Blog.
     
    Trust me when I tell you this: a VA Sleep Apnea disability diagnosis has little or nothing to do with obesity and neck girth. In the end, I wrote a book about how to claim and service connect the sleep apnea disability through the VA. But I also learned a few extra things that I would like to share with you about the VA Sleep Apnea Disability claim.  And that’s what today’s video is all about:
    I asked:
    Why were so many Veterans seeking service connection for sleep apnea? Why was sleep apnea affecting Veterans across all generations Why was it so hard for so many Veterans to win their VA sleep apnea disability claims? I talked to doctors (cardiologists, pulmonologists, sleep specialists, and more) about the three different types of sleep apnea disability diagnoses. I talked to hundreds of Veterans (from just about every era) and looked at dozens of their C-Files to see if I could figure out why some Veterans won their VA Sleep apnea disability claims, and others did not. I read just about every BVA Decision I could find on VA Sleep Apnea Disability appeals for a whole year. Do you have questions about how to service connect sleep apnea claims?
    You aren’t alone.  Winning a VA claim to service connect sleep apnea is hard.  Winning a VA Sleep Apnea is much harder.  In fact, winning your VA sleep apnea claim can feel like you just led your team to victory in the World Cup.
    It’s almost as much work and can often take as much dedication. Veterans ask me more about sleep apnea than any other question about the VA Benefits Law.  Closely followed by PTSD, Hearing Loss, Tinnitus, and TDIU.* Can I service connect sleep apnea without a sleep study in service?
    * What if it wasn’t diagnosed until years after service –  can  I service connect it then?* Can Agent Orange cause Sleep Apnea?  What about PTSD?* How do I appeal the VA's denial of my Sleep Apnea? I got so many questions that I began to do a lot of research into how to service connect Sleep Apnea claims and what is happening with Sleep Apnea in the Veteran’s community.
    Here are 4 lessons I learned that I want to pass on to you – if you can really learn and understand these lessons, you will have the power to really improve and service connect sleep apnea claims and appeals.
    1: Sleep Apnea is a Killer
    2: Sleep Apnea is affecting a LOT of Veterans
    3: The VA & BVA really struggle to Service Connect Sleep Apnea claims
    4: More Veterans Should be Able to Service Connect Sleep Apnea
    Lesson #1: Sleep Apnea is a Killer.
    There are three things that the human body cannot live – or function – without: Blood/Oxygen, Food/Water, and Sleep.
    You can lose a kidney and live a full and complete life.  You can lose your arms and legs and still survive.
    But if your body cannot get sleep, you will die.  In fact, sleep deprivation is a common form of torture, as many of us know all too well. That’s what Sleep Apnea does – while you are sleeping, you stop breathing.
    You cut off oxygen to the brain and blood, and other body systems break down.
    If you are lucky, you start breathing again. Not a lot of VSOs or advocates get this when helping a Veteran file a VA Claim. They think of Sleep Apnea as a disease of the obese, and then they tell them one of the big Fairy Tales about VA Claims.
    Lesson #2: Sleep Apnea is affecting a LOT of Veterans.
    In the year I spent researching the Sleep Apnea Field Manual, I learned that 39 medical conditions – common among Veterans – can cause or aggravate sleep apnea.
    39 Medical Conditions!!
    Here are just a few:
    * Damage to the brain from a TBI (Traumatic Brain Injury) * Heart conditions * Post-Traumatic Stress (PTSD) * Nerve conditions * Rhinitis * Diabetes Here are a few examples of how Sleep Apnea has affected Veterans from all different eras of service:*. Don D. (he asked me not to use his real name) served mostly during the Cold War and was in the best physical shape of his life – he was an avid weight-lifter.  That is, until he damaged his knees in service and had to get a knee replacement at a military hospital.  After that knee replacement, he could no longer lift weights; the sudden weight gain that resulted caused his obstructive sleep apnea.* Several Desert Storm, OIF, and OEF Clients have had Traumatic Brain Injuries that interfere with how their Nervous System works and, as a result, have a different kind of Sleep Apnea (oversimplified, where the brain’s signals to breathe don’t make it through to the lungs).* Many Vietnam Veterans exposed to Agent Orange suffer from sleep apnea.  They are ALL experiencing a “Perfect Storm” of Sleep Apnea problems: breathing disorders, mental health conditions, heart conditions, and diabetes are all causing an epidemic of Sleep Apnea in our Vietnam Veterans.No wonder Sleep Apnea is affecting so many Veterans – sleep apnea can be the result of other disorders or medical conditions.
    Lesson #3: The VA & BVA really struggle to Service Connect Sleep Apnea claims.
    I believe that the VA and BVA do not take Sleep Apnea seriously.  I think that far too many raters and BVA judges think of sleep apnea as “made-up medicine.”
    Perhaps they’ll have to spend a night with someone who suffers from obstructive sleep apnea, hear the suffocating snoring, experience the fear that the person will stop breathing altogether, and continue not to take seriously claims for sleep apnea. Or perhaps when they realize that Sleep Apnea is going to be as big an issue for our current generation of Veterans as Agent Orange-related conditions are to Vietnam Veterans, they will take it seriously. Either way, Veterans have an uphill fight to connect their sleep apnea service.
    Here’s a Statistic that will shock you:
    From April 2013 to April 2014, the BVA denied  76% of Veterans' Sleep Apnea appeals. Translation: 3 out of every 4 of you will see your sleep apnea claims and appeals denied…unless you learn how to prove your Sleep Apnea Claim the right way
    Lesson #4: More Veterans Should be Able to Service Connect Sleep Apnea.
    I spent nearly a year researching Veterans and their Sleep Apnea claims.  I talked to several doctors and sleep experts.  I read hundreds of cases. I talked to hundreds of Veterans and read their C-Files to see where they went wrong. I learned that to win your Sleep Apnea claim. You are going to have to put your Sleep Apnea Claim together right.
    This is where I come in.  I can teach you how to do that.  I can teach you:* HOW to prove your  Sleep Apnea Claim – for any of the three types of Sleep Apnea you have.* The EASIEST Way to prove Sleep Apnea.* WHAT evidence to use and which path to Service Connection to use.* WHERE to get the Lay Evidence that will give REAL POWER to your Sleep Apnea Claim.* To prove your Sleep Apnea is service connected… without a sleep study in the military?* The importance of a medical expert opinion in your Sleep Apnea claim.  (In many cases, a medical expert report or opinion may be crucial to success).* The SPECIFIC EVIDENCE you will need to prove another medical condition caused your sleep apnea* How the VA will rate your sleep apnea condition after granting Service Connection.
    How can you learn more about these things?  Check out the Sleep Apnea Field Manual.  There are three ways to get it:
    Get an eBook version of the Sleep Apnea Field Manual Get a paperback real-book version of the Sleep Apnea Field Manual Check out this VA Sleep Apnea Field Manual Package and get the knowledge you’ll need to take back the power in your VA Sleep Apnea claim.

    Tbird
    Veterans Day World War I Ended On The 11Th Hour Of The 11Th Day Of The 11Th Month Of 1918 And All Was Quiet On The Western Front...
    Veterans Day is set aside to honor all those who served their country in war and peace. It is also known as Armistice Day and Remembrance Day. In 1954, President Dwight D. Eisenhower legally changed Armistice Day to Veterans Day, honoring all war veterans. 
     
    Raymond Weeks of Birmingham, Alabama, organized an Armistice Day parade for that city on November 11, 1947, to honor Veterans for their loyalty. Later, U.S. Representative Edward H. Rees of Kansas proposed legislation changing the name of Armistice Day to Veterans Day to honor all Veterans who have served America.
    In 1954, President Dwight D. Eisenhower signed a bill proclaiming Nov. 11 as Veterans Day and called upon Americans everywhere to re-dedicate themselves to the cause of peace. He issued a presidential order directing the head of the then-known Veterans Administration (now the Department of Veterans Affairs) to form a Veterans Day National Committee to organize and oversee the national observance of Veterans Day.

    In 1968, Congress moved Veterans Day to the fourth Monday in October. However, it became apparent that Nov. 11—the end of World War I—was historically significant to many Americans. As a result, Congress formally returned the observance of Veterans Day to its traditional date in 1978.
    Tomb of the Unknown Soldier
    The Veterans Day National Ceremony is held each year on Nov. 11 at Arlington National Cemetery. At 11 a.m., a color guard made up of members from each military branch renders honors to America’s war dead during a tradition-rich ceremony at the Tomb of the Unknown Soldier.
    The president or his representative places a wreath at the tomb, and a bugler sounds taps. The balance of the ceremony, including a parade of flags by numerous Veteran Service Organizations, takes place inside the Memorial Amphitheater, next to the tomb.
    Each year, there is a competition to design the Veterans Day poster. This year, there were more than 60 entries from people ranging from school-aged children to graphic designers with decades of experience. When all ballots were tallied, “The Bugler” by Gene Russell, a service-connected disabled Army Infantry Veteran and VA employee, was selected.
    Here are links to some Veterans Day events around the country.
    View the full article.
    The Great War & Armistice Day
    Though the Treaty of Versailles was signed on June 28, 1919, November 11 remained in the public imagination as the date that marked the end of the Great War. In November 1918, U.S. President Woodrow Wilson proclaimed November 11 as the first commemoration of Armistice Day. The day's observation included parades, public gatherings, and a brief pause in business activities at 11 a.m. On November 11, 1921, an unidentified American soldier killed in the war was buried at Arlington National Cemetery in Washington, D.C.; the U.S. Congress had declared the day a legal federal holiday in honor of all those who participated in the war. On the same day, unidentified soldiers were laid to rest at Westminster Abbey in London and at the Arc de Triomphe in Paris.   On June 4, 1926, Congress passed a resolution that the "recurring anniversary of [November 11, 1918] should be commemorated with thanksgiving and prayer and exercises designed to perpetuate peace through good will and mutual understanding between nations" and that the president should issue an annual proclamation calling for the observance of Armistice Day. By then, 27 state legislatures had made November 11 a legal holiday. An act approved May 13, 1938, made November 11 a legal Federal holiday, "dedicated to the cause of world peace and to be hereafter celebrated and known as 'Armistice Day.'" In actuality, there are no U.S. national holidays because the states retain the right to designate their own, and the government can only designate holidays for federal employees and the District of Columbia. In practice, however, states almost always follow the federal lead.     From Armistice Day to Veterans Day
    American effort during World War II (1941-1945) saw the greatest mobilization of the U.S. Army, Navy, Marines, and Air Force in the nation's history (more than 16 million people); some 5.7 million more served in the Korean War (1950 to 1953). In 1954, after lobbying efforts by veterans’ service organizations, the 83rd U.S. Congress amended the 1938 act that had made Armistice Day a holiday, striking the word "Armistice" in favor of "Veterans." President Dwight D. Eisenhower signed the legislation on June 1, 1954. From then on, November 11 became a day to honor American veterans of all wars.   The next development in the story of Veterans Day unfolded in 1968 when Congress passed the Uniform Holidays Bill. This bill sought to ensure three-day weekends for federal employees and encourage tourism and travel by celebrating four national holidays (Washington's Birthday, Memorial Day, Veterans Day, and Columbus Day) on Mondays.   The observation of Veterans Day was set as the fourth Monday in October. The first Veterans Day under the new law was Monday, October 25, 1971; confusion ensued as many states disapproved of this change and continued to observe the holiday on its original date. In 1975, after it became evident that the actual date of Veterans Day carried historical and patriotic significance to many Americans, President Gerald R. Ford signed a new law returning the observation of Veterans Day to November 11th beginning in 1978. If November 11 falls on a Saturday or Sunday, the federal government observes the holiday on the previous Friday or the following Monday, respectively.     Celebrating Veterans Day Around the World
    Britain, France, Australia, and Canada also commemorate the veterans of World Wars I and II on or near November 11th: Canada has Remembrance Day, while Britain has Remembrance Sunday (the second Sunday of November). In Europe, Britain, and the Commonwealth countries, it is common to observe two minutes of silence at 11 a.m. every November 11.   In the United States, an official wreath-laying ceremony is held each Veterans Day at the Tomb of the Unknowns in Arlington National Cemetery, while parades and other celebrations are held in states around the country. Veterans Day is not to be confused with Memorial Day, which is a common misunderstanding, according to the U.S. Department of Veterans Affairs. Memorial Day (the fourth Monday in May) honors American service members who died in service to their country or as a result of injuries incurred during battle, while Veterans Day pays tribute to all American veterans--living or dead--but especially gives thanks to living veterans who served their country honorably during war or peacetime.  

    Tbird
    An Examiners' perspective relating to psychiatric compensation and pension exams. It is still a  good guideline for all exams. A Guideline for your VA compensation and pension exam
    A VA Compensation and Pension Examiners’ perspective relating to psychiatric exams. It is a good guideline for all exams, but they only did psych exams. 
    The VA has examined me for multiple problems, and this is my format when I go to be examined. A little common sense and clarity of thinking will go a long way toward getting you what you are entitled to. Written by: Steve A. Neff MSW 
    Do not talk about alcohol or drug-related issues. You are not there to be assessed for those problems. You are there to be evaluated for your psychiatric functioning as today relates to your service history. If the examiner asks about alcohol or drugs, politely remind them that you are not there for those issues if you’ve ever had them, but for how impaired you are in your daily functioning. It’s best to avoid even talking about them. Got a VA horror story? I can tell you a worse one. Don’t waste your time with how badly you believe you’ve been mistreated. The examiner only has a short time to figure out how impaired you are, and they need the facts. Incoherent, concise sentences, and not rambling rants that lead nowhere
    Answer the questions to the best of your ability. If you don’t know, say so. This is nearly a no-brainer but be honest. Don’t embellish your stories with fanciful tales. Just the facts, please. Be able to document everything you tell the examiner. If possible, have letters from people you served with, unit diary copies of incidents during your time and space, and letters from family members. You may run into someone like me who checked stories out. 
    Family member letters usually don’t add much weight to your case because families are there to support you, and examiners understand that.
    If sleep is a problem, don’t sleep the night before. Go in on the ragged edge of tired out. But do your best not to be rude and insensitive. Payback in a VA C&P exam is you lose. Not all examiners are that way, but I have met a few that should not have been examiners.
    When responding to examiners, you need to pick the worst moment relating to that question. You need to be rated for the worst times you have had. I always chose a really bad day and related all of my answers to that day. The day I could not sleep, was anxious and startled easily, was grouchy to my wife and friends, felt like my heart was coming out of my chest, and nothing went right for me. That day should have been in the last 30-90 days. If it was a year ago, you might not need to be having this exam. The questions you are being asked are on a script in front of the examiner. After examiners do this for a while, they get a sense of what is in front of them. It’s not too difficult to determine when someone is lying and struggling with memory. The above does not mean that examiners cannot be scammed because they can be.

    What to Expect during the Medical Examination
    You should expect the examiner performing your medical examination to evaluate the condition(s) listed on your claim for benefits. Depending on the number and type of disabilities claimed, the length of the examination will vary. Psychiatric examinations or exams for multiple disabilities require more time to evaluate. If necessary, the examiner may ask more questions about your disability history, review pertinent medical records, or order additional testing or examinations.
    I discovered veterans lying and dealt with them by reporting this to the proper authorities at the VA. It’s a Federal criminal act to lie to gain monetary compensation. And the odds are you will be prosecuted. It simply isn’t worth it.
    Examiners are generally good people trying to do a challenging job. Make it easy for them. I always advocated having the individual’s husband/wife in the room with me during the exam. As an examiner, I enjoyed having someone’s spouse with them. Husbands and wives can tell the truth much better than veterans. Ask your wife how well you’ve done in the past ten days versus your opinion of how you’ve been doing. Quite a dramatic difference if you are truthful!
    Remember to report how you REALLY are doing and not how you’d like to be doing. One of the questions I always had a hard time asking was, “How are you doing today?” Most veterans want to be doing MUCH better than they really are. It’s like we know we can be doing better, and have done better, but our pride does not want to let anyone know how badly we really are doing. Veterans would answer the above question: “Well, I’m doing pretty good.” Should I write, “The veteran reports that he is doing pretty good?” Not if you want your claim adjudicated fairly.

    The best answer I ever got from a veteran was from a former Marine Vietnam Veteran who said, 
    This veteran just told me he couldn’t sleep due to anxiety, the heart of PTSD, was depressed (remember grumpy?), another critical facet of PTSD, and he’s had problems with his work history if he can’t pay his bills. He wasn’t angry about what he said. He was so matter of fact it took me a bit to realize what he had said. He could have been talking about having a cup of coffee for all of the emotions he expressed.
    These are things I can explore further with the veteran. I don’t have to hunt or pull teeth for information. This veteran controlled the exam because he knew clearly about his problems and what he wanted to say. I spent some extra time with him. He ended up 100% service-connected for PTSD. He had his ducks in a row, paperwork all present, and had done enough clinical work before the exam that he knew his problems and, more importantly, how to express them to another person.
    Steve A. Neff MSW 
    Read other Veterans' Questions and Insights on Compensation and Pension Exams More Questions on this topic? Ask them here VA Public Disability Benefits Questionnaires (DBQs)

    Tbird
    Common Disabilities are claimed as service-connected disability. These links will take you to relevant articles and posts on the subject. Tinnitus | PTS(D) | Lumbosacral Cervical Strain | Scars | Limitation of flexion, knee | Diabetes | Paralysis of Siatic Nerve | Limitation of motion, ankle | Degenerative Arthritis Spine | TBI - Traumatic Brain Injury
     
    Tinnitus/Hearing Loss | Limitation of flexion, knee | PTS(D) | Lumbosacral Cervical Strain | Paralysis of Sciatic Nerve | Scars | Limitation of motion, ankle | 
    Limitation of motion of the arm 

    Tbird
    How to Get Your VA C-File
    Veterans can obtain their VA C-File by requesting a copy from their local VA Regional Office.  Veterans submit VA Form 3288. This is a fillable form, Request for and Consent to Release of Information from Individual Records.
    If you're a veteran seeking your VA C-File, you can request it at your local VA Regional Office. You'll need to fill out the VA Form 3288, which authorizes information release from individual records.
    Bear in mind that it could take some time for the file to arrive - if months go by and you still haven't received yours, consider submitting a Freedom of Information Act (FOIA) Request. This allows individuals or groups to request documents from government agencies like the VA through websites like VA.gov/FOIA/, FOIA.gov, or via email at Email Address Redacted.
    Alternatively, if you visit your Regional Office in person, you may be able to view and get a copy of what's on file on the same day, although electronic files will likely take longer to arrive. Finally, enlisting help from a legal representative could also smooth this process along on your behalf.
    Further Reading:
    VA C-File: What is it, and How Do I Get It?
    How to Understand the Basic Documents in Your VA Claims File (C-File)

    Tbird
    Not every veteran is eligible for VA Dental care. VA does offer dental insurance...
    Dental for Veterans - Eligibility and Benefits
    VA offers comprehensive dental care benefits to specific qualifying Veterans. What VA dental care benefits do I qualify for? If eligible but not yet enrolled in VA health care, you can apply online using the Apply for Health Care Benefits webpage. If not eligible, Veterans enrolled in VA health care can purchase dental insurance at a reduced cost through the VA Dental Insurance Program (VADIP). Read More Here
    VA Dental Insurance Program (VADIP)
    You may be eligible for VADIP if you meet one of these requirements. One of these must be true: You’re a Veteran enrolled in VA health care, or You’re the current or surviving spouse or dependent child of a Veteran or service member. You’re enrolled in the Civilian Health and Medical Program of the VA (CHAMPVA). Note: Insurance carriers may offer separate coverage options for dependents who aren’t CHAMPVA beneficiaries. VADIP provides coverage throughout the United States and its territories, including Puerto Rico, Guam, the U.S. Virgin Islands, American Samoa, and the Commonwealth of the Northern Mariana Islands.
    Read More about VA Dental Insurance Here.

    Tbird
    VA Compensation and Pension Exam
    Tips That Stand the Test of Time

    VA Compensation and Pension Exam tips to help you prepare for your exam.
    Claimants must attend at least one compensation and pension examination when filing a VA disability claim.
     
    A VA Compensation and Pension Exam isn’t like a normal medical exam. The provider won’t treat you for any illness or injury, give you referrals to other providers, or prescribe medicine. That’s because the exam aims to gather information to help decide on your claim. During your exam, the provider may do any or all of these things:
    Perform a basic physical exam. This may or may not include physical contact. Ask you questions based on the medical records in your claim file. These may include questions from the Disability Benefits Questionnaire for each service-connected condition you claim. Review the Disability Benefits Questionnaires (DBQs) Ask for other tests (like X-rays or blood work) for free.  
    Show up. Do not miss your Compensation and Pension examination. You must be open, honest, and truthful. Be Informed. Read through your records. The Compensation and Pension examiner will have read through it, and so should you. Know the law 38CFR4 Schedule For Rating Disabilities. When responding to examiners, you must pick the worst moment relating to that question. You need to be rated for the worst times you have had. I always chose a bad day and related all my answers to that day. The day I could not sleep, was anxious and startled easily, was grouchy to my wife and friends, felt like my heart was coming out of my chest, and nothing went right for me.
    That day should have been in the last 30-90 days. If it was a year ago, you might not need to be having this exam. 
    The questions you are being asked are on a script before the examiner. After examiners do this for a while, they get a sense of what is in front of them. Determining when someone is lying and struggling with memory is not too difficult. See VA Compensation and Pension Exam – Do’s and Don’ts You are going to be uncomfortable. You will be asked things you don’t want to discuss.  It makes you feel vulnerable. 

    This is a necessary evil. The doctor has to know these things to evaluate your claim. They read your record, but your emotional and physical reactions when answering are part of the exam. So, as much as possible, for the short time the compensation and pension exam lasts – embrace your vulnerability and release your burden long enough to let the examiner see it. Tell them how your disabilities affect your work, life, social, etc. Example Answers:
    At a VA C and P Exam for a PTSD rating, don’t say: “I have trouble getting along with co-workers.” Paint the picture, and say: “I spend 2 hours a day hiding in the bathroom at work on the floor of the accessible stall because I’m so scared of being around other people with my PTSD.” ”If I’m here, I can’t be doing very well now, can I? I haven’t been able to sleep for the past ten days over worrying about this exam, and my wife says I’m really grumpy, and the bill collectors call all of the time.”
    Be on time or a little early.
    Your exam begins the moment you drive onto the VA property. You would be surprised how many doctors watch for you to pull up and get out of your car. You should assume you are always being observed.
    Be polite.
    Yelling at the examiner for the injustices you perceive will do nothing but alienate them.
    Curse at your own risk. You can get your point across better with proper English.

    Tbird
    💡 Your claim can go from any step to back a step depending on the specifics of the claim so that you may go from Pending Decision Approval back to Review of Evidence. VA.gov status is helpful but not definitive.
     
    VA Claims Status
    Your VA claim status indicates the current stage of your claim in the review process. It allows you to stay informed and updated on the progress of your claim. Below are the VA claims status messages you may see and their definition.
    Source: VA.gov
    VA Disability Claim Status - Initial Claim
    VA Claim Status Meaning Claims received We received your claim. We haven’t assigned the claim to a reviewer yet. Initial review We assigned your claim to a reviewer. The reviewer will determine if we need any more information from you. Evidence gathering, review, and decision We’re getting evidence from you, your healthcare providers, government agencies, and other sources. We’ll review the evidence and make a decision. Preparation for notification We’ve made a decision on your claim. We’re getting your decision letter ready to mail to you. Complete We’ve sent you a decision letter by U.S. mail. This letter includes details about how we made the decision on your claim. VA Supplemental Claim Status
    Supplemental Claim Status What it means A reviewer is examining your new evidence We received your Supplemental Claim and assigned it to a reviewer. They will determine if we need any more information from you. We made a decision. We sent you our decision on your Supplemental Claim. Your Supplemental Claim was closed. We closed your Supplemental Claim. This may be because you didn’t take an action VA requested. VA Higher-Level Review Status
    Higher-Level Review Status What it means A higher-level reviewer is reviewing your case We received your request for a Higher-Level Review and assigned it to a higher-level reviewer. They will determine if we need any more information from you. We are correcting an error. The higher-level reviewer found an error that must be corrected before they decide your case. We’ll contact you if we need more information. We made a decision. We sent you our decision on your Higher-Level Review. Your Higher-Level Review was closed. We closed your Higher-Level Review. This may be because you didn’t take an action VA requested. Board of Veterans Appeals Status
    Status What it means You’re waiting for your hearing to be scheduled We received your request for a hearing but haven’t scheduled it yet. Your hearing has been scheduled. We’ve scheduled your hearing. You’ll receive the hearing information by mail. You can also find information about your hearing in the claim status tool.
    Check your VA claim status. Your appeal is waiting to be sent to a judge. Your appeal is at the Board of Veterans’ Appeals. We haven't assigned it to a Veterans Law Judge yet. Your appeal is with your Veterans Service Organization Your Veterans Service Organization (VSO) is reviewing your appeal to prepare additional arguments to support your case. A judge is reviewing your appeal. A Veterans Law Judge at the Board of Veterans’ Appeals is reviewing your appeal. The judge is seeking more information before making a decision The judge is getting more evidence or an outside opinion from a legal, medical, or other professional. This additional information will help them make a decision about your appeal. The Board is waiting until a higher court makes a decision A higher court is reviewing a group of appeals. The Board of Veterans’ Appeals is waiting for their decision because it may affect your appeal. The Board made a decision on your appeal. The Board of Veterans’ Appeals sent you a decision letter about your appeal. Your appeal was merged. The Board of Veterans’ Appeals merged your appeal with one of your older appeals that was closer to receiving a Board decision. The Board merges appeals so that you can receive a single decision on as many appeals as possible. Your appeals file is open for new evidence. The Board of Veterans’ Appeals is holding your case open for new evidence for 90 days. We corrected an error A judge at the Board of Veterans’ Appeals either:
    Found an error and had it corrected, or
    Made a decision that changes your disability rating or eligibility for benefits
    We sent you a corrected decision. The Board made a decision on your appeal The Board of Veterans’ Appeals sent you a decision letter about your appeal. We granted your appeal We decided to overturn the original decision. You withdrew your appeal You told us not to continue your appeal. Your Motion for Reconsideration was denied The Board of Veterans’ Appeals decided not to reopen your appeal. The appeal was closed. VA records show that the Veteran filing the appeal is deceased, so we closed this appeal. Your appeal was closed. We dismissed or closed your appeal. Please contact your Veterans Service Organization (VSO) or representative for more information. Legacy VA Appeal Status
    Status What it means A Decision Review Officer is reviewing your appeal We received your Notice of Disagreement and assigned your appeal to a Decision Review Officer. They will determine if we need any more information from you. Please review your Statement of the Case. We sent you a Statement of the Case (SOC) that explains why we can’t grant your appeal. To continue your appeal, you have 60 days to take one of these actions:
    Submit 
    VA Form 9 to the Board of Veterans’ Appeals, or

    Opt into the decision review process The Decision Review Officer is finishing their review of your appeal We received your VA Form 9. The Decision Review Officer is reviewing all the evidence in your appeal. Please review your Supplemental Statement of the Case We sent you a Supplemental Statement of the Case (SSOC) because:
    New evidence was added to your case, or
    We’re requesting more evidence, or
    We can’t grant your full appeal You’re waiting for your hearing to be scheduled We received your request for a hearing but haven’t scheduled it yet. Your hearing has been scheduled. We’ve scheduled your hearing. You’ll receive the hearing information by mail. You can also find information about your hearing in the claim status tool.

    Check your VA claim status. Your appeal is waiting to be sent to a judge. Your appeal is at the Board of Veterans’ Appeals. We haven't assigned it to a Veterans Law Judge yet. Your appeal is with your Veterans Service Organization Your Veterans Service Organization (VSO) is reviewing your appeal to prepare additional arguments to support your case. A judge is reviewing your appeal. A Veterans Law Judge at the Board of Veterans’ Appeals is reviewing your appeal. The judge is seeking more information before making a decision The judge is getting more evidence or an outside opinion from a legal, medical, or other professional. This additional information will help them make a decision about your appeal. The Board is waiting until a higher court makes a decision A higher court is reviewing a group of appeals. The Board of Veterans’ Appeals is waiting for their decision because it may affect your appeal. The Board made a decision on your appeal. The Board of Veterans’ Appeals sent you a decision letter about your appeal. Your appeal was merged. The Board of Veterans’ Appeals merged your appeal with one of your older appeals that was closer to receiving a Board decision. The Board merges appeals so that you can receive a single decision on as many appeals as possible. You requested a decision review under the Appeals Modernization Act You asked to continue your appeal through the decision review process. Your appeals file is open for new evidence. The Board of Veterans’ Appeals is holding your case open for new evidence for 90 days. We corrected an error A judge at the Board of Veterans’ Appeals either:
    Found an error and had it corrected, or
    Made a decision that changes your disability rating or eligibility for benefits
    We sent you a corrected decision. The Board made a decision on your appeal The Board of Veterans’ Appeals sent you a decision letter about your appeal. We granted your appeal We decided to overturn the original decision. You withdrew your appeal You told us not to continue your appeal. Your Motion for Reconsideration was denied The Board of Veterans’ Appeals decided not to reopen your appeal. The appeal was closed. VA records show that the Veteran filing the appeal is deceased, so we closed this appeal. Your appeal was closed. We dismissed or closed your appeal. Please get in touch with your Veterans Service Organization (VSO) or representative for more information.  
     

    Tbird
    Won Your VA Claim? This reference will help you calculate your retroactive pay.
    VA Disability rates listed below are for calculating your retroactive pay once you win your claim. For example, if you were awarded 50% from 1997 to the present, you will be paid at the 50% rate for the corresponding years.   VA disability compensation (pay) offers a monthly tax-free payment to Veterans who got sick or injured while serving in the military and to Veterans whose service made an existing condition worse. You may qualify for VA disability benefits for physical conditions (like a chronic illness or injury) and mental health conditions (like PTSD) that developed before, during, or after service. Find out how to apply for and manage the Veteran’s disability benefits you’ve earned.   Source of Data: Veterans Affairs Compensation and Pension Benefits Website Quick Reference
     VA Disability Rates for Compensation Special Monthly Compensation (SMC) Current Rates Dependency Indemnity Compensation (DIC) Current Rates Parents’ DIC Current Rates Automobile Allowance, Clothing Allowance, and Medal of Honor Rates Birth Defects (Spina Bifida, Children of Women Vietnam Veterans) Rates You may wonder how the VA decides if I’m 70% or 30%. Well, there are many reasons but let’s start with the basics and move on from there.   VA Claims Are Ruled by Law 38CFR   CFR 38 or Title 38 is how the USC 38 is to be interpreted. Then the VA has manuals that tell the VA how to apply the law in CFR 38.   FYI: C.F.R. Code of Federal Regulations The C.F.R. is the interpretation of the law. VA Manuals – Manuals take the interpretation of the law from the Code of Federal Regulations and tell the VA how to apply the law. U.S.C. United States Code United States Code is the law and the U.S.C. is the government’s official copy of the code.   First, your disability is listed in the law 38CFR4 Schedule for Rating Disabilities this document is dry reading, read it anyway. It will list your disability/diagnosis and it will tell you what symptoms equal what percentage.   Now the compensation and pension exam doctor will examine you and make notes indicating your disability and your limitations. Then a VA rater will look at the doctor’s results, look at the evidence, look at your claim (contentions) and look at the law and then make a decision. So the moral of the story spending some time looking at the 38CFR4 Schedule for Rating Disabilities   While I’m here, check out the side effects of any medications you are on for your service-connected condition. Those can be claimed as secondary to your service-connected disability. You are your best advocate. For Current VA Disability Compensation Rates, Click Here
    Past VA Disability rates: Calculate your retroactive pay after you win.
      The research was unable to find rates for 1983 and 1999   Effective 10% 20% 30% 40% 50% Effective 5/1/74 $32 $59 $89 $122 $171 5/1/74 8/1/75 $35 $65 $98 $134 $188 8/1/75 10/1/76 $38 $70 $106 $145 $203 10/1/76 10/1/77 $41 $75 $113 $155 $216 10/1/77 10/1/78 $44 $80 $121 $166 $232 10/1/78 10/1/79 $48 $88 $133 $182 $255 10/1/79 10/1/80 $54 $99 $150 $206 $291 10/1/80 10/1/81 $58 $107 $162 $232 $328 10/1/81 10/1/82 $62 $114 $173 $249 $352 10/1/82               4/1/84 $64 $118 $179 $258 $364 4/1/84 12/1/84 $66 $122 $185 $266 $376 12/1/84 12/1/85 $68 $126 $191 $274 $388 12/1/85 12/1/86 $69 $128 $194 $278 $394 12/1/86 12/1/87 $71 $133 $202 $289 $410 12/1/87 12/1/88 $73 $138 $210 $300 $426 12/1/88 12/1/89 $76 $144 $220 $314 $446 12/1/89               1/1/91 $80 $151 $231 $330 $470 1/1/91 12/1/91 $83 $157 $240 $342 $487 12/1/91 12/1/92 $85 $162 $247 $352 $502 12/1/92 12/1/93 $87 $166 $253 $361 $515 12/1/93 12/1/94 $89 $170 $260 $371 $529 12/1/94 12/1/95 $91 $174 $266 $380 $542 12/1/95 12/1/96 $94 $179 $274 $391 $558 12/1/96 12/1/97 $95 $182 $279 $399 $569 12/1/97 12/1/98 $96 $184 $282 $404 $576 12/1/98 12/1/99 $98 $188 $288 $413 $589 12/1/99 12/1/00 $101 $194 $298 $427 $609 12/1/00 12/1/01 $103 $199 $306 $439 $625 12/1/01 12/2/02 $104 $201 $310 $445 $633 12/1/02 12/1/03 $106 $205 $316 $454 $646 12/1/03 12/1/04 $108 $210 $324 $466 $663 12/1/04               Effective 60% 70% 80% 90% 100% Effective 5/1/74 $211 $250 $289 $325 $584 5/1/74 8/1/75 $236 $280 $324 $364 $665 8/1/75 10/1/76 $255 $302 $350 $393 $707 10/1/76 10/1/77 $272 $322 $373 $419 $754 10/1/77 10/1/78 $292 $346 $400 $450 $809 10/1/78 10/1/79 $321 $380 $440 $495 $889 10/1/79 10/1/80 $367 $434 $503 $566 $1,016 10/1/80 10/1/81 $413 $521 $604 $679 $1,130 10/1/81 10/1/82 $443 $559 $648 $729 $1,213 10/1/82               4/1/84 $459 $579 $671 $755 $1,255 4/1/84 12/1/84 $474 $598 $692 $779 $1,295 12/1/84 12/1/85 $489 $617 $713 $803 $1,335 12/1/85 12/1/86 $496 $626 $724 $815 $1,355 12/1/86 12/1/87 $516 $652 $754 $849 $1,411 12/1/87 12/1/88 $537 $678 $784 $883 $1,468 12/1/88 12/1/89 $562 $710 $821 $925 $1,537 12/1/89               1/1/91 $592 $748 $865 $974 $1,620 1/1/91 12/1/91 $614 $776 $897 $1,010 $1,680 12/1/91 12/1/92 $632 $799 $924 $1,040 $1,730 12/1/92 12/1/93 $648 $819 $948 $1,067 $1,774 12/1/93 12/1/94 $666 $841 $974 $1,096 $1,823 12/1/94 12/1/95 $683 $862 $999 $1,124 $1,870 12/1/95 12/1/96 $703 $887 $1,028 $1,157 $1,924 12/1/96 12/1/97 $717 $905 $1,049 $1,181 $1,964 12/1/97 12/1/98 $726 $916 $1,062 $1,196 $1,989 12/1/98 12/1/99 $743 $937 $1,087 $1,224 $2,036 12/1/99 12/1/00 $769 $969 $1,125 $1,266 $2,107 12/1/00 12/1/01 $790 $995 $1,155 $1,299 $2,163 12/1/01 12/2/02 $801 $1,008 $1,171 $1,317 $2,193 12/1/02 12/1/03 $817 $1,029 $1,195 $1,344 $2,239 12/1/03 12/1/04 $839 $1,056 $1,227 $1,380 $2,299 12/1/04   Past VA Disability Compensation Rates
    Current VA Compensation Rates 2023 rates (effective December 1, 2022) 2022 rates (effective December 1, 2021) 2021 rates (effective December 1, 2020) 2020 rates (effective December 1, 2019) 2019 rates (effective December 1, 2018) 2018 rates (effective December 1, 2018) 2017 rates (effective December 1, 2017) 2016 rates (effective December 1, 2016) 2015 rates (effective December 1, 2015) – not found 2014 rates (effective December 1, 2014) 2013 rates (effective December 1, 2013) 2012 rates (effective December 1, 2012) 2011 rates (effective December 1, 2011) 2010 rates (effective December 1, 2010) – not found 2009 rates (effective December 1, 2009) 2008 rates (effective December 1, 2008) 2007 rates (effective December 1, 2007) 2006 rates (effective December 1, 2006) 2005 rates (effective December 1, 2005)

    Tbird
    VA Claims Folders, the infamous C-File We can not stress enough how important it is to View your VA Claims Folder at the Veterans Affairs regional office (find your Regional VA Office here). Call the VA at 1-800-827-1000 and request an appointment to view your C-File (VA Claims Folder).
    Ensure that all the records in your VA Claims Folder or C-File are yours. Check that everything you have sent to the VA is included in your VA Claims Folder. After viewing your VA claims folder (c-file) and correcting any mistakes you may find, you should request a hard copy of your C-File. Suppose you need help obtaining your VA Claims Folder from your Regional VA Office. You can file a written Freedom of Information Act (FOIA) Request in that case. See below for more information on FOIA requests.
    When you apply for disability benefits, the VA creates a claims folder. Information you send to the VA records the VA obtains on your behalf and documents created by the VA are all in this folder. The claims file is commonly referred to as the "C-file."
    Source: Nolo
    If you have been denied disability, you will want to obtain a copy of your VA Claims file to obtain information that will help you file your appeal. Request it from the VA Regional Office, where you submitted your claim for benefits. If you do not receive it promptly, request a Freedom of Information Act (FOIA) for the file. For information about filing a FOIA request, see Nolo's article on obtaining VA records. You are entitled to receive one copy of your claims folder for free.
    Typical Documents in a VA Claims Folder
    When you receive your VA Claims Folder, don't be surprised if the documents need to be more organized. Also, there may be several documents, even though you only need one copy. It can take a while to sort it all out. If you want some help with this, you may want to find a VA disability attorney to assist you.
    Here are some essential documents you might find in your C-file if you have applied for VA benefits. This is not an exhaustive list but merely a description of the most common and important documents you should find in your file. If any of these documents still need to be included, you will want to obtain them. (See Nolo's article on obtaining VA records for more information about how to do that.)
    DD-214, Report of Separation From Service
    This is an essential document. It includes information about your character of service, which can determine your eligibility for benefits. Your DD-214 will also include your dates of service, specialties, any medals received, and other information about your term(s) of service.
    Application for Benefits
    Any applications for benefits that you have previously made should be included in your C-file. This can be important if you do not keep copies before applying.
    Denial Letter, Ratings Decision, and Code Sheet
    If you have been denied benefits, there should be a letter in your file notifying you of the decision to deny you benefits. Until recently, the VA issued detailed rating decisions explaining why benefits were granted or denied, and specific ratings were assigned to service-connected disabilities. The rating decisions provide little information and tend to be brief.
    There should also be a code sheet accompanying the rating decision. The code sheet contains information about the rating decision, such as the diagnostic code used to assign the disability rating. It also provides information about the effective date of benefits, whether a future reexamination will be required, and additional details about the decision.
    If you hire an attorney, they will ask you for a copy of the denial letter, rating decision, and code sheet.
    Service Medical Records
    You may find copies of your service medical records in the file if the VA requested these while gathering information to decide your claim. An essential document in these records is the report from your enlistment examination. This exam report contains information about whether you suffered from certain medical conditions when you entered service.
    VA Medical Records
    You can request your medical records directly from the VA Medical Center in person or over the phone.
    Your file may contain records from the VA Medical Center where you receive treatment, but it may not. Or it may contain an incomplete set of your medical records. You can request your medical records directly from the VA Medical Center in person or over the phone.
    Compensation and Pension exam
    Another document a lawyer will want to see is a copy of your compensation and pension exam report. This is the exam you went to where the VA doctor evaluated your disabilities and made a recommendation to the Veterans Benefits Administration about whether or not your disabilities were service-connected.
    Service Personnel Records
    Your file may also include copies of your active duty personnel records. This will include information about where you served, copies of certificates for medals you received, performance evaluations, and other information.
    Appeal Documents in a Claims File
    If you have already filed an appeal and had an appeal denied, the following documents may be in your C-file.
    The Notice of Disagreement you filed, telling the VA you disagreed with their decision. Statement of the Case is a document describing in detail how the conclusions in the rating decision were reached. A transcript of a hearing before a Decision Review Officer (DRO) or the Board of Veterans Appeals (BVA) if you had a hearing. Information about your representative or attorney (if you had one). Regarding FOIA Requests
    Submit a FOIA request. Example of a FOIA request As of September 19, 2011, the Department of Veterans Affairs will accept FOIA requests electronically.
    If you have a FOIA request related to the Department of Veterans Affairs — Office of Acquisition and Logistics — Procurement Policy and Warrant Management Services, please submit your requests to our FOIA electronic mailbox.
    ALL other FOIA-related information, as it relates to the Department, may be accessed at the VA's FOIA website. Please read all applicable sections, including but not limited to; "How to Submit a Request," "Fee Information," and "How to Appeal a FOIA Request". FOIA information related to the VA is also in a downloadable Requesters Reference Guide.
    The Department of Veterans Affairs maintains a collection of documents that are available electronically on the Internet. These public records include VA statements of policy, staff manuals, and high-profile records previously requested by another member of the public. They are likely to become the subject of another FOIA request. The information you seek is likely already available in the VA FOIA reading room.
    You may view an index of records members have already requested of the public via the VA FOIA Reading Room Frequently Requested Records section.
    The OAL FOIA contact is Mr. Richard Ha.
    Access a complete listing of the VA's FOIA points of contact and FOIA electronic mailbox addresses on the VA FOIA website.
    VA Regional Offices
    From the VA's Website:
    VA Form VA-3288 Request For and Consent to Release Information from Claimant's Records This is a fillable online form, so you can type in your answers and print them out. Print out two and save one copy undated and unsigned, so if you have to use this form again, make a copy, sign and date it, and put your original away again in case you need it. I recommend this for all forms. Issue Date: 05/12/2014 You can search for any VA form here.
    Additional Form Resources:
    Request for DD 214 or other Military Records NARA SF 180 GSA Library of Standard and Optional Forms DD Forms Department of Defense Forms Program SGLI/VGLI Insurance Forms (including SGLV8286) All US Government Forms https://my.usa.gov

    Tbird
    You will find these articles helpful in understanding employment when you are rated 100% and wondering If you can work
    100% VA Disability Benefits and Employment: Your Guide to Success - Hill & Ponton
    As a veteran with a 100% VA disability rating, you have earned the highest level of disability compensation for your service-connected disabilities.
    However, it’s important to understand the impact of this rating on your employment options.
    In this article, we will explore the different ways to achieve a 100% VA disability rating, discuss the challenges and considerations veterans may face when seeking employment with a 100% disability rating, and highlight the need for veterans to be informed and aware of their options to make informed decisions about employment and VA disability benefits.
    Whether you are considering returning to work or seeking new employment, understanding your rights, benefits, and limitations is crucial to navigating the complexities of working with 100% VA disability benefits.
    Read the full Article from Hill & Ponton Here.
    Can you get 100% VA disability and still work?
    Veterans seeking VA disability benefits due to difficulties from their service-connected conditions may still be interested in working to bring in extra income. Veterans with a 100% VA disability rating can work and still receive their monthly benefits. However, veterans receiving 100% compensation through total disability based on individual unemployability (TDIU) have restrictions on working for income. It is important to understand the difference between TDIU and a 100% disability rating.
    In this article, Woods Law explains how veterans can receive 100% disability compensation from the VA and how and when work restrictions apply.
    Read the full Article from Woods Law Here.
    Proving "Substantially Gainful Occupation" in a VA TDIU Claim. - Veterans Law Blog®
    So for over a decade, the VA has refused to define the term “Substantially Gainful Occupation.”
    Your first question might be…”Well, Chris, who cares? I can define a word too and nobody will write a blog post about it.”
    Well, if you are trying to win a VA TDIU claim or appeal, you should care.
    Because the Veterans Court, after nearly three decades of deferring to the Agency to make the first definition of the term “substantially gainful occupation,” just went ahead and defined it for them.
    Why is the term substantially gainful occupation important in the context of a VA claim for individual unemployability?
    Because it is one of the critical elements in the VA definition of TDIU. Here’s that definition again – or how a veteran proves entitlement to TDIU:
    Read the full Article from the Veterans Law Blog Here
    VA Unemployability: Can You Work With TDIU?
    Working While on TDIU: What You Need to Know You can work while on TDIU, but your job must not be considered “substantially gainful employment.”
    You can work while receiving Total Disability Individual Unemployability (TDIU) benefits, but there are certain rules you need to follow.
    For those who might be new to this, TDIU is a benefit for veterans who can’t work fully due to their service-connected disabilities.
    Read the full Article from Hill and Ponton
    Related
     
     

    Tbird
    Summary: This document analyzes the interpretation of "substantially gainful employment" within VA regulations. It highlights the need for a clear definition, the role of the Court in interpreting regulations, and the inconsistencies in the VA's interpretation. The document argues that the VA's current interpretation is inconsistent and absurd, as it fails to consider essential factors outlined in the regulations.
    USCAVC NO. 17-0781 RAY v. WILKIE (PDF)
    UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS
    No. 17-0781
    Eddie D. Ray, Appellant,
    V.
    Robert L. Wilkie,
    Secretary of Veterans Affairs, Appellee.
    On Appeal from the Board of Veterans' Appeals
    (Argued September 5, 2018                                                                       Decided March 14, 2019)
    Barbara J. Cook, with whom April Donahower, was on the brief both of Providence, Rhode Island, for the appellant.
    Amanda Radke, with whom Angela-Marie C. Green, Appellate Attorney; James M. Byrne, General Counsel; Mary Ann Flynn, Chief Counsel; and Edward V. Cassidy, Jr., Deputy Chief Counsel, all of Washington, D.C., were on the brief for the appellee.
    Before SCHOELEN, ALLEN, and TOTH, Judges.
    ALLEN, Judge, filed the opinion of the Court. TOTH, Judge, filed an opinion concurring in part and concurring in the judgment.
    ALLEN, Judge: In July 2014, the Board of Veterans' Appeals (Board) referred U.S. Army veteran Eddie D. Ray's claim for a rating of total disability on the basis of individual unemployability (TDIU) to what is today the Director, Compensation Service, for extraschedular consideration. The Board found that "[w]hile [an October 2011] VA examiner indicated that the Veteran was able to perform sedentary employment, the record suggests that the Veteran may not be able to obtain such employment as it is inconsistent with his education and occupational background."1 The Director then denied the veteran an extraschedular TDIU rating, and the matter returned to the Board.2 Though in July 2014 the Board found extraschedular referral warranted and though no new evidence had been submitted since its July 2014 decision, in a February 15, 2017, decision, the Board found that the veteran's "service-connected disabilities do not render
    1 Record (R.) at 1478.
    2 R. at 45.
    him unable to secure and follow a substantially gainful occupation consistent with his education and special training" and denied him an extraschedular TDIU rating.3 Nowhere in its decision did the Board explain what it understood the phrase "unable to secure and follow a substantially gainful occupation,"4 a phrase that VA has refused to define since this Court's inception, to mean. Nor did the Board explain why referral for extraschedular consideration was warranted in July 2014 but an extraschedular rating wasn't warranted in February 2017.
    We are called on to answer two questions in this appeal, which is timely and over which the Court has jurisdiction.5 First, what is the effect, if any, of the Board's determination to refer a case for extraschedular consideration under 38 C.F.R. § 4.16(b) when the Board later reviews the Director's decision not to award an extraschedular TDIU rating? Second, does VA's refusal to define key terms in § 4.16(b) make the Board's statement of reasons or bases inadequate, and if so, should the Court interpret those terms itself?
    First, we hold that the Board's initial finding that extraschedular referral is warranted is a factual one but is necessarily based on a evidentiary threshold that is lower than that for the decision to award an extraschedular rating. If the Board refers a claim to the Director for extraschedular consideration and the Director denies an extraschedular rating, the Board's earlier decision to refer the claim doesn't automatically bind the Board to grant an extraschedular rating; however, if the Board denies an extraschedular rating, it must provide adequate reasons or bases for deviating from its earlier referral decision. Second, we hold that VA's refusal to define key terms in 38 C.F.R. § 4.16(b) frustrates judicial review and, after concluding that we needn't defer to the Secretary's interpretation of the regulation, we interpret it ourselves. Because the Board failed to explain why the evidence was sufficient to support referral but insufficient to support the award of an extraschedular rating, and because VA's refusal to define the relevant regulatory terms frustrates judicial review, we remand this matter to the Board for readjudication consistent with this opinion.
    3 R. at 8.
    4 The regulation uses the phrases "substantially gainful employment" and "substantially gainful occupation." These phrases are synonymous. Ortiz-Valles v. McDonald, 28 Vet.App. 65, 70 (2016).
    5 See 38 U.S.C. §§ 7252(a), 7266(a).
    I. FACTS AND PROCEDURAL HISTORY
    The veteran served honorably from November 1966 to November 19696 and is service connected for several disabilities with a combined disability rating of 50%.7 In September 2005, the veteran filed a claim for an increased rating due to TDIU.8 That claim was denied in January 2006 and the denial continued in July of that year.9
    In January 2011, the veteran submitted a VA Form 9, stating he couldn't work because of his disabilities.10 In March 2012 the veteran's claim for TDIU was denied.11 The veteran timely disagreed with that decision,12 and VA continued its denial in November 2012.13 The veteran then perfected an appeal to the Board.14
    In a July 2014 decision, the Board remanded the issue of entitlement to TDIU to a regional office (RO) for referral under § 4.16 to the Director for extraschedular consideration.15 In short, the Board referred the TDIU issue for extraschedular consideration. The Director denied entitlement to TDIU in March 2015,16 and the RO continued its denial that same month. The veteran then perfected an appeal to the Board, which also denied him an extraschedular rating because his "service-connected disabilities do not render him unable to secure and follow substantially gainful employment consistent with his education and special training."17 This appeal followed.
    6 R. at 4761, 4771-72.
    7 R. at 1610-11.
    8 R. at 2320-21.
    9 R. at 2288-92 (Jan. 2006 rating decision), 2249-56 (July 2006 rating decision).
    10 R. at 1914-17.
    11 R. at 1599-1615.
    12 R. at 1589-91.
    13 R. at 1529-64.
    14 R. at 1521-27.
    15 R. at 1459-81.
    16 R. at 45-48.
    17 R. at 8.
    II. ANALYSIS
    Is a Referral Decision Under 38 F.R. § 4.16(b) a Factual Finding? Typically, VA compensates veterans for their service-connected disabilities through its rating schedule, which is designed to reflect the average impairment in earning capacity that a veteran with a certain type of disability would experience.18 But, in certain circumstances, VA can determine that a veteran is unemployable as a result of his or her service-connected disabilities even when he or she hasn't met the requirements for a 100% rating.19 In those instances, 38 C.F.R.
    4.16(a) and (b) kick in. Section 4.16(a) addresses schedular TDIU, which applies where a veteran has a single disability rated at 60% or more, or two disabilities rated collectively at 70% or more where one of them is rated at least 40% or more. The veteran doesn't argue he's entitled to TDIU under subsection (a). Instead, this appeal is about § 4.16(b).
    20
    That section reads, in full:
    It is the established policy of the Department of Veterans Affairs that all veterans who are unable to secure and follow a substantially gainful occupation by reason of service-connected disabilities shall be rated totally disabled. Therefore, rating boards should submit to the Director, Compensation Service, for extra-schedular consideration all cases of veterans who are unemployable by reason of service- connected disabilities, but fail to meet the percentage standards set forth in paragraph (a) of this section. The rating board will include a full statement as to the veteran's service-connected disabilities, employment history, educational and vocational attainment and all other factors having a bearing on the issue.[21]
    In Wages v. McDonald, this Court held that the Director's decision with respect to extraschedular consideration "is no different than an RO's decision in terms of its effect on the Board' statutory jurisdiction and the Board's standard of review."22 Thus, under § 4.16(b), VA adjudicators, including the Board,23 should refer claims to the Director for "all veterans who are unable to secure and follow a substantially gainful occupation" because of their service-connected disabilities.24 Then, the Director can either award or deny an extraschedular rating. If the Director
    18 See 38 C.F.R. § 4.1 (2018).
    19 See Withers v. Wilkie, 30 Vet.App. 139, 144 (2018).
    20 38 C.F.R. § 4.16(a) (2018).
    21 38 C.F.R. § 4.16(b).
    22 27 Vet.App. 233, 238 (2015).
    23 See Bowling v. Principi, 15 Vet.App. 1, 10 (2001) (holding that § 4.16(b) applies to the Board).
    24 38 C.F.R. § 4.16(b). We note that neither the RO nor the Board is permitted to decide in the first instance whether
    denies an extraschedular TDIU rating, the claim returns to the Board, which reviews the denial without deference to the Director just as the Board would review the RO's denial without deference to the RO.25 The Board then decides whether to award or deny an extraschedular rating.26 It's this three-step process that's at issue here.
    In July 2014, the Board remanded the veteran's TDIU claim so an RO could refer it for extraschedular consideration, stating that
    additional development is required before the remaining issue [of TDIU] is decided. The Veteran does not current [sic] meet the schedular criteria for the assignment of TDIU. However, a review of the record shows that the Veteran may be prevented from physical labor by limitations resulting from his service-connected ventral hernia. While the [October 2011] VA examiner indicated the Veteran was able to perform sedentary employment, the record suggests that the Veteran may not be able to obtain such employment as it is inconsistent with his education and occupational background.[27]
    The veteran argues the Board's 2014 referral decision was a binding factual finding that the Board impermissibly changed when it denied him an extraschedular rating in 2017.28 The Secretary argues the Board's 2014 referral decision "does not equate to a factual finding, but instead indicates simply [] that evidence of record warrants referral to the Director[.]"29 We don't entirely agree with either position as both the veteran's and the Secretary's arguments would lead to absurd results.
    If the veteran is right that the decision to refer a claim for extraschedular consideration is a binding factual finding, then the Director would be little more than a rubberstamp. Put simply, it can't be the case that when the Board refers a claim to the Director for extraschedular consideration and the Director denies an extraschedular rating, the Board then must award an extraschedular rating anyway because of its initial referral decision. Such a reading of § 4.16(b) would make the Director superfluous as any claim that reached the Director from the Board would inevitably be granted by the Board when returned to it. We have an obligation to avoid such an absurd result 30 an extraschedular rating is warranted, only whether the facts presented warrant referral to the Director. See Floyd v. Brown, 9 Vet.App. 88, 95 (1996).
    25 Wages, 27 Vet.App. at 238.
    26 Id.
    27 R. 1478 (emphasis added).
    28 See Appellant's Brief (Br.) at 10-12.
    29 Secretary's Br. at 8.
    30 See Atencio v. O'Rourke, 30 Vet.App. 74, 83 (2018) (noting that absurd results are "something courts should avoid and to shy away from any interpretation that makes the additional language mere surplusage.31 Nor is the veteran correct that 38 C.F.R. § 20.1303 applies here. That regulation states that a "previously issued Board decision will be considered binding . . . with regard to the specific case decided."32 Here, the "previously issued Board decision" in 2014 was a referral decision. The Board's decision to refer the TDIU issue and its decision to award a rating are different and distinct decisions such that the Board isn't precluded from denying an extraschedular rating after referring a claim for extraschedular consideration. And, it's for those same reasons that the "law of the case" doctrine doesn't apply.33
    But, on the other hand, the Secretary also can't be right that the referral decision isn't a factual finding as it clearly involves the application of a legal standard, § 4.16(b), to the facts of a given claim. Additionally, this Court, in an en banc opinion, Pederson v. McDonald, has held that the Board's referral denials are factual decisions to be upheld absent clear error.34 We can think of no principled reason why the decision not to refer a claim for an extraschedular determination is a factual one but a decision to refer a claim is not. Thus, and given the en banc Court's determination in Pederson,35 not only do we disagree with the Secretary's argument, but even if we wanted to we couldn't agree.
    Does Referral Under 38 F.R. § 4.16(b) Require the Board to Award an Extraschedular Rating? Having dispensed with the parties' arguments, we turn to the question of what effect, if any, does the Board's determination to refer a case for extraschedular consideration under 38 C.F.R.
    4.16(b) have when the Board later reviews the Director's decision not to award an extraschedular TDIU rating? We conclude that the decision to refer a claim for extraschedular consideration is a in statutory and regulatory interpretation"); see also, e.g., United States v. Wilson, 503 U.S. 329, 334 (1992) ("[A]bsurd results are to be avoided."); Timex V.I., Inc. v. United States, 157 F.3d 879, 886 (Fed. Cir. 1998) (applying "the canon that a statutory construction that causes absurd results is to be avoided if at all possible").
    31 See Sharp v. United States, 580 F.3d 1234, 1238 (Fed. Cir. 2009) (noting that the canon against surplusage requires the Court to avoid an interpretation that results in portions of text being read as meaningless); see also Duncan v. Walker, 533 U.S. 167, 174 (2001).
    32 38 C.F.R. § 20.1303 (2018).
    33 See Johnson v. Brown, 7 Vet.App. 25, 26 (1994) (the law of the case doctrine "preclude[s] reconsideration of identical issues" when "a case is addressed by an appellate court, remanded, [and] returned to the appellate court").
    34 27 Vet.App. 276, 286 (2015) (en banc).
    35 See Bethea v. Derwinski, 2 Vet.App. 252, 254 (1992) ("Only the en banc Court may overturn a panel decision.").
    factual finding that doesn't bind the Board when it later decides whether to award an extraschedular rating. This is so because the decisions to refer and to award a rating are fundamentally different. As we explain, the referral decision could affect the later "award" decision in a case-specific way, but there's no categorical relationship between these two distinct determinations.
    While the plain text of § 4.16(b) certainly doesn't explain how the referral and rating award decisions are different, "[w]hen assessing the meaning of a regulation, words should not be taken in isolation but rather read in the context of the regulatory structure and scheme."36 We review the interpretation of regulations without deference to the Board.37 Bearing in mind the regulatory structure and scheme VA has created to award extraschedular TDIU ratings, we hold that the initial extraschedular referral decision under § 4.16(b) addresses whether there's sufficient evidence to substantiate a reasonable possibility that a veteran is unemployable by reason of his or her service- connected disabilities.38 The Director then performs his or her duties and, if the Director denies an extraschedular rating, the Board then, reviewing that decision without deference39 and bearing in mind the benefit of the doubt standard,40 decides whether the preponderance of the evidence nevertheless shows that a veteran is unemployable by reason of his or her service-connected disabilities.41
    VA's own internal guidelines support such a reading of § 4.16(b). The M21-1 provides that referral is appropriate, in part, when "there is evidence that the Veteran may be unable to secure or follow a substantially gainful occupation because of a service-connected disability."42 Of course, the M21-1 isn't binding on the Board43 but an interpretation of § 4.16(b) that is in line with VA's
    36 Atencio, 30 Vet.App. at 82 (citing King v. Shinseki, 26 Vet.App. 484, 488 (2014)).
    37 See id.; see also Tropf v. Nicholson, 20 Vet.App. 317, 320 (2006).
    38 In Stanton v. Brown, 5 Vet.App. 563, 570 (1993), the Court seemed to implement a similar standard. There, the Court held that a veteran who had given lay testimony (but nothing more) regarding his inability to seek or maintain employment had "presented a well-grounded claim for a total disability rating under section 4.16(b)." Thus, our holding merely elaborates on the standard used in Stanton.
    39 Wages, 27 Vet.App. at 239 (the Director's decision to deny an extraschedular rating "is simply a decision that is adopted by the RO and reviewed de novo by the Board").
    40 See 38 U.S.C. § 5107(b); Gilbert v. Derwinski, 1 Vet.App. 49, 53 (1990).
    41 See Ortiz v. Principi, 274 F.3d 1361, 1365 (Fed. Cir. 2001).
    42 VA ADJUDICATIONS PROCEDURES MANUAL (M21-1), pt. III, subpt. iv, ch. 6, § B (emphasis added).
    43 See, e.g., Gray v. Sec'y of Veterans Affairs, 875 F.3d 1102, 1108 (Fed. Cir. 2017), cert. granted, 139 S. Ct. 451
    (2018).
    practice lends support to our analysis. An interpretation of § 4.16(b) requiring different evidentiary standards at different times in the extraschedular process finds support in other areas of the law. For example, in McClendon v. Nicholson, this Court held that a veteran need only show "some indication" of a disability to trigger VA's duty to obtain a medical examination.44 But "some indication" is a standard far lower than that required for the ultimate determination whether a veteran's disability is related to his or her service. Similarly, in general civil litigation, a party seeking a preliminary injunction need only show he or she is "likely" to win on the merits.45 Yet when that party seeks a permanent injunction, the evidentiary threshold changes and he or she must show ultimate success on the merits.46
    One final point on this issue. The Board's obligation to provide an adequate statement of reasons or bases to support its decision47 also applies when the Board reviews the Director's decision not to grant an extraschedular TDIU rating. 48 Thus, the Board must ensure that it adequately explains its reasoning when a factual finding made at the referral stage comes out differently at the review stage. Some factors that may affect the Board's ability to reach a different result or the adequacy of its discussion of reasons or bases include, but are not limited to, the certainty or complexity of factfinding in the initial referral decision and to the extent to which the record has changed since the referral decision. Thus, the referral decision can still be relevant at the award stage in certain circumstances. For example, where the Board finds referral appropriate because "it is beyond dispute" that a veteran was unemployable because of his service-connected disabilities, more explanation might be needed for a contrary finding than where the Board's referral finding is more equivocal. It's also possible that no amount of explanation may overcome the Board's initial finding.
    Here, since the Board's decision didn't explain why the factual finding it made at the referral stage came out differently at the review stage, remand is warranted.49 On remand, the Board must ensure that it explains its different factual determinations at the referral and review stages.
    44 20 Vet.App. 79, 83 (2006).
    45 See, e.g., Reebok Int'l Ltd. v. J. Baker, Inc., 32 F.3d 1552, 1555 (Fed. Cir. 1994).
    46 See, e.g., Apple Inc. v. Samsung Electrs. Co., Ltd., 809 F.3d 633, 639 (Fed. Cir. 2015).
    47 Allday v. Brown, 7 Vet.App. 517, 527 (1995).
    48 See 38 U.S.C. § 7104(d)(1); see also Frost v. Shulkin, 29 Vet.App. 131, 139 (2017); Allday, 7 Vet.App. at 527;
    Gilbert, 1 Vet.App. at 56-57.
    49 See Tucker v. West, 11 Vet.App. 369, 375 (1998).
    Although we're remanding this matter to the Board because of its inadequate reasons or bases regarding its contradictory extraschedular determinations, we must also address the ambiguity of the phrase "unable to secure and follow substantially gainful employment." "Without a definition of the phrase or, at the very least, a list of factors that VA adjudicators should consider in making that determination, there is no standard against which VA adjudicators can assess the facts of a veteran's case," 50 thus leading to insurmountable reasons or bases errors in Board decisions.
    Interpreting "Substantially Gainful Employment" "Expert discretion is the lifeblood of the administrative process, but '[u]nless we make the requirement for administrative action strict and demanding, expertise, the strength of modern government, can become a monster which rules with no practical limits on its discretion.'"51 Although "the law does not demand perfect consistency in administrative decision-making,"52 "overly ambiguous standards almost inevitably lead to inconsistent application."53
    In Ferraro v. Derwinski, a case almost as old as this Court, the Court noted that "'[s]ubstantially gainful employment' is a term of art which . . . has no concrete definition."54 The Court left "the development of such a definition to the Secretary and urge[d] that he establish a clear definition for this term," explaining that "[t]his would be helpful, not only as an aid to veterans, but also as an aid to VA decision-makers and to this Court in future decisions."55 The Court's encouragement has gone unheeded for 27 years.
    The Court next addressed this issue in Moore v. Derwinski.56 There, the Court stated that "there is a need for the Secretary to clarify the regulations concerning unemployability."57 But the Court was "not yet prepared to impose a Court-created rule upon" the Board and "suggest[ed] to
    50 Cantrell v. Shulkin, 28 Vet. App. 382, 390–91 (2017).
    51 Burlington Truck Lines, Inc. v. United States, 371 U.S. 156, 167 (1962) (quoting New York v. United States, 342 U.S. 882, 884 (1951) (Black, J., dissenting)) (emphasis omitted)).
    52 South Shore Hosp., Inc. v. Thompson, 308 F.3d 91, 103 (1st Cir. 2002).
    53 King v. LaMarque, 464 F.3d 963, 966 (9th Cir. 2006).
    54 1 Vet.App. 326, 333 (1991).
    55 Id.
    56 1 Vet.App. 356 (1991).
    57 Id. at 359.
    the Secretary that there is much that could be borrowed from" federal appellate decisions interpreting a similar term, substantial gainful activity, found in Social Security regulations.58 Then, in 2000, the Court, after looking to Social Security regulations for guidance, defined the term but limited its definition to the facts of the particular case.59
    VA is aware of the problems created by the lack of defined terms in § 4.16(b). In September 1987, the U.S. General Accounting Office, now the Government Accountability Office (GAO), examined VA's TDIU rating process, concluding that the lack of defined terms in § 4.16 could lead to inconsistent outcomes and give "the appearance of arbitrary and inequitable decision[-
    ]making."60 Similarly, in June 2015, the GAO again investigated VA's TDIU analysis, concluding that "VA's procedures do not ensure that [TDIU] benefit decisions are well-supported."61
    Despite this issue's appearance before the Court so often, the Court's repeated encouragement, and the GAO findings, the Court again recently declined to define "substantially gainful employment" "without first allowing VA to take a position on the matter,"62 noting that "[i]t is VA's responsibility to define the terms contained within its regulations and the Court encourages it do so."63 Yet, from Ferraro in 1991 to Ortiz-Valles in 2016 to the matter before us today, VA has refused to provide an adequate definition. The lack of any articulable standards by which veterans' extraschedular TDIU claims are judged renders the Board's reasons or bases here inadequate.64 But this isn't the Board's fault. The regulation simply provides no guidance to either veterans or VA's own adjudicators, an inadequacy of VA's TDIU regulations that, as just discussed,
    58 Id.
    59 See Faust v. West, 13 Vet.App. 342, 355 (2000) ("In view of the fact that the Secretary has yet to issue a clear definition of substantially gainful employment, despite the Court's encouragement to that effect . . . , today we articulate such a definition for the purpose of dealing with the facts of this case.").
    60 U.S. GEN. ACCOUNTING OFFICE, IMPROVING THE INTEGRITY OF VA'S UNEMPLOYABILITY COMPENSATION PROGRAM at 18, 42 (Sept. 21, 1987).
    61 U.S. GEN. ACCOUNTABILITY OFFICE, VA CAN BETTER ENSURE UNEMPLOYABILITY DECISIONS ARE WELL SUPPORTED, GAO 15-464 (June 2015).
    62 Ortiz-Valles, 28 Vet.App. at 72.
    63 Id.
    64 See King, 464 F.3d at 966.
    has been well identified.65 Thus, today, we step in and interpret the meaning of being "unable to secure and follow substantially gainful employment."
    This isn't a revolutionary exercise. Indeed, unless they must defer to the promulgating agency, courts regularly define regulatory terms when they're ambiguous.66 Recently, this Court did just that when faced with an ambiguous term in Diagnostic Code 7522.67
    We begin our analysis by looking to the language of the regulation.68 If, from the language of the regulation, the plain meaning of the phrase "unable to secure and follow substantially gainful employment" is clear, then that meaning controls, and our inquiry is finished.69 But, if the language is ambiguous, then we may define the phrase unless we "must defer to the agency's interpretation of its regulation unless that interpretation is inconsistent with the language of the regulation, is otherwise plainly erroneous, or does not represent the agency's considered view on the matter."70 The language of § 4.16(b) is ambiguous. The regulation instructs "that all veterans who are
    unable to secure and follow a substantially gainful occupation" because of their service-connected disabilities will "be rated totally disabled" without defining what either "a substantially gainful occupation" is or what it means to be "unable to secure and follow" such an occupation.71 Section 4.16(a) provides that "substantially gainful employment" is employment that is not "marginal" with "marginal" defined as employment producing an annual income below the Federal poverty threshold for one person.72 But this is, at best and as we discuss below, an incomplete definition.
    65 See supra note 61.
    66 See, e.g., Young v. United Parcel Serv., 135 S. Ct. 1338, 1353-54 (2015); Christopher v. SmithKline Beecham Corp., 567 U.S. 142, 155 (2012); see also Elgin Nursing v. U.S. Dep't of Health & Human Servs., 718 F.3d 488, 494 (5th Cir. 2013) ("Unfettered by DHHS's interpretation of the [regulation at issue], we apply the traditional tools of textual interpretation to determine its fair meaning[.]").
    67 See Williams v. Wilkie, 30 Vet.App. 134, 138 (2018) ("Although DC [Diagnostic Code] 7522 requires a 'deformity' for a compensable rating, VA has not expressly defined this term. The Court will therefore assign the ordinary meaning of this word.").
    68 See Cantrell v. Shulkin, 28 Vet.App. 382, 389 (2017) (citing Good Samaritan Hosp. v. Shalala, 508 U.S. 402, 409
    (1993)).
    69 See Tropf v. Nicholson, 20 Vet.App. 317, 320 (2006).
    70 Cantrell, 28 Vet.App. at 390; see also Auer v. Robbins, 519 U.S. 452 (1997).
    71 38 C.F.R. § 4.16(b).
    72 38 C.F.R. § 4.16(a).
    Thus, the plain language of the regulation insufficiently guides us as to the proper meaning of
    4.16(b)'s terms. Having concluded that the phrase is ambiguous, we turn first to the Secretary's views. In his supplemental brief, he defined substantially gainful employment as "employment that produces income exceeding the amount established by the U.S. Department of Commerce, Bureau of the Census, as the poverty threshold for one person."73 This interpretation of § 4.16(b) merits no deference. First, the Secretary has not once, neither in his briefs nor at oral argument, asked for deference, a waivable argument.74 Second, even if we construe the Secretary's oral argument as seeking deference, this Court will "generally not entertain arguments raised by counsel at oral argument for the first time."75 Third, even if the issue of deference had been raised, we review the Board's decision, and there's no indication that the Board adopted or was even aware of any definition along the lines the Secretary presented to the Court. Fourth, it's unclear what we would defer to. At oral argument, the Secretary's counsel referenced the M21-1 as a possibly defining the terms in § 4.16(b).76 But the Board didn't cite the M21-1, and even if it had, the M21-1 isn't binding on the Board.77 If we decided to defer to the nonbinding M21-1, we would be undermining the Federal Circuit's holding in Gray, because the M21-1 would effectively bind the Board as we'd be required to defer to it and thus judge the Board against its provisions.78 Fifth, VA may arguably be
    73 Secretary's Supplemental Br. at 10.
    74 See Mass. Mut. Life Ins. Co. v. United States, 782 F.3d 1354, 1369 (Fed. Cir. 2015); Norvell v. Peake, 22 Vet.App. 194, 201 (2008).
    75 Sellers v. Wilkie, 30 Vet.App. 157, 166 (2018); see also McFarlin v. Conseco Servs., LLC, 381 F.3d 1251, 1263 (11th Cir. 2004) ("A party is not allowed to raise at oral argument a new issue for review."); Pieczenik v. Dyax Corp., 265 F.3d 1329, 1332-33 (Fed. Cir. 2001) ("It is well settled that an appellant is not permitted to make new arguments that it did not make in its opening brief."); Norvell, 22 Vet.App. at 201 ("This Court and the U.S. Court of Appeals for the Federal Circuit have repeatedly discouraged parties from raising arguments that were not presented in an initial brief to the Court.").
    76 Oral Argument at 42:39-43:09, Ray v. Wilkie, U.S. Vet. App. No. 17-0781 (oral argument held Sept. 5, 2018). VA's M21-1 part IV, subpart ii, chapter 2, section F.1.c defines substantially gainful employment as
    [e]mployment at which non-disabled individuals earn their livelihood with earning comparable to the particular occupation in the community where the veteran resides. It suggests a living wage. Substantially gainful employment is competition (not protected) employment and with earning exceeding the amount established by the U.S. Department of Commerce, U.S. Census Bureau, as the poverty threshold for one person.
    77 See Gray, 875 F.3d at 1108.
    78 See Overton v. Wilkie, 30 Vet.App. 257 (2018).
    owed deference under Skidmore v. Swift & Co.,79 but applying Skidmore here wouldn't change the outcome. Under Skidmore, we're required to consider VA's "body of experience and informed judgment"80 by considering "the thoroughness evident in [the Agency's] consideration, the validity of its reasoning, its consistency with earlier and later pronouncements, and all those factors which give it power to persuade, if lacking power to control."81 But Skidmoredeference (to the degree it truly is "deference"), unlike Auer deference, isn't controlling.82 And the Secretary's "interpretation" offered here—an interpretation our concurring colleague accepts at face value83—shares many of the same features as the one the Supreme Court recently rejected after conducting a Skidmore analysis. In Young, the Department of Labor promulgated guidance on the proper meaning of "other persons" as used in the Pregnancy Discrimination Act.84 The Supreme Court analyzed the agency's proffered interpretation under the Skidmore framework, concluding that its interpretation didn't merit special consideration because it was "a position about which [its] previous guidelines were silent" and was "inconsistent with positions for which the Government has long advocated," and because the agency failed to "explain the basis of its guidance."85 Here, similar inconsistencies and lack of rationale plague the Secretary's definition.
    Elsewhere, VA has stated that TDIU adjudicators "must consider a number of factors, including the frequency and duration of periods of incapacity or time lost from work due to disability, the veteran's employment history and current employment status, and the veteran's annual income from employment, if any."86 Thus, VA's own interpretation is inconsistent, and neither the M21-1 nor the Secretary's proffered definition fully encapsulates the entire TDIU analysis—that is, whether a veteran is "unable to secure and follow substantially gainful employment" because of his or her service-connected disabilities.87 Instead, they merely address
    79 323 U.S. 134 (1944).
    80 Id. at 140.
    81 Id.
    82 Id. ("[T]he rulings, interpretations, and opinions of [the Agency] . . . [are] not controlling upon the courts.").
    83 See post at 23.
    84 135 S. Ct. at 1351.
    85 Id. at 1352.
    86 VA Gen. Coun. Prec. 5-2005, at ¶5 (Nov. 25, 2005).
    87 This inconsistency, overlooked by our concurring colleague, matters because "[a]n agency interpretation of a relevant provision which conflicts with the agency's earlier interpretation is 'entitled to considerably less deference'
    one component of that analysis: the economic requirement. That requirement is straightforward: To receive an extraschedular TDIU rating, a veteran must have an earned annual income that doesn't exceed the Federal poverty threshold for one person.88 But the economic requirement, standing alone, isn't enough. Were this the only requirement, the regulation's command that adjudicators "include a full statement as to the veteran's service-connected disabilities, employment history, educational and vocational attainment and all other factors having a bearing on the issue" 89 would make no sense because none of that information would be needed to determine whether a veteran's earned annual income exceeds the federal poverty threshold. Thus, the M21-1 and Secretary have offered, at best, incomplete interpretations of § 4.16(b).
    The Secretary argues this incompleteness is an intentional and beneficial feature of the regulation. In his view, § 4.16(b) is designed to be "flexible" and "intentionally broad."90 But that "flexibility" means that neither veterans nor this Court understand what the regulation means. Thus, the Secretary's position is untenable and wouldn't be entitled to deference because, as we’ve said, it's "the equivalent of 'because I say so'" 91 or "we know it when we see it." 92 Further, "vagueness is especially unhelpful when it comes to TDIU, where individual assessment is crucial."93 The GAO aptly illustrated the effect of this vagueness:
    VA procedures do not ensure that Individual Unemployability benefit decisions are well-supported. For example, contrary to federal internal control standards, the guidance on determining unemployability is incomplete for ensuring consistency. In discussion groups with GAO, VA's rating specialists said they disagreed on the factors they need to consider when determining unemployability, and had difficulty separating allowable from non-allowable factors. Some specialists said these challenges create the risk that two raters could examine the same evidence and reach an opposite decision to approve or deny a claim.[94]
    than a consistently held agency view." I.N.S. v. Cardoza-Fonseca, 480 U.S. 421, 446 n.30 (1987) (quoting Watt v. Alaska, 451 U.S. 259, 273 (1981)).
    88 38 C.F.R. § 4.16(a).
    89 38 C.F.R. § 4.16(b).
    90 Secretary's Supplemental (Supp.) Br. at 14-15.
    91 Hood v. Brown, 4 Vet.App. 301, 303 (1993).
    92 Cantrell, 28 Vet.App. at 390 ("Essentially the Secretary is asking the Court to defer to a 'we know it when we see it' definition of employment in a protected environment and to trust that the hundreds of VA adjudicators across the country will uniformly and consistently apply that undefined term without guidance from the Secretary.").
    93 Withers, 30 Vet.App. at 148.
    94 U.S. Gov't Accountability Office, GAO 15-464, VA Can Better Ensure Unemployability Decisions Are
    Thus, we are left with an undefined and ambiguous regulatory phrase that we interpret as we would any other statute or regulatory phrase.
    Ideally, VA, with its expertise, would have interpreted the phrase at some point afterthis Court first encouraged it to do so in 1991, but it hasn't. So, we provide guiding principles to frame the proper inquiry for extraschedular TDIU. 95 As we noted above, the Court has defined "substantially gainful employment" before.96 Thus, we look to what the Court did there and draw upon existing TDIU caselaw and the litany of cases in which the Court has encouraged VA to adopt a complete definition.
    "[E]ntitlement to TDIU is based on an individual's particular circumstances." 97 We recognize, as both the Secretary and veteran agree,98 that with respect to "substantially gainful employment" § 4.16(b) includes an economic component: a veteran's income must be lower than the Federal poverty threshold.99 But there's also no question that being "unable to secure and follow a substantially gainful employment" includes a non-economic component. "When the Board conducts a TDIU analysis, it must take into account the individual veteran's education, training, and work history."100 "The question is whether the veteran is capable of performing the physical and mental acts required by employment, not whether the veteran can find employment."101 As to mental abilities in particular, the Court has cited specific examples, such as a lack of social skills102 and workplace stress.103 "[W]e note that a determination whether a person is capable of engaging
        Well Supported, (2015).
    95 We note that both VA and veterans have means with which to change any definition or guidelines we provide today. VA can engage in notice-and-comment rulemaking under 38 U.S.C. § 501(a) and veterans may petition for rulemaking under 5 U.S.C. § 553(e) and appeal any denial to the Federal Circuit. See Gray, 875 F.3d at 1109.
    96 See Faust, 13 Vet.App. at 355.
    97 Rice v. Shinseki, 22 Vet.App. 447, 452 (2009); see also 38 C.F.R. § 4.15 (2018).
    98 See Appellant's Supp. Br. at 7; Secretary's Supp. Br. at 10.
    99 See Ortiz-Valles, 28 Vet.App. at 71 (noting that "substantially gainful employment" is employment "capable of producing income that is more than marginal—i.e., with income that exceeds the amount published by the U.S. Department of Commerce for the poverty threshold for one person").
    100 Pederson, 27 Vet.App. at 286.
    101 Van Hoose v. Brown, 4 Vet.App. 361, 363 (1993) (emphasis in original).
    102 Gleicher v. Derwinski, 2 Vet.App. 26, 28 (1991).
    103 Washington v. Derwinski, 1 Vet.App. 459, 465 (1991).
    in a substantially gainful occupation must consider both that person's abilities and his employment history."104
    To apply meaning to § 4.16(b), we, just as the Court did in Faust,105 choose to look to comparable Social Security regulations, specifically 20 C.F.R. §§ 404.1510 and 404.1572. Social Security regulations define "substantially gainful activity" as "work that—(a) [i]nvolves doing significant and productive physical or mental duties; and (b) [i]s done (or intended) for pay or profit."106 These regulatory provisions clarify elsewhere that work can be substantial "even if it is done on a part-time basis or if [claimants] do less, get paid less, or have less responsibility than when [they] worked before," and that work is gainful "if it is the kind of work usually done for pay or profit, whether or not a profit is realized."107 These regulations serve as useful guides for us in crafting our own principles for the unique nature of the veterans benefits system. To be sure, the Court has previously declined to order VA to adopt Social Security definitions.108 And, to be clear, we don't adopt Social Security's regulations as VA regulations. To the extent we discuss them, we look to them only for "appropriate guidance," as the Court has done before.109
    Thus, after canvassing this Court's TDIU caselaw, relevant Social Security regulations, and the parties' arguments, we interpret the phrase "unable to secure and follow a substantially gainful occupation" in § 4.16(b) to have two components: one economic and one noneconomic. The economic component simply means an occupation earning more than marginal income (outside of a protected environment) as determined by the U.S. Department of Commerce as the poverty threshold for one person. As for the noneconomic component, the Secretary himself states that "determining eligibility for TDIU requires more than determining the presence or absence of employment producing income exceeding any particular threshold," and "the ultimate inquiry is instead on the individual claimant's ability to secure or follow that type of employment."110 Thus, in order to fully clarify our interpretation that the regulation has both an economic and
        104 Faust, 13 Vet.App. at 355.
    105 Id.; see also Moore, 1 Vet.App. at 359.
    106 20 C.F.R. § 404.1510 (2018).
    107 20 C.F.R. § 404.1572(a), (b) (2018).
    108 See, e.g., Withers, 30 Vet.App. at 148-49; Beaty v. Brown, 6 Vet.App. 532, 538 (1994); Moore, 1 Vet.App. at 359.
    109 Faust, 13 Vet.App. at 355.
    110 Secretary's Supp. Br. at 11.
    noneconomic component, we also provide guidance as to the meaning of a veteran's ability to "secure and follow" such employment.
    In determining whether a veteran can secure and follow a substantially gainful occupation, attention must be given to
    the veteran's history, education, skill, and training;
    111
    whether the veteran has the physical ability (both exertional and nonexertional) to perform the type of activities (e.g., sedentary, light, medium, heavy, or very heavy) required by the occupation at issue. Factors that may be relevant include, but are not limited to, the veteran's limitations, if any, concerning lifting, bending, sitting, standing, walking, climbing, grasping, typing, and reaching, as well as auditory and visual limitations; and
    112
    113
    whether the veteran has the mental ability to perform the activities required by the occupation at issue. Factors that may be relevant include, but are not limited to, the veteran's limitations, if any, concerning memory, concentration, ability to adapt to change, handle work place stress, get along with coworkers, and demonstrate reliability and
    114
    By discussing these potentially relevant factors, we don't create a checklist that must be run completely through in every case. Instead, discussion of any factor is only necessary if the evidence raises it.115
    We recognize that this is the first occasion in which the Court has interpreted "unable to secure and follow a substantially gainful occupation" under § 4.16 and provided guidance on what it means to "secure and follow" said employment. But a "central tenet of administrative law [is] that a reviewing court may not affirman administrative agency's actions on a reasoned basis different from the rationale actually put forth by the agency."116 This rule is absolute. Courts are
        111 Pederson, 27 Vet.App. at 286; VA Gen. Coun. Prec. 5-2005, at ¶5.
    112 See 20 C.F.R. § 404.1567 (2018).
    113 See, e.g., Van Hoose, 4 Vet.App. at 363.
    114 Gleicher, 2 Vet.App. at 28; Washington, 1 Vet.App. at 465.
    115 See Dela Cruz v. Principi, 15 Vet.App. 143, 149 (2001); Schafrath v. Derwinski, 1 Vet.App. 589, 593 (1991).
    116 Pub. Media Ctr. v. F.C.C., 587 F.3d 1322 (D.C. Circuit 1978); see Gulf States Utils. Co. v. FPC, 411 U.S. 747, 764 (1973); SEC v. Chenery Corp., 332 U.S. 194, 196 (1947) (Chenery II); SEC v. Chenery Corp., 318 U.S. 80, 95
    (1943) (Chenery I).
    "powerless to affirm [an] administrative action by substituting what it considers to be a more adequate or proper basis. To do so would propel the court into the domain which Congress has set aside exclusively for the administrative agency."117 Thus, we set aside the decision on appeal and remand this matter to the Board to provide reasons or bases that comport with this opinion and to develop any further evidence required.118
    In pursuing his case on remand, the veteran is free to submit additional evidence and argument, including the arguments raised in his briefs to this Court.119 The Board must consider any such evidence or argument.120 The Court reminds the Board that "[a] remand is meant to entail a critical examination of the justification for the decision." 121 The Board must proceed expeditiously.122
    Our Concurring Colleague's Concerns Our concurring colleague takes issue with our decision to interpret "substantially gainful employment." He argues that, by providing an interpretation about an ambiguous regulation that the Court has pleaded with VA to define for 25 years, our decision "sweeps beyond the Court's limited, but essential, role of interpreting laws written by other branches of Government and instead directs the substantive content of the regulation itself."123
    First, as our colleague himself notes, "this Court retains the authority to provide the final interpretation of [VA] regulations" and has "the obligation to do so in certain circumstances."124 Section 7261, title 38, U.S. Code, lays out our scope of review. It commands us to "interpret constitutional, statutory, and regulatory provisions" "to the extent necessary to [our] decision[.]"125 Our congressional mandate is clear. It's our duty to review the Board's decisions and "determine
        117 Chenery II, 332 U.S. at 198.
    118 See Turner v. Shulkin, 29 Vet.App. 207, 220 (2018).
    119 Kutscherousky v. West, 12 Vet.App. 369, 372-73 (1999) (per curiam order); see also Clark v. O'Rourke, 30 Vet.App. 92, 97 (2018).
    120 Kay v. Principi, 16 Vet.App. 529, 534 (2002).
    121 Fletcher v. Derwinski, 1 Vet.App. 394, 397 (1991).
    122 38 U.S.C. §§ 5109B, 7112.
    123 Post at 24 (emphasis in original).
    124 Post at 23.
    125 38 U.S.C. § 7261(a)(1).
    the meaning or applicability of the terms of an action of the Secretary[.]"126 Indeed, judicial interpretation has been a cornerstone of the American legal system since the foundation of the Republic.127 "The Judiciary has a responsibility to decide cases properly before it, even those it 'would gladly avoid.'"128
    Our colleague fails to address the inconsistencies in VA's proffered interpretation. He would have us adopt, without deferring to, the Secretary's interpretation because "it represents the most natural reading" of the regulation.129 He claims, without support, that such a definition has "distinct benefits" because it "complements" the definition of "marginal employment" the Court articulated in Ortiz-Valles and "is consistent with VA's historical practice of adjudicating TDIU."130 But, as we noted above, the Secretary's proffered interpretation in this appeal—which, it begs repeating, only came about after more than 25 years of judicial prodding and VA inaction— is actually inconsistent with previous VA guidance.
    The Secretary has interpreted being "unable to secure and follow substantially gainful employment" in this appeal as "employment that produces income exceeding the amount established by the U.S. Department of Commerce, Bureau of the Census, as the poverty threshold for one person."131 Yet, he's previously interpreted § 4.16(b) to require adjudicators to "consider a number of factors, including the frequency and duration of periods of incapacity or time lost from work due to disability, the veteran's employment history and current employment status, and the veteran's annual income from employment, if any."132 This is an inconsistency in VA's "historical practice of adjudicating TDIU" that neither our colleague nor the Secretary can explain because, as we explained above, the Secretary's interpretation is absurd.133 It reads out the regulation's
        126 Id.; see also Plaut v. Spendthrift Farm, Inc., 514 U.S. 211, 221 (1995) ("The power of '[t]he interpretation of the laws' [is] 'the proper and peculiar province of the courts.'" (citations omitted)).
    127 See Marbury v. Madison, 5 U.S. 137, 177 (1803) ("It is emphatically the province and duty of the judicial department to say what the law is").
    128 Zivotofsky v. Clinton, 566 U.S. 189, 194-95 (2012) (quoting Cohens v. Virginia, 19 U.S. 264, 404 (1821)).
    129 Post at 23.
    130 Id.
    131 Secretary's Supp. Br. at 10.
    132 VA Gen. Coun. Prec. 5-2005, at ¶5 (Nov. 25, 2005).
    133 Our colleague notes that the Secretary's proffered interpretation is consistent with the M21-1. See post at 23. But, as we stated above, the Board didn't cite the M21-1, and even if it had, the M21-1 isn't binding on the Board. See Gray, 875 F.3d at 1108. The fact that line adjudicators are bound by the M21-1 is irrelevant to us here as we review
    command that adjudicators "include a full statement as to the veteran's service-connected disabilities, employment history, educational and vocational attainment and all other factors having a bearing on the issue"134 as none of that information is needed to determine whether a veteran's earned annual income exceeds the Federal poverty threshold. Our colleague fails to explain how the Secretary's interpretation is viable in the context of the entire regulation, instead focusing only on its economic means testing component.135 Were he and the Secretary correct, all veterans across the Nation earning less than the Federal poverty line would be entitled to extraschedular TDIU benefits without any analysis of whether they can "secure and follow a substantially gainful occupation" despite their service-connected disabilities. The only test would be an income-based one. That simply makes no sense. We reject entirely such a limited interpretation.136
    Notably, our colleague's views are inconsistent. On the one hand, he warns that our decision is a "restructure[ing] of [the way] VA adjudicates TDIU to bring it into alignment with the framework used by the Social Security Administration."137 On the other, he writes that "many of" the factors we elucidate today "are already presumably captured by the open-ended inquiry that VA regulations and our caselaw already impose on the Board[.]"138 Both can't be true. Either our decision is a restructuring of the TDIU framework or it merely identifies relevant factors that Board members already implicitly consider. If the former, it's the result of 25 years of VA inaction. If the latter, then our decision is sound as adjudicators, claimants, and this Court can only benefit from further clarity.139
    the decisions of the Board, not line VA adjudicators. See 38 U.S.C. § 7252(a).
    134 38 C.F.R. § 4.16(b).
    135 See McCuin v. Sec'y of Health and Human Servs., 817 F.2d 161, 169 (1st Cir. 1987) ("In interpreting statutes and regulations, courts must try to give them a harmonious, comprehensive meaning, giving effect, when possible, to all provisions.").
    136 See, e.g., Atencio, 30 Vet.App. at 83 (courts should avoid interpreting regulations to lead to an absurd result).
    137 Post at 21.
    138 Post at 25.
    139 See Allday, 7 Vet.App. at 527; Gilbert, 1 Vet.App. at 56-57; see also Chenery II, 332 U.S. at 196-97 ("If the administrative action is to be tested by the basis upon which it purports to rest, that basis must be set forth with such clarity as to be understandable."); Int'l Longshoremen's Assoc. v. Nat'l Mediation Bd., 870 F.2d 733, 735 (D.C. Cir. 1989) ("The basis for an administrative decision, of course, must be clear enough to permit effective judicial review.").
    Our colleague also oversimplifies and recasts our holding regarding what are, in his terms, "a set of mandatory factors" the Board must consider in making TDIU determinations.140 As we explained above, "[b]y discussing these potentially relevant factors, we don't create a checklist that must be run completely through in every case. Instead, discussion of any factor is only necessary if the evidence raises it."141 Finally, our colleague overlooks one crucial fact: VA is free to revise its regulations as it sees fit if it disagrees with our interpretations. Indeed, recently VA has done just that.142
    Our decision here is simple: VA refused to define key regulatory terms for over 25 years, this frustrates judicial review of this appeal, and we have, therefore, interpreted § 4.16(b) after conducting all required deference analyses. We break no new ground. We simply engage in a routine act of regulatory interpretation.
    III. CONCLUSION
    The Court SETS ASIDE the Board's February 15, 2017, decision and REMANDS the matter to the Board for further adjudication.
    TOTH, Judge, concurring in part and in the judgment: I join the Court's decision on the effect of the Board's referral for extraschedular consideration. The treatment of the issue is cogent, faithful to the substance of applicable regulations, and provides a useful development of the framework that should allow for more consistent adjudication of TDIU. I respectfully decline, however, to join the Court in its definition of "substantially gainful employment."143 Instead of merely defining an ambiguous term, the Court restructures how VA adjudicates TDIU to bring it into alignment with the framework used by the Social Security Administration. The approach taken
        140 Post at 23 (emphasis in original).
    141 Supra at 17.
    142 See, e.g., Department of Veterans Affairs, Extra-Schedular Evaluations for Individual Disabilities, 82 Fed. Reg. 57,830 (Dec. 8, 2017) (abrogating Johnson v. McDonald, 28 Vet.App. 136 (2016)).
    143 38 C.F.R. § 4.16 mentions both "substantially gainful employment" and "substantially gainful occupation." In Ortiz-Valles v. McDonald, we held these terms to be interchangeable in substance as regards their use in § 4.16. I therefore discuss only "substantially gainful employment" with the understanding that it covers both discrete terms. 28 Vet.App. 65, 70 (2016).
    by the Social Security Administration might be more sensible, or just, but it is not one that we can impose on VA absent a clear indication that Congress intended this approach.
    All administrative law involves the separation of powers, and few cases demonstrate this fact more plainly than this one. Indeed, this case may serve as a cautionary tale for why administrative agencies should at least attempt to define their own ambiguous terms rather than leaving a blank slate for a court to supply its own meaning. As the majority notes, we first asked VA for a definition of "substantially gainful employment" in Ferraro v. Derwinski, 1 Vet.App. 326, 333 (1991), and repeated this request over the years in a series of cases. See Moore v. Derwinski, 1 Vet.App. 326 (1991); Faust v. West, 13 Vet.App. 342, 355 (2000); Ortiz-Valles v.
    McDonald, 28 Vet.App. at 70.
    Unmoved by our repeated requests, VA doubled down in its initial briefing, contending that it need not provide a definition for "substantially gainful employment," as the criteria established in § 4.16 are "intentionally broad and intended to allow VA adjudicators 'in the judgment of the rating agency' the ability to determine whether the facts of any case establish individual unemployability due to service connected disabilities." Sec's Br. at 15. Indeed, this was largely the same position that VA forwarded a year ago in a different TDIU case, Cantrell v. Shulkin, 28 Vet.App. 382, 393 (2017). In Cantrell, the Agency contended that it need not provide a definition for what it meant to work "in a protected environment" to allow "the factfinder to make a determination on a case-by-case basis." Id. at 390. In response, we took VA to task for asking the Court to defer to a standard-less, "we know it when we see it" definition. Id.
    One cannot help notice a recurring theme: VA promulgates broad, open-ended regulations containing undefined terms and then ignores this Court's entreaties to develop working definitions for such terms. As justification, VA points to the fact-specific nature of the overall adjudication itself, as though this somehow prevents the Agency from formulating interpretations of specific terms within the regulation. But although the factors that render someone unable to work may be manifold and open-ended, that doesn't mean that specific terms such as "substantially gainful employment," "marginal employment," or "protected environment" must remain as moving targets, bending to the discretion of factfinders. These terms are readily capable of definition, regardless of how open-ended the overall adjudication may be.
    As a matter of comity, courts grant executive agencies the opportunity to first explain how they interpret their own regulations and generally defer to such interpretations when they represent
    agency expertise, have a working history within the agency, and are consistent with the regulation's language. See Auer v. Robbins, 519 U.S. 452 (1997). For a fuller explanation, see Aditya Bamzai, The Origins of Judicial Deference to Executive Interpretation, 126 Yale L. J. 908 (2018). To be sure, there are many complex issues related to agency deference that remain unsettled, as evidenced by the fact that the Supreme Court recently took a case to address some of these questions, Kisor v. Wilkie, 869 F.3d 1360 (Fed. Cir. 2017), cert. granted, No. 18-15, 2018 U.S. LEXIS 7219 (Dec. 10, 2018). But this much is certain: when an agency makes no attempt over the course of decades to define specific terms, the usual interplay between court and agency breaks down. Rather than treating its regulations as closely held property, VA would do well to recognize that this Court retains not only the authority to provide the final interpretation of its regulations, but the obligation to do so. See 38 U.S.C. § 7261(a)(1); Perez v. Mortgage Bankers Ass'n, 135 S. Ct. 1199, 1222-23 (2015) (Thomas, J., concurring). VA can either participate in this process or not, but it cannot wish it away.
    I agree, then, with my colleagues that Auer deference is not warranted here because at no point did the Agency present an actual interpretation of "substantially gainful employment" that had any bearing on its adjudication of Mr. Ray's case. When pressed by this Court to provide a definition, VA eventually did so; specifically, the Secretary proposed the phrase to mean "employment that produces income exceeding the amount established by the United States Department of Commerce, Bureau of the Census, as the poverty threshold for one person." Sec's Supp. Br. at 10. Notably, this definition is consistent with the standard set out in the M21-1, which binds line adjudicators and which the Secretary cited in his supplemental brief. Id. at 11 n.3; see M21-1, pt. IV, sbpt. ii, ch. 2, sec. F.1.c.
    The majority rightfully explains why we cannot confer Auer deference to this proposed definition, but it never explains why the definition is unpersuasive even under the more demanding (to an agency) persuasiveness standard spelled out in Skidmore v. Swift & Co., 323 U.S. 134, 140 (1944). For my part, I find this definition persuasive as it represents a natural reading of "substantially gainful employment" and coheres with the overall structure and context of § 4.16. This definition, furthermore, has distinct benefits: it is clear, it complements the definition of "marginal employment" set out in § 4.16(a), and it is consistent with VA's historical practice of adjudicating TDIU. As a clearly identifiable marker, it puts to rest any confusion about what "substantially gainful employment" might mean for an individual factfinder.
    Rejecting VA's narrow definition, the Court takes a broader approach and attempts to reduce to a single definition what it means to be "unable to secure or follow a substantially gainful occupation." In so doing, it looks "to comparable Social Security regulations" for "appropriate guidance," ante at 16, and then proceeds to list a set of mandatory factors that "attention must be given to." Id. These factors are taken directly from Social Security regulations, particularly from 20 C.F.R. §§ 404.1510, 404.1560-404.1569a, and 404.1572.
    But there are a few problems with this approach. Outside of the term "substantially gainful," nothing in that phrase is actually ambiguous—it's merely open-ended. As a matter of plain language, to be "unable to secure or follow" an "occupation" or "employment" means only that a veteran is not able to work—a wholly straightforward matter for a factfinder, who need merely find evidence that the veteran is not working. Rather than resolving a textual ambiguity, the Court proposes a definition designed to account for all the possible reasons why a veteran might not be able to work. This approach might fit better if we focused on the phrase "as a result of" in 4.16(a) or "by reason of" in 4.16(b), which is the proximate cause language linking the veteran's disability to the inability to work. But even focusing on the proximate cause language is problematic because that language does not present an interpretive ambiguity; it merely states a required showing that the disability—and not other factors—be the discrete cause of the veteran's inability to get or keep a job. The proximate cause requirement may be open-ended in that it accounts for any number of factors, but it does not comprise a textual ambiguity.
    Which gets to the deeper concern I have about our proposed definition: it seems out of proportion to any interpretive problem presented by the text of the regulation. In its scope, it rings more legislative than judicial in nature as it sweeps beyond the Court's limited, but essential, role of interpreting laws written by other branches of government and instead directs the substantive content of the regulation itself. Before our ruling, the Board faced an open-ended regulation adjudicating TDIU; now it must consider the same regulation in light of veteran's ability to do "heavy" or "very heavy" work, "get along with coworkers," "adapt to change," and so forth. Ante at 17.
    The sweeping nature of our definition might fit better if we held the current regime of TDIU adjudication to be arbitrary as a result of a lack of meaningful standards, but that isn't the case. Broad statutes or regulations sometimes require a court to interpret and reduce an open-ended provision into a framework that allows for consistent adjudication. But as far as I can tell, while
    the Court has repeatedly chided VA for leaving material terms undefined, it has never claimed that TDIU adjudications under § 4.16 are standard-less or arbitrary. While open-ended, the framework contains a set of straightforward elements: TDIU is warranted when a veteran is "unable to secure or follow a substantially gainful occupation as a result of service-connected disabilities." 38 C.F.R.
    4.16(a). Thus, a TDIU claimant must show that he or she is (1) unable to secure or follow, (2) a substantially gainful occupation or employment, (3) as a result of, (4) service-connected disabilities (or disability). Pederson v. McDonald, 27 Vet.App. 276, 286 (2015) (en banc). Basically, TDIU amounts to a showing of whether a veteran's service-connected disabilities, and not other factors, render the veteran unable to work. Id. Notably, many of the factors mandated by the Court are already presumably captured by the open-ended inquiry that VA regulations and our caselaw already impose on the Board—namely to address all relevant matters raised in a veteran's case. The difference, I believe, is that under the plain language of § 4.16, adjudicators must account for how a disability affects a veteran's ability to work based on the evidence of record rather than a court-imposed set of factors. To reduce all conceivably relevant factors into a comprehensive, catch-all, definition effectively recasts the substance of the regulation into a creation of this Court; it converts an otherwise open-ended but straightforward inquiry of whether a veteran's disability is the proximate cause of his or her inability to work into something akin to a multi-point inspection evaluating a variety of factors whose relevance to any case is uncertain.
    I respectfully decline to join the section of Court's opinion defining "substantially gainful employment" as I believe that it goes beyond interpreting the text of a regulation drafted by a separate branch of government and instead grafts on substantive factors that do not derive from the regulation itself. To me, this falls closer to an exercise of legislative than judicial authority. Because courts possess no such legislative authority, we cannot impose on agencies our own notions of what laws and procedures we deem best. See Vermont Yankee Nuclear Power Corp. v. NRDC, Inc., 435 U.S. 519, 549 (1978).
     

    Tbird
    A TREAS 310 unexpected deposit into your checking account may be puzzling, usually, it is good news. Perhaps your VA disability compensation claim was granted, and the deposit made it to the bank before your letter arrived. It happens. To be on the safe side, wait for the letter confirming it. You can also call the VA at 800-827-1000. Or check e-Benefits. Once you log into e-Benefits, you can check your letters and see what percentage is listed.   A few of the codes labeled 310 on your US Government Check:   VACP is for VA disability compensation or pension payment. VAED is for GI Bill payments. IRS is from Internal Revenue Service
      Log Into e-Benefits to View Your Payment History   You Must File A Claim Before You See That VACP TREAS 310 Deposit   Retroactive Pay Can Be Life-Changing – Stop Hesitating and File!   After logging into e-Benefits you will see a menu   Veterans Disability Compensation Pension Benefits Education Benefits   For Survivors Survivors pension benefit Survivors’ and Dependents’ Educational Assistance (Chapter 35 benefits) Dependency and Indemnity Compensation (DIC) File for Disability Compensation with VA Form 21-526EZ - Click Here to Start Your Application Now!
    Don’t throw that money down the drain.
    Remember, if you were to win your claim, VA would pay you retroactively from the date you filed the claim. If you filed today and it took them two years to grant your claim, you would receive 24 months in retroactive pay, if you don’t file today, well, then, no soup for you. The longer you wait to file, the more money you lose. File A New Claim | File For An Increase | File For Secondary Condition
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    Tbird
    Looking for information on property tax exemptions for disabled veterans by state? We’ve got you covered. Click on any state below to find out whether or not they offer tax exemptions, and if not, you’ll be redirected to the veteran’s benefits page for that state. You can also view veteran statistics from the Census Bureau by clicking on the image next to the state name.
     


    Alabama
    Alabama Disabled Veteran Property Tax Exemptions
    Alabama Veterans Benefits

    Alaska
    Alaska Disabled Veteran Property Tax Exemptions
    Alaska Veterans Benefits

    Arizona
    Arizona Disabled Veteran Property Tax Exemptions
    Arizona Veterans Benefits
     

    Arkansas
    Arkansas Veterans Property Tax Exemption
    Arkansas Veterans Benefits
     
     

    California
    California Veterans Property Tax Exemption
    California Veterans Benefits
     

    Colorado
    Colorado Veterans Property Tax Exemption
    Colorado Veterans Benefits
     

    Connecticut 
    Connecticut Veterans Property Tax Exemption
    Connecticut Veterans Benefits
     
     
    Delaware
    There are currently no state-mandated property tax exemptions for disabled veterans in Delaware.
    Florida
    Basic Property Tax Exemptions Eligible resident veterans with a VA certified service-connected disability of 10 percent or greater shall be entitled to a $5,000 deduction on the assessment of their home for tax exemption purposes. The veteran must establish this exemption with the county tax official in the county in which he or she resides by providing documentation of this disability. The unremarried surviving spouse of a disabled ex-service member is also entitled to this exemption. (FS 196.24)
    Additional Property Tax Exemptions Any real estate owned and used as a homestead by a veteran, who was honorably discharged and has been certified as having a serviceconnected, permanent and total disability, is exempt from taxation if the veteran is a permanent resident of Florida and has legal title to the property on Jan. 1 of the tax year for which exemption is being claimed. (FS 196.081(1)) Any real estate owned and used as a homestead by the surviving spouse of an Armed Forces member who died from service-connected causes while on active duty is exempt from taxation if the member was a permanent resident of Florida on Jan. 1 of the year in which the member died. (FS 196.081(4)(a)) If, upon the death of the veteran, the spouse holds the legal or beneficial title to the homestead and permanently resides there, the exemption from taxation carries over to the benefit of the veteran’s spouse until such time as he or she remarries, sells, or otherwise disposes of the property. If the spouse sells the property, an exemption not to exceed the amount granted from the most recent ad valorem tax roll may be transferred to the new residence as long as it is used as the primary residence and the spouse does not remarry. (FS 196.081(3)) Any partially disabled veteran who is age 65 or older, any portion of whose disability was combat-related, and who was honorably discharged, may be eligible for a discount from the amount of ad valorem tax on the homestead commensurate with the percentage of the veteran’s permanent service-connected disability. Eligible veterans should apply for this benefit at the county property appraiser’s office. (FS 196.082) This exemption carry over to surviving spouses effective Jan. 1, 2021. Any real estate used and owned as a homestead by any quadriplegic is exempt from taxation. Veterans who are paraplegic, hemiplegic, or permanently and totally disabled who must use a wheelchair for mobility, or are legally blind, may be exempt from real estate taxation. Check with your local property appraiser to determine if gross annual household income qualifies. The veteran must be a resident of Florida. (FS 196.101) Service members entitled to homestead exemption in this state, and who are unable to file in person by reason of such service, may file through next of kin or a duly authorized representative. (FS 196.071) Disabled Veterans’ Exemption from Fees Total and permanently disabled Florida veterans are exempt from county and municipality building license or permit fees when making certain improvements to their residence in order to make the dwelling habitable or safe. Restrictions apply. (FS 295.16)
    Georgia
    Disabled Veteran or Surviving Spouse Any qualifying disabled veteran may be granted an exemption of $60,000 plus an additional sum from paying property taxes for county, municipal, and school purposes. The additional sum is determined according to an index rate set by United States Secretary of Veterans Affairs. The amount for 2019 is $85,645.The value of the property in excess of this exemption remains taxable. This exemption is extended to the unremarried surviving spouse or minor children as long as they continue to occupy the home as a residence. (O.C.G.A. § 48-5-48)
    Hawaii
    Tax exemptions on real property owned and occupied as a home by a totally disabled Veteran or their widow(er).  Tax exemptions on passenger cars when they are owned by totally disabled Veterans and subsidized by the Dept. of Veterans Affairs. This benefit varies by island.  Visit your local real property tax office for more information.
    Idaho
    A disabled veteran in Idaho may receive a property tax exemption on his/her primary residence if the veteran is 100 percent or more disabled as a result of service. The exemption amount is determined based on income.
    Illinois
    A qualified disabled veteran in Illinois with a disability of at least 30-50% will receive a $2,500 reduction in EAV; those with 50-70% can receive a $5,000 exemption, and those with 70% or more pay no property tax.
    Indiana
    A disabled veteran in Indiana may receive a property tax exemption of up to $37,440 on his/her primary residence depending on the percent of disability, age and length of service. If the veteran is 100 percent disabled or is 62 years old or older with at least a 10 percent disability as a result of service.
    Iowa
    This benefit reduces a veteran’s assessed home value for property tax purposes by $1,852. In order to qualify, a service member must have served on active duty during a period of war or for a minimum of 18 months during peacetime.
    Kansas
    A disabled veteran in Kansas may receive a property tax exemption on his/her primary residence if the veteran is 50 percent or more disabled as a result of service. The exemption amount is determined based on income.
    Kentucky
    If the application is based on the disability of the homeowner, then the homeowner must have been classified as totally disabled under a program authorized or administered by an agency of the United States government or any retirement system located within or outside of Kentucky.
    The homeowner must have been receiving payments pursuant to his or her disability for the entire assessment period.
    The homeowner must apply annually to continue to receive the exemption based upon a total disability, unless:
    They are a veteran of the United States Armed Forces and have a service connected disability;
    They have been determined to be totally and permanently disabled under the rules of the Social Security Administration; or
    They have been determined to be totally and permanently disabled under the rules of the Kentucky Retirement Systems.
    The value of the homestead exemption for the 2019-2020 assessment years is $39,300. This amount is deducted from the assessed value of the applicant’s home and property taxes are computed based upon the remaining assessment. For example, if the applicant’s residence is assessed at a value of $200,000, property taxes would be computed on $160,700 (200,000 – 39,300). The amount of the homestead exemption is recalculated every two years to adjust for inflation. The next adjustment will be effective for the 2021 and 2022 assessment years.
    Louisiana
    A disabled veteran in Louisiana may receive a property tax exemption of up to the first $150,000 of the assessed value of his/her primary residence if the veteran is 100 percent disabled as a result of service.
    Maine
    A disabled veteran in Maine may receive a property tax exemption of up to $6,000 on his/her primary residence if the veteran is 62 years or older or is 100 percent disabled.
    Maryland
    A disabled veteran in Maryland may receive a property tax exemption on his/her primary residence if the veteran is 100 percent disabled as a result of service. The exemption amount is determined by the Maryland Department of Veterans Affairs.
    Massachusetts
    A disabled veteran in Massachusetts may receive a property tax exemption on his/her primary residence of $400 if 10 percent disabled, $750 if the veteran lost the use of one hand, one foot or one eye, $1,250 if the veteran lost the use of both hands, both feet or a combination of the two, or if the veteran is blind in both eyes as a result of service. A veteran may receive a $1,000 exemption if 100 percent disabled as a result of service.
    Michigan
    A disabled veteran in Michigan may receive a full property tax exemption on his/her primary residence if the veteran is 100 percent disabled as a result of service.
    Minnesota
    A disabled veteran in Minnesota may receive a property tax exemption of up to $300,000 on his/her primary residence if the veteran is 100 percent disabled as result of service. Veterans with a disability rating of 70 percent or more may receive an exemption of up to $150,000.
    Mississippi
    Ad Valorem Taxes: Any Veteran having a service-connected total disability who has been honorably discharged from military service shall be exempt from all Ad Valorem taxes on the assessed value of homestead property and to extend such exemption to un-remarried surviving spouses of such Veterans. Miss. Code Ann., §27-33-75 and §27-33-67
    Missouri
    A disabled veteran in Missouri may receive a property tax exemption on his/her primary residence if the veteran is 100 percent disabled as a result of service.
    Montana
    A disabled veteran in Montana may receive a property tax exemption on his/her primary residence if the veteran is 100 percent disabled as a result of service. The exemption amount varies based on income and marital status, as determined by the Montana Department of Revenue.
    Nebraska
    The State of Nebraska offers both income and property tax benefits to qualifying veterans. These programs have more information on eligibility for each benefit. Homestead Exemption — Nebraska Homestead Exemption is a property tax relief program for qualifying homeowners, including veterans totally disabled by a service-connected accident or illness, qualified totally disabled veterans and their widows (er)s, and veterans whose home was substantially contributed to by the Department of Veterans Affairs and their widow(er)s. Partial Income Tax Exemption on Military Retirement Pay — Nebraska Department of Revenue offers two options to individuals who retire from the uniformed services of the US to exclude a portion of his or her income received as a military retirement benefit included in federal adjusted gross income. NOTE: Starting Tax Year 2022, military retirement pay is eligible for a 100% exemption. Servicemembers Civil Relief Act — The federal Servicemembers Civil Relief Act (SCRA) provides that compensation received by a servicemember from his or her uniformed service can be taxed only by the state in which the servicemember has his or her legal residence. Nevada
    A disabled veteran in Nevada may receive a property tax exemption of up to $20,000 of the assessed value of his/her primary residence if the veteran is 60 percent or more disabled as a result of service.
    New Hampshire
    A disabled veteran in New Hampshire may receive a full property tax exemption on his/her primary residence if the veteran is 100 percent disabled, has lost two or more limbs or is blind in both eyes as a result of service.
    New Jersey
    Property Tax Exemption / Deduction for Veterans If you are certified by the VA as a 100% permanent and total disabled veteran based on active duty service, you may qualify for an annual property tax. exemption. Disabled Veteran Exemption requires a 100 percent VA Certificate of Disability, DD-214 or equivalent, proof of ownership and legal residency. The exemption must be permanent and total. The property must be owned and occupied by the claimant and must be their legal residence in this state.
    An annual Veterans Property Tax Deduction up to $250 requires citizenship, state residency, active service in the U.S. Armed Forces during any of the 9. statutory periods listed on the DVSSE application form, honorable discharge,  property ownership, and the timely completion of an application. If living, the Veteran must own the property in whole or in part to qualify for the deduction. Under certain conditions, surviving spouses may also qualify for the exemption or deduction if all criteria are met. The surviving spouse qualifies if all criteria
    are met. Eligibility for the deduction is established as of October 1 of the pretax year. The application can be filed at the local tax assessor’s office with appropriate documentation.
    New Mexico
    A disabled veteran in New Mexico may receive a full property tax exemption on his/her primary residence if the veteran is 100 percent disabled as a result of service.New York
    A disabled veteran in New York may receive a property tax exemption on his/her primary residence. The exemption amount varies based on the type of service and disability, as determined by the New York State Division of Veterans Affairs.
    North Carolina
    A disabled veteran in North Carolina may receive a property tax exemption of up to the first $45,000 of the appraised value of his/her primary residence if the veteran is 100 percent disabled as a result of service.
    North Dakota
    A disabled veteran in North Dakota may receive a property tax exemption of up to the first $120,000 on his/her primary residence if the veteran is 50 percent or more disabled as a result of service.
    Ohio
    Homestead Exemption In order to qualify for the exemption, you must be a veteran of the armed forces of the United States, including reserve components thereof, or of the National Guard, who has been discharged or released from active duty under honorable conditions, and who has received a total disability rating (100%) or a total disability rating for compensation (100%) based on individual unemployability, for a service-connected disability or combination of service-connected disabilities. Visit your local county auditor to apply.
    Oklahoma
    A disabled veteran in Oklahoma may receive a full property tax exemption on his/her primary residence if the veteran is 100 percent disabled as a result of service.
    Oregon
    A disabled veteran or surviving spouse in Oregon may receive a property tax exemption on his/her primary residence if the veteran is 40 percent or more disabled as a result of service. The exemption amount varies annually according to income.
    Pennsylvania
    A disabled veteran in Pennsylvania may receive a property tax exemption on his/her primary residence if the veteran is 100 percent disabled as a result of service. The exemption amount varies.
    Rhode Island
    A disabled veteran in Rhode Island may receive a property tax exemption on his/her primary residence. The exemption amount varies based on the city and the value of the property.
    South Carolina
    Property Taxes – Homestead Exemption
    All persons who have been declared permanently and totally disabled by the Social Security Administration, U.S. Department of Veterans Affairs, or other state or federal agencies are eligible for a homestead exemption in an amount set by the General Assembly. This also applies to persons over age 65. For more information, contact your county and municipal tax offices.
    South Dakota
    A disabled veteran in South Dakota may receive a property tax exemption of up to $100,000 of his/her primary residence if the veteran is 100 percent disabled as a result of service.
    Tennessee
    To receive tax relief as a disabled veteran, one of the following categories must be met:
    1. A service-connected disability that resulted in:
    a) Paraplegia OR
    b) Permanent paralysis of both legs and lower part of the body resulting from traumatic injury or disease to the spinal cord or brain; OR
    c) Loss, or loss of use of, two (2) or more limbs; OR
    d) Legal blindness
    2. A service-connected permanent and total disability or disabilities, as determined by the United States Department of Veterans Affairs.
    3. A 100% total and permanent disability rating from being a prisoner of war.
    4. Must own and use the property as the primary residence. The maximum market value on which tax relief is calculated is $175,000.
    For more information on the changes to the Property Tax Relief Program, read Public Chapter No. 1065.
    To apply for this benefit, please contact the County Trustee’s office in your county. Use the Tennessee Trustee website to find your County Trustee contact information.
    Texas
    Total property tax exemption for 100% disabled veterans and their surviving spouses.
    Veterans with 10 – 90% VA disability can get a reduction of their home’s’ assessed value from $5,000 – $12,000 depending on disability percentage. Surviving spouses also qualify.
    Some counties offer homestead tax exemptions for veterans.
    Utah
    A disabled veteran in Utah may receive a property tax exemption on his/her primary residence if the veteran is 10 percent or more disabled as a result of service. A veteran that is 100 percent disabled may receive an exemption of $244,064. A veteran that is 50 percent disabled may receive an exemption of $122,032, while a veteran that is 10 percent disabled may receive an exemption of $24,406.
    Vermont
    The following are eligible for the exemption:
    Veterans receiving Disability Compensation at a rating of 50% or higher Veterans receiving Non-Service Connected Pension (also called Improved Pension) Veterans collecting permanent military retirement pay for a medical military retirement Surviving spouses of veterans who had received the exemption (surviving spouses may also be eligible for Dependency and Indemnity Compensation or Death Pension)   Application The exemption level varies from town to town. State law mandates a minimum $10,000 exemption, although towns are given the option of increasing the exemption to $40,000. The exemption reduces the appraised value of the home prior to the assessment of taxes. For example An eligible veteran lives in a home valued at $200,000. The veteran’s town provides a $20,000 exemption. The veteran’s home will be taxed at $180,000. Veterans who would like to have their town increase their exemption must go through their town’s local procedures for having a measure placed on an election ballot for town voters to consider.
    The exemption only applies to homes that are owned by the veteran or survivor; and is the primary residence.  Veterans or survivors who rent their homes can not pass this exemption on to their landlord.
    To receive the exemption, the veteran must provide proof of eligibility to the Vermont Office of Veterans Affairs. Most veterans will have to provide proof of eligibility every year before May 1st. Veterans who are determined to be totally and permanently disabled only have to provide proof of eligibility the first year they use the benefit for a home (if they move to a new home in a different town, they will have to provide proof of eligibility again). They also must provide proof of eligibility by May 1st.
    Proof of eligibility is provided by the U.S. Department of Veterans Affairs (VA). Our recommendation is to call the VA no later than April 1st to request this documentation. The proof of eligibility may also be obtained through benefits
    Virginia
    A disabled veteran in Virginia may receive a full property tax exemption on his/her primary residence if the veteran is 100 percent disabled as a result of service.
    Washington
    A disabled veteran in Washington may receive a property tax exemption on his/her primary residence if the veteran is 100 percent disabled as a result of service. The exemption amount is based on income, as determined by the Washington State Department of Veterans Affairs.
    West Virginia
    A 100 percent disabled veteran or any veteran over the age of 65 is exempted from paying the taxes on the first $20,000 of assessed value on a self-occupied property.
    Wisconsin
    A disabled veteran in Wisconsin may receive a property tax exemption on his/her primary residence if the veteran is 100 percent disabled as a result of service. The exemption amount varies.
    Wyoming
    A disabled veteran in Wyoming may receive a property tax exemption of $3,000 of the assessed value of his/her primary residence if the veteran was disabled as a result of service.
     
     














































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    Tbird
    The Reasonable Doubt rule is one of the most important liberalizing rules that the VA uses to grant veterans benefits and is defined under 38 CFR, §3.102. The Reasonable Doubt rule means that when there is an equal balance of evidence for and against the claimant, the claimant is awarded their claim. This is like in baseball, as the “tie goes to the runner.” Keep in mind this doesn’t mean that just because there are ten pieces of evidence for your claim and ten against that, you will be granted your claim. It means that after consideration by the decision maker at VA, they have weighed the evidence, and there is an equal balance in their judgment. They must resolve reasonable doubt in the claimant’s favor. It also doesn’t mean that if, for example, there are five pieces of evidence in favor of a claim and only one against it, a claim will automatically be granted because there is a preponderance of the evidence (meaning more evidence in favor of the claim than against) in your favor. The decision maker must still weigh the probative value of each piece of evidence determine the weight of each piece in relationship to each other and the claim, and then decide whether there is a balance of evidence for the claim and against the claim based on the weight given to each of that evidence.
    Note: The resolution of the Reasonable Doubt doctrine can not be the basis for a Clear and Unmistakable Error (CUE). Since the Reasonable Doubt doctrine is based on Judgment made by a decision maker, it cannot be a basis for a CUE.
    https://www.hadit.com/wp-content/uploads/2017/10/benefit-of-the-doubt-scaled.jpeg
    Independent Medical Opinions by Your Private Physician
    An Independent Medical Opinion (IMO) from a treating physician is often a critical part of a veteran’s disability compensation claim. An IMO may sway the “benefit of the doubt” in favor of a veteran’s claim, or it may be the missing ‘link’ or nexus in a claim. When a veteran asks his or her physician to compose an IMO, a couple of things should be noted. One of the most important things that should be done and mentioned in the IMO is that the medical professional has reviewed the entire medical record, including the veteran’s SMRs. The medical professional should also state his or her expertise and additional training.
    “is due to” (100% sure) “more likely than not” (greater than 50%) “at least as likely as not” (equal to or greater than 50%) “not at least as likely as not” (less than 50%) “is not due to” (0%) The phrase “at least as likely as not” is the legal phrase that is needed for the VA to award service connection for a particular disability based on the “Benefit of the Doubt” when an IMO should be the deciding factor in the evidence of record.
    For example, if the doctor is board-certified in radiology, they should state that, especially when rendering any comments regarding radiological film studies. Also, the physician must give their rationale as to why they have reached a certain conclusion. When giving his/her rationale, the physician should also cite any relevant medical literature that may support the findings. By doing all of this, the IMO becomes probative. There is also certain language the physician needs to use when opining whether or not the disability(ies) at hand is/are related to the veteran’s service.

    Tbird
    Average Time to Complete VA Disability Claim 114.1 Days 
    The average number of days to complete disability-related claims in November 2023
    (The latest wait times here)
    How long before I see an update on my VA Claim Status?
    The timeline for how long it takes to update VA.gov after a VA claim is closed will vary depending on the types of claims and processes involved.
    If you win your VA claim, retroactive pay can sometimes appear in your account before you receive a decision letter.
     
    Trending VACP TREAS 310 Deposit? What Is It? Good News?
    Sometimes
    If you win your claim, the retroactive pay can show up in your account before you get the decision letter from the VA. VA.gov is updated before you receive the decision letter. The decision doesn’t always come in a BBE Big Brown Envelope; sometimes it’s white. Factors That May Affect Processing Time
    Several factors contribute to the varying timelines for updating VA disability claims status on VA.gov:
    The complexity of the Claim: The complexity of the disability claim plays a significant role in determining how long it takes to update the status. Claims involving multiple medical conditions, complex documentation, or appeals may take longer to process due to the need for a thorough review. Supporting Documentation: The speed at which you provide necessary supporting documentation can impact the processing time. Ensuring that all required medical records, service records, and other relevant documents are accurately uploaded can expedite the assessment. Type of Claim: The filed or updated claim can influence processing time. Initial claims, claims for increased compensation, appeals, and requests for re-evaluation might have different processing timelines. Backlog and Workload: The VA’s workload and any potential backlog in processing claims can cause delays. High volumes of claims being processed at a given time might extend the processing time for individual claims. Medical Reviews: In cases where medical evidence is required, obtaining necessary reviews or opinions from medical professionals can introduce additional time into the process. Appeals and Reconsiderations: If you’re appealing a decision or requesting a reconsideration, these steps often involve additional reviews, which can lengthen the time it takes to update the claim status.

    Tbird
    The VA disability claims process can often be complex and overwhelming for veterans. However, understanding this process is crucial for veterans to access the compensation they deserve. In this comprehensive guide, we will delve into the world of VA disability benefits, including the types of compensation available, the importance of legal representation, and insights into the claims process. By the end of this post, you will have gained valuable knowledge to navigate the complexities of VA disability claims and maximize your entitled benefits.
    VA Disability Claims Process
    The VA disability claims process can be broken down into several key steps. Each step plays a crucial role in determining the success of a claim and the amount of compensation a veteran may receive.
    Eligibility Criteria
    Before diving into the claims process, it is essential to understand the eligibility requirements for VA disability benefits.
    You have a current illness or injury (known as a condition) that affects your mind or body, and You served on active duty, active duty for training, or inactive duty training And at least one of these must be true:
    You got sick or injured while serving in the military—and can link this condition to your illness or injury (called an in-service disability claim) or You had an illness or injury before you joined the military—and serving made it worse (called a pre-service disability claim), or You have a disability related to your active-duty service that didn't appear until after you ended your service (called a post-service disability claim) Read More about VA Disability Eligibility Here
    Required Documentation
    One of the most critical aspects of a successful VA disability claim is gathering and submitting the necessary documentation. This includes medical records, service records, and any other relevant evidence. The importance of thorough documentation cannot be overstated, as it serves as the foundation for establishing the connection between disability and military service.
    According to the VA’s Website
    You can support your VA disability claim by providing these documents:
    VA medical records and hospital records. These could relate to your claimed illnesses or injuries or they could show that your rated disability has gotten worse. Private medical records and hospital reports. These could relate to your claimed illnesses or injuries or they could show that your disability has gotten worse. Supporting statements. These could be from family members, friends, clergy members, law enforcement personnel, or people you served with. These statements could tell us more about your claimed condition and how and when it happened or how it got worse. Depending on the type of claim you file, you may gather supporting documents yourself, or you can ask for our help to gather evidence.
    Learn more about the evidence the VA will need for your claim
    VA will also review your discharge papers (DD214 or other separation documents) and service treatment records.
    Related Reading How to Document Your VA Disability Claim: Reviewing Your Service Medical Records
    Application Process
    Filing a VA disability claim requires completing a detailed application. This step can be overwhelming, but following a step-by-step guide can help veterans navigate the process accurately and efficiently. Providing accurate and comprehensive information is essential to increase the chances of a successful claim.
    Steps to claim a
    new condition or secondary condition or for an increase in your disability compensation Prepare
    When you file a disability claim, you can provide evidence to support your claim. Evidence could include: VA medical records and hospital records that relate to your claimed condition or that show your rated disability has gotten worse. Private medical records and hospital reports that relate to your claimed condition or that show your disability has gotten worse. Supporting statements from family, friends, coworkers, clergy, or law enforcement personnel with knowledge about how and when your disability happened or how it got worse Sometimes, you may need to turn in one or more additional forms to support your disability claim. For example, you’ll need to fill out another form to claim a dependent or apply for aid and attendance benefits. Learn what additional forms you may need to file with your disability claim. What if I need help with my application?
    Suppose you need help filing a disability claim. In that case, you can contact a VA regional office and ask to speak to a counselor. To find the nearest regional office, please call 800-827-1000. An accredited representative, like a Veterans Service Officer (VSO), can help you fill out your claim. Get help filing your claim. Disability ratings
    For each disability, the VA will assign a rating from 0% to 100%. VA bases this rating on the evidence you turn in with your claim. Sometimes, they may also ask you to have an exam to help them rate your disability. Before filing a claim for an increase, you might want to see if you already receive the maximum disability rating for your condition. Apply
    Complete this disability compensation benefits form. After submitting the form, you’ll get a confirmation message. You can print this for your records. VA review
    VA will process applications in the order they receive them. The time it takes to process your claim depends on how many injuries or disabilities you claim and how long it takes the VA to gather the evidence needed to decide your claim. Decision
    Once they have processed your claim, you’ll get a notice in the mail with their decision.
    Factors that affect the time it takes to review your claim:
    The type of claim you filed How many injuries or disabilities have you claimed, and how complex they are How long it takes VA to collect the evidence they need to decide your claim
    Medical Examinations
    Medical examinations called Compensation and Pension Exams, play a crucial role in the VA disability claims process. These examinations are conducted by medical professionals to evaluate the severity and impact of the disability. Attending these examinations is mandatory and preparing adequately can significantly impact the outcome of a claim.
    You can have your doctor fill out a  Disability Benefits Questionnaire to submit medical evidence from your health care providers. This information helps to support your claims for disability benefits. Please have your healthcare provider fill out and submit the appropriate forms for your claimed conditions.
    Rating and Compensation
    Once a disability claim has been approved, it is assigned a disability rating. The disability rating determines the level of compensation a veteran is entitled to receive. Understanding the rating process and how compensation is determined based on the disability rating is essential for veterans seeking maximum benefits.
    What percentage you will receive is based on law, specifically 38 CFR 4 (B). It’s dry reading as is all law, but read it anyway. It will show your disability and then it will show a matrix that shows what level of disability dictates what percentage you will receive.
    Appeals Process
    In some cases, a disability claim may be denied or receive a lower rating than expected. When this happens, veterans have the option to appeal the decision. Navigating the appeals process can be challenging, but understanding the steps involved and implementing effective strategies can significantly increase the chances of a successful appeal.
    Legal Assistance
    If your claim is denied, you may hire a lawyer. We recommend looking through the National Organization of Veterans Advocates site for a lawyer. Seeking legal representation for VA disability claims can greatly enhance the chances of a successful claim. Attorneys specializing in VA disability claims have extensive knowledge and experience navigating the complexities of the claims process. They can provide valuable guidance, gather supporting evidence, and present a compelling case on behalf of the veteran.
    Conclusion
    Navigating the VA disability claims process is crucial for veterans to access the compensation they deserve. By understanding the eligibility criteria, gathering the necessary documentation, and following the step-by-step application process, veterans can increase their chances of a successful claim. Additionally, seeking legal assistance can enhance the chances of a positive outcome. Remember, you are not alone in this process, and there are resources available to support you. Pursue your VA disability claim with confidence, knowing that you have the knowledge and tools to maximize your entitled benefits.


    Tbird
    Eligibility for VA Health Care
    You may be eligible for VA health care benefits if you served in the active military, naval, or air service and didn’t receive a dishonorable discharge.
    If you enlisted after September 7, 1980, or entered active duty after October 16, 1981. Unless any of the descriptions below are true, you must have served 24 continuous months or the entire period the government called you to active duty. This minimum duty requirement may not apply if any of these are true: You were discharged for a disability that was caused—or made worse—by your active-duty service or You were discharged for a hardship or “early out” or You served before September 7, 1980. Read More

    Tbird
    The 5, 10, 20-year rules...   Five-Year Rule  The five-year rule states that the VA can’t reduce a veteran’s disability that’s been in place for five years unless the condition improves over time on a sustained basis. The veteran will likely need to present medical evidence to prove the material improvement of their condition. Hill and Ponton The VA Disability Five-Year Rule: What Veterans Need to Know
    The VA Disability Five-Year Rule, which requires the VA to periodically re-evaluate veterans with certain types of disabilities, can have several effects on veterans. One potential effect of the Five-Year Rule is that a veteran’s disability rating may be adjusted based on the results of the re-evaluation. If the VA determines that a veteran’s condition has improved, their disability rating may be reduced, which could result in a decrease in their compensation. On the other hand, if the VA determines that a veteran’s condition has worsened, their disability rating may be increased, which could result in an increase in their compensation. Hill and Ponton   For clarity on the 5-year rule: This says the VBA must have proof of sustained improvement. An example might be when a Veteran has a mental health condition yet does not go to a psychologist/psychiatrist. Or if the Veteran never has his service-connected back status noted in the current medical records. Those situations would suggest a sustained improvement because the Veteran did not seek treatment or therapy or at a minimum get a current status noted in the medical records.   Ten-Year Rule 38CFR3.957 Service connection Ten-Year Rule.
    Service connection for any disability or death granted or continued under title 38 U.S.C., which has been in effect for 10 or more years will not be severed except upon a showing that the original grant was based on fraud or it is clearly shown from military records that the person concerned did not have the requisite service or character of discharge. The 10-year period will be computed from the effective date of the Department of Veterans Affairs finding of service connection to the effective date of the rating decision severing service connection, after compliance with § 3.105(d). The protection afforded in this section extends to claims for dependency and indemnity compensation or death compensation.
      Twenty-Year Rule 38CFR3.951 Preservation of disability ratings Twenty-Year Rule.
    (a) A readjustment to the Schedule for Rating Disabilities shall not be grounds for reduction of a disability rating in effect on the date of the readjustment unless medical evidence establishes that the disability to be evaluated has actually improved. 
    (Authority: 38 U.S.C. 1155)
    (b) A disability that has been continuously rated at or above any evaluation of disability for 20 or more years for compensation purposes under laws administered by the Department of Veterans Affairs will not be reduced to less than such evaluation except upon a showing that such rating was based on fraud. Likewise, a rating of permanent total disability for pension purposes which has been in force for 20 or more years will not be reduced except upon a showing that the rating was based on fraud. The 20-year period will be computed from the effective date of the evaluation to the effective date of reduction of evaluation. 
    Reference:  For more information on protection resulting from retroactive increases, see VAOPGCPREC 68-1991.
      NOTE: The service connection can be removed until a percentage is in place for 10 years. After that, the service connection is protected.   Example for 2020 using the same disability rating   1998 - Initially Service Connected @ 10% RESULT: Service Connection Protected in 2008 RESULT: 10% Protected from reduction in 2018 (20 years) 2020 - Service Connection Increased @ 30% RESULT: 30% is Protected from reduction in 2040 (20 years) 2022 - Service Connection Increased @ 50% RESULT: 50% is Protected from reduction in 2042 (20 years) ------- The second example for 2020:   Example of protected percentages: • A Veteran gets awarded @ 30% in 1991. • The Veteran files for an increase and is awarded 70% in 2004. • The Veteran files for and is awarded TDIU status in 2005. --------- RESULT: In 2001 (10 years), the condition's service connection is protected. RESULT: In 2011 (20 years), the 30% is protected from reduction (except for fraud). RESULT: In 2024 (20 years), the 70% is protected from reduction. RESULT: In 2025 (20 years), the TDIU will no longer be monitored yearly for income and is protected from reduction. In addition, the Veteran is automatically P&T.  

    Tbird
    Reviewing your service medical records. Whether your records are PDF or paper this system will work. The information below is written as if the service medical records were paper, however, you can just substitute the electric version for any suggestions I make below.
    This work and it is work, can produce a lot of anxiety. Take Breaks. Below is my system for going through service medical records. I hope you find it helpful.
    The first thing I do after receiving a service medical record is number each page when I get to the end I go back and add 1 of 100 and so on. Second I then make a copy of the service medical records on a different color paper, yellow or buff something easy to read, but it will distinguish it from the original. I then put the original away and worked off the copy. Now if you know the specific date it’s fairly easy to find the information. If on the other hand, you don’t know specifically or you had symptoms leading up to it. Well, this may take some detective work and so Watson the game is afoot. Let’s say it’s Irritable Bowel Syndrome (your diagnosis)
    I would start page by page from page 1 if the first thing I run across an entry that supports my claim for IBS is on page 10, I number it #1, Bracket it in Red, and then on a separate piece of paper, I start to compile my medical evidence index. So I would write Page 10 #1 and a summary of the evidence, do this as you go through all your medical records and when you are finished you will have an index and an easy way to find your evidence.
    Study your diagnosis symptoms and look them up.
    Check common medications for your IBS (your diagnosis) and look for the symptoms noted in your evidence that seem to point to IBS (your diagnosis), if your doctor prescribes meds for IBS (your diagnosis), treats it as IBS but doesn't diagnose it as such you can use that as evidence also.
    Also, check to see if you have any symptoms related to your prescriptions that can be a secondary disability.
    38 CFR 3.1(D) Veteran means a person who served in the active military, naval, or air service and who was discharged or released under conditions other than dishonorable. There’s more so make sure to read the regulations.
    Were you diagnosed with an illness/injury in the service? Is your current diagnosis and/or for that problem? Was it documented in your service medical record? Do you currently have a diagnosis that you think is related to your service? Do you currently have a diagnosis, that though existed before service was aggravated by an illness/injury in service? Can you link the aggravation to the illness/Injury in the service? Information may be in your:
    Service Medical Records Hospital Records (Generally not included in Service Medical Records and may require on FOIA directly to that hospital.) Performance Reports After Action Reports Journals Letters Home Conversations with buddies Incident Reports you were involved in or witnessed TIP: Also you can have a rubber stamp made with your full name social security number and address use this stamp at the bottom or top of each page you submit to Veterans Affairs if it gets lost it will be easy to see which page goes to which claim.
    Best Practices
    Have a diagnosis from a doctor before applying for a claim, depending on what your claim is for the diagnosis may have to be from a Veterans Affairs doctor.

    Request a copy of your service medical records. Requesting a copy of your Service Medical Records
    If you have had a previous claim, request a copy of your claims folder. How to request a copy of your c-file (claims folder)
     

    Tbird
    VA disability is a complex subject, one that can be difficult to understand. It's important to remember that all veterans are entitled to certain benefits, depending on their disability status.
    VA disability can be broken down into three categories: 
    service-connected,  non-service-connected, and  unemployability.  Service-connected disabilities are those disabilities caused by service in the military, such as post-traumatic stress disorder (PTSD), hearing loss, or a traumatic brain injury. 
    Non-service-connected disabilities are those not caused by military service, such as degenerative joint disease or chronic pain. 
    And lastly, unemployability means a veteran is unable to work due to their disability. You will hear the term extra-schedular, Unemployability is an extra-schedular rating.
    Claims for VA disability can be extremely complicated, and veterans should never feel guilty for needing help. When submitting a claim, veterans should include all necessary documentation and forms and thoroughly describe the disability. It's also important for veterans to remain as organized as possible and keep track of all documents and communication with the VA. 
    Finally, veterans should be aware of their advocacy options, such as working with veterans organizations or a VA-accredited attorney, to ensure their claim is handled properly.
    Overall, VA disability can be a confusing and intimidating process. However, with the right information and resources, veterans can confidently navigate the system and access the benefits they are entitled to. By breaking down the stigma of VA disability, we can ensure veterans get the support they need.

    Tbird
    VA disability is a complex subject, one that can be difficult to understand. It's important to remember that all veterans are entitled to certain benefits, depending on their disability status.
    VA disability can be broken down into three categories: 
    service-connected,  non-service-connected, and  unemployability.  Service-connected disabilities are those disabilities caused by service in the military, such as post-traumatic stress disorder (PTSD), hearing loss, or a traumatic brain injury. 
    Non-service-connected disabilities are those not caused by military service, such as degenerative joint disease or chronic pain. 
    And lastly, unemployability means a veteran is unable to work due to their disability. You will hear the term extra-schedular, Unemployability is an extra-schedular rating.

    Claims for VA disability can be extremely complicated, and veterans should never feel guilty for needing help. When submitting a claim, veterans should include all necessary documentation and forms and thoroughly describe the disability. It's also important for veterans to remain as organized as possible and keep track of all documents and communication with the VA. 
    Finally, veterans should be aware of their advocacy options, such as working with veterans organizations or a VA-accredited attorney, to ensure their claim is handled properly.
    Overall, VA disability can be a confusing and intimidating process. However, with the right information and resources, veterans can confidently navigate the system and access the benefits they are entitled to. By breaking down the stigma of VA disability, we can ensure veterans get the support they need.


    Tbird
    You may be eligible for the Veterans Pension program if you meet these requirements.
    Both of these must be true:
    You didn't receive a dishonorable discharge, and Your yearly family income and net worth meet certain limits set by Congress. Your net worth includes all personal property you own (except your house, car, and most home furnishings) minus any debt you owe. Your net worth consists of the net worth of your spouse. Find out about Veteran's Pension rates. And at least one of these must be true about your service:
    You started on active duty before September 8, 1980, and you served at least 90 days on active duty with at least 1 day during wartime, or You started on active duty as an enlisted person after September 7, 1980, and served at least 24 months or the entire period for which you were called or ordered to active duty (with some exceptions) with at least 1 day during wartime or You were an officer and started active duty after October 16, 1981. You hadn't previously served on active duty for at least 24 months. NOTE: Under current law, VA recognizes the following wartime periods to decide eligibility for VA pension benefits: Mexican Border period (May 9, 1916, to April 5, 1917, for Veterans who served in Mexico, on its borders, or in adjacent waters) World War I (April 6, 1917, to November 11, 1918) World War II (December 7, 1941, to December 31, 1946) Korean conflict (June 27, 1950, to January 31, 1955) Vietnam War era (November 1, 1955, to May 7, 1975, for Veterans who served in the Republic of Vietnam during that period. August 5, 1964, to May 7, 1975, for Veterans who served outside the Republic of Vietnam.) Gulf War (August 2, 1990, through a future date to be set by law or presidential proclamation) And at least one of these must be true:
    You're at least 65 years old, or You have a permanent and total disability or You're a patient in a nursing home for long-term care because of a disability or You're getting Social Security Disability Insurance or Supplemental Security Income

    Tbird
    You’re eligible to apply for VR&E (formerly Voc Rehab) benefits and services if you meet both of these requirements: 
    All of these must be true:
    You didn’t receive a dishonorable discharge, and You have a service-connected disability rating of at least 10% from the VA When we receive your VR&E application, we’ll schedule your initial evaluation with a Vocational Rehabilitation Counselor (VRC). The VRC will determine if you can receive VR&E benefits and services.  
    If you were discharged from active duty before January 1, 2013, your basic period of eligibility ends 12 years from one of these dates, whichever comes later:
    The date you received notice of your date of separation from active duty or The date you received your first VA service-connected disability rating The basic eligibility period may be extended if a VRC finds that you have a serious employment handicap (SEH). Having an SEH means your service-connected disability significantly limits your ability to prepare for, obtain, and maintain suitable employment (a job that doesn’t make your disability worse, is stable, and matches your abilities, aptitudes, and interests).
    If you were discharged from active duty on or after January 1, 2013, the 12-year basic eligibility period doesn’t apply to you. There’s no time limit on your eligibility.
    Read More

    Tbird
    Eligibility for VA Disability Benefits
    You may be eligible for VA disability benefits or compensation if you meet both requirements:
    You have a current illness or injury (known as a condition) that affects your mind or body, and You served on active duty, active duty for training, or inactive duty training And at least one of these must be true:
    You got sick or injured while serving in the military—and can link this condition to your illness or injury (called an in-service disability claim) or You had an illness or injury before you joined the military—and serving made it worse (called a pre-service disability claim), or You have a disability related to your active-duty service that didn't appear until after you ended your service (called a post-service disability claim) Presumptive conditions
    The VA will automatically assume (or "presume") that your service caused your condition for some conditions. VA calls these presumptive conditions.
    If you have a presumptive condition, you don't need to prove that your service caused the condition. You only need to meet the service requirements for the presumption.
    Find out more about these categories of presumptive conditions:
    A chronic (long-lasting) illness that appears within one year after discharge An illness caused by contact with contaminants (toxic chemicals) or other hazardous materials An illness caused by your time spent as a prisoner of war (POW) The PACT Act expands benefit access for Veterans exposed to burn pits and other toxic substances.
    The PACT Act is a new law that expands access to VA health care and benefits for Veterans exposed to burn pits and other toxic substances. This law helps the VA provide generations of Veterans—and their survivors—with the care and benefits they've earned and deserve. Learn how the PACT Act may affect your VA benefits and care.

    Tbird
    5 Year VA Year Rating Protection
    The five-year rule states that the VA can’t reduce a veteran’s disability that’s been in place for five years unless the condition improves over time on a sustained basis. The veteran will likely need to present medical evidence to prove the material improvement of their condition. Hill and Ponton

    Tbird
    The wait begins for many of us as soon as we start considering filing a claim. For others, it begins when they file a claim or talk to a service officer.
    Don't let the wait for your claim become the weight that you carry.
    The wait then becomes the weight, and there it sits on you. The wait is damn near unbearable for many, exacerbating many of our symptoms. Don't even get me started on "triggers."
    I say, "Don't Let Being A Waiter Turn You Into A Hater," for your protection.
    The VA will piss you off sometimes routinely, sometimes randomly. I truly believe they could piss off the Pope. You can get a hate on that may last for days. This is unhealthy for you and is no way to fight a battle. Hey, don't get me wrong, I've been there, and I believe there's nothing wrong with justifiable outrage heck that helped spur me to create HadIt.com. So work hard not to carry that anger/hate with you daily. It will eat away and weaken you, and you need your strength.
    If someone pisses you off at the VA: You can get angry, not belligerent, not combative. Just let the emotion fade from the incident as soon as you can. It depletes your resources and your strength. You will need both for bigger battles.
    Don't have a blog. It's easy to start and free, you can start one right here at HadIt.com, and there, ladies and gents, is where you can express yourself. You can stay calm and pay attention to everything that is said, who says it, and why it makes you angry as you plan your blog post for later that day.
    Another Tip that helps me.
    When waiting and waiting and waiting at the VA, I think, "I like pie." Then I carry on a conversation in my head about all the different pies I like. For some reason, when I think about pie, it seems to lower my blood pressure.
    VA Backlog/Inventory Links
    VA Claims Inventory VA Claims Backlog

    Tbird
    VA Disability Law, Manuals, etc.
    VA Law – VA Disability claims are governed by law. You may want to bookmark this page as a reference as you proceed with your claim. It can be a bit daunting. 
    Just remember, the U.S.C. is the law, the C.F.R. is how they interpret the law, and last but certainly not least is the V.A. adjudication manuals, which is how they apply the law. 
    The law's section covering veterans' benefits is Title 38 in the U.S.C. The C.F.R. is usually written 38 C.F.R. or something similar.
    C.F.R. Code of Federal Regulations 
    The C.F.R. is the interpretation of the law. VA Manuals
    Manuals take the interpretation of the law from the Code of Federal Regulations and tell the VA how to apply the law. U.S.C. United States Code 
    United States Code is the law, and the U.S.C. is the government’s official copy of the code. Compensation and Pension M21-1 Adjudication Procedures Manual
     M21-1 Resources  Part 01 (Part I). Claimants' Rights and Claims Processing Centers and Programs  Part 02 (Part II). Intake, Claims Establishment, Jurisdiction, and File Maintenance  Part 03 (Part III). The Development Process  Part 04 (Part IV). Examinations  Part 05 (Part V). The Rating Process  Part 06 (Part VI). The Authorization Process  Part 07 (Part VII). Dependency  Part 08 (Part VIII). Special Compensation Issues  Part 09 (Part IX). Pension, Survivors' Pension, and Parents' Dependency and Indemnity Compensation (DIC)  Part 10 (Part X). Benefits Administration and Oversight  Part 11 (Part XI). Notice of Death, Benefits Payable at Death, and Burial Benefits  Part 12 (Part XII). Dependency and Indemnity Compensation (DIC) and Other Survivor's Benefits (Excluding Survivor's Pension)  Part 13 (Part XIII). Eligibility Determinations and Information Sharing for Other Benefits  Part 14 (Part XIV). Matching Programs  VA Changes By Date  VA Memo of Major Changes Further reading on the law from Guide to Law from the Library of Congress
    Constitution Executive Judicial Legislative States Legal Guides General Sources U.S. Code
    United States Code (U.S. House of Representatives, Office of the Law Revision Counsel) offers introductory material to the Code, a search feature, and the option to browse the current and previous editions (1995 to present). Download the United States Code United States Code Classification Tables – sorted by Congress, then by either Public Law or U.S. Code section; includes prior tables extending to 1995 Popular Name Tool: an alphabetical list of popular and statutory names of Acts of Congress United States Code (Law Library of Congress) 1925-1988 edition (with supplements) In Custodia Legis: The United States Code Online – Downloadable XML Files and More (Law Library of Congress) explaining the new features of the U.S. House Office of the Law Revision Counsel site. United States Code (U.S. Government Publishing Office, FDsys) provides a search engine for searching editions of the code from 1994 to present United States Code (Cornell Legal Information Institute) provides an updated interface to the U.S. Code, with links to notes and legislative activity through THOMAS, various search options, and a popular name table. Statutes at Large
    The United States Statutes at Large is the collection of every public and private law ever enacted by Congress, published in order of the date of its passage. These laws are codified every six years in the United States Code, but the Statutes at Large remains the official source of legislation. 
    United States Statutes at Large About this Collection  |  United States Statutes at Large  |  Digital Collections  |  Library of Congress
    Public Laws
    United States Public Laws History of Line Item Veto Notices Congress.gov: Browse U.S. Legislation: Laws Access to Public Law See Also
    United States Statutes and the United States Code: Historical Outlines, Notes, Lists, Tables, and Sources  More
    Failure to Submit to Medical Examination–Insistence on the Presence of an Attorney and Use of a Recording Device
    Challenging Your C&P Exam
     

    Tbird
    The Honoring American Veterans in Extreme Need Act of 2018 (“HAVEN Act”) provides disabled military veterans and their families with greater protections in bankruptcy proceedings by allowing the exclusion of Department of Veteran’s Affairs (VA) and Department of Defense Disability payments from the calculation when doing means testing and disposable income calculations.  The Haven Act places military disability benefits in the same protected category as Social Security Disability Benefits. 
    Note:  Benefits to current service members may still be included.  For example, monthly special compensation from the Department of Defense (DOD), and retirement pay for people on the temporary disability list.
    Chapter 7 Applicability Veterans or their family members should exclude income covered by the Act from the calculation of CMI under Chapter 7.   Chapter 13 Applicability Veterans or their family members should exclude income covered by the Act from the calculation of CMI, which may affect the determination of projected disposable income available under a Chapter 13 Plan. haven-act-bankruptcy-protection-for-va-disability-compensation.pdf
     

    Tbird
    This is a great deal at no cost to you. I encourage you to take advantage if only for the LinkedIn Learning courses. They are excellent and the topics are endless. Learning something new at no cost to you.
    In collaboration with SheerID, LinkedIn offers eligible members of the U.S. military community one year of access to LinkedIn Premium. You’ll also get unlimited access to more than 10,000 courses through our LinkedIn Learning platform as a part of the program.
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    Tbird
    VA Disability Basic Rates for 2024
    2024 VA Disability Compensation Rate COLA Increase: The 3.2 percent cost-of-living adjustment (COLA) will begin with benefits payable to Social Security beneficiaries and veterans receiving VA Disability Compensation in January 2024. Source: VA Disability Rates
    Compensation rates for Veterans with a 10% to 20% disability rating.   Effective Date 12/01/2023   Note: If you have a 10% to 20% disability rating, you won’t receive a higher rate even if you have a dependent spouse, child, or parent.   These are the basic rates for rates with dependents click here.   VA Disability Rates 10% to 20% Rating Disability rating Monthly payment (in U.S. $) 10%   171.23 20%   338.49 VA Disability Rates 30% to 60% Rating     Dependent status 30% disability rating (in U.S. $) 40% disability rating (in U.S. $) 50% disability rating (in U.S. $) 60% disability rating (in U.S. $)   Veteran alone (no dependents)     524.31     755.28     1,075.16     1,361.88   With spouse (no parents or children)     586.31     838.28     1,179.16     1,486.88   With spouse and 1 parent (no children)     636.31     904.28     1,262.16     1,586.88           With spouse and 2 parents (no children)     686.31     970.28     1,345.16     1,686.88   With 1 parent (no spouse or children)       574.31       821.28       1,158.16       1,461.88   With 2 parents (no spouse or children)       624.31       887.28       1,241.16       1,561.88   VA Disability Rates 70% to 100% Rating     Dependent status 70% disability rating (in U.S. $) 80% disability rating (in U.S. $) 90% disability rating (in U.S. $) 100% disability rating (in U.S. $)   Veteran alone (no dependents)     1,716.28     1,995.01     2,241.91     3,737.85   With spouse (no parents or children)     1,861.28     2,161.01     2,428.91     3,946.25   With spouse and 1 parent (no children)     1,978.28     2,294.01     2,578.91     4,113.51   With spouse and 2 parents (no children)       2,095.28       2,427.01       2,728.91       4,280.77   With 1 parent (no spouse or children)       1,833.28       2,128.01       2,391.91       3,905.11           With 2 parents (no spouse or children)     1,950.28     2,261.01     2,541.91     4,072.37   Special Monthly Compensation   SMC letter designation Monthly payment (in U.S. $) How this payment variation works SMC-K 132.74 If you qualify for SMC-K, we add this rate to your basic disability compensation rate for any disability rating from 0% to 100%. We also add this rate to all SMC basic rates except SMC-O, SMC-Q, and SMC-R. You may receive 1 to 3 SMC-K awards in addition to basic and SMC rates. SMC-Q 67.00 This is a protected rate that we haven’t awarded since August 19, 1968. If we awarded you an SMC-Q designation, we pay this rate in place of your basic disability compensation rate.   Dependent status SMC-L (in U.S. $) SMC-L 1/2 (in U.S. $) SMC-M (in U.S. $) SMC-M 1/2 (in U.S. $) SMC-N (in U.S. $) Veteran alone (no dependents) 4,651.06 4,891.50 5,132.92 5,485.61 5,839.08 With spouse (no parents or children) 4,859.46 5,099.90 5,341.32 5,694.01 6,047.48 With spouse and 1 parent (no children) 5,026.72 5,267.16 5,508.58 5,861.27 6,214.74 With spouse and 2 parents (no children) 5,193.98 5,434.42 5,675.84 6,028.53 6,382.00 With 1 parent (no spouse or children) 4,818.32 5,058.76 5,300.18 5,652.87 6,006.34 With 2 parents (no spouse or children) 4,985.58 5,226.02 5,467.44 5,820.13 6,173.60   Dependent status SMC-N 1/2 (in U.S. $) SMC-O/P (in U.S. $) SMC-R.1 (in U.S. $) SMC-R.2/T (in U.S. $) SMC-S (in U.S. $) Veteran alone (no dependents) 6,182.55 6,526.64 9,326.07 10,697.23 4,183.85 With spouse (no parents or children) 6,390.95 6,735.04 9,534.47 10,905.63 4,392.25 With spouse and 1 parent (no children) 6,558.21 6,902.30 9,701.73 11,072.89 4,559.51 With spouse and 2 parents (no children) 6,725.47 7,069.56 9,868.99 11,240.15 4,726.77 With 1 parent (no spouse or children) 6,349.81 6,693.90 9,493.33 10,864.49 4,351.11 With 2 parents (no spouse or children) 6,517.07 6,861.16 9,660.59 11,031.75 4,518.37    

    Tbird
    Question Poised: We closed the notice for request 1. VA message states Closed the for Request 1 or 2 or some #. What does it mean? It is a status message that doesn't tell you where your claim is in the process.   Logged into eBenefits today, and my (migraine/headache) claim went from PFD back to GOE. The estimated completion dates have been moved back to another 4 to 6 months again! The message states, “We closed the notice for Request 1,” which was a C&P exam. It states the developmental letter sent. The previous post says this means and C&P exam has been scheduled, while another vet posted this means a C&P is not needed bc I have enough evidence. Any feedback?
    Read Full Thread
    Related Information
    Supplemental Claim status
    Status What it means A reviewer is examining your new evidence We received your Supplemental Claim and assigned it to a reviewer. They will determine if we need any more information from you. We made a decision We sent you our decision on your Supplemental Claim. Your Supplemental Claim was closed We closed your Supplemental Claim. This may be because you didn’t take an action VA requested. Higher-Level Review status
    Status What it means A senior reviewer is taking a new look at your case We received your request for a Higher-Level Review and assigned it to a senior reviewer. They will determine if we need any more information from you. We are correcting an error The senior reviewer found an error that must be corrected before they decide your case. We’ll contact you if we need more information. We made a decision We sent you our decision on your Higher-Level Review. Your Higher-Level Review was closed We closed your Higher-Level Review. This may be because you didn’t take an action VA requested. Board Appeal status
    Status What it means You’re waiting for your hearing to be scheduled We received your request for a hearing but haven’t scheduled it yet. Your hearing has been scheduled We’ve scheduled your hearing. You’ll receive the hearing information by mail. You can also find information about your hearing in the claim status tool.
    Check your VA claim status Your appeal is waiting to be sent to a judge Your appeal is at the Board of Veterans’ Appeals. We haven’t assigned it to a Veterans Law Judge yet. Your appeal is with your Veterans Service Organization Your Veterans Service Organization (VSO) is reviewing your appeal to prepare additional arguments to support your case. A judge is reviewing your appeal A Veterans Law Judge at the Board of Veterans’ Appeals is reviewing your appeal. The judge is seeking more information before making a decision The judge is getting more evidence or an outside opinion from a legal, medical, or other professional. This additional information will help them make a decision about your appeal. The Board is waiting until a higher court makes a decision A higher court is reviewing a group of appeals. The Board of Veterans’ Appeals is waiting for their decision because it may affect your appeal. The Board made a decision on your appeal The Board of Veterans’ Appeals sent you a decision letter about your appeal. Your appeal was merged The Board of Veterans’ Appeals merged your appeal with one of your older appeals that was closer to receiving a Board decision. The Board merges appeals so that you can receive a single decision on as many appeals as possible. Your appeals file is open for new evidence The Board of Veterans’ Appeals is holding your case open for new evidence for 90 days. We corrected an error A judge at the Board of Veterans’ Appeals either:
    Found an error and had it corrected, or Made a decision that changes your disability rating or eligibility for benefits We sent you a corrected decision.
    The Board made a decision on your appeal The Board of Veterans’ Appeals sent you a decision letter about your appeal. We granted your appeal We decided to overturn the original decision. You withdrew your appeal You told us not to continue your appeal. Your Motion for Reconsideration was denied The Board of Veterans’ Appeals decided not to reopen your appeal. The appeal was closed VA records show that the Veteran filing the appeal is deceased, so we closed this appeal. Your appeal was closed We dismissed or closed your appeal. Please contact your Veterans Service Organization (VSO) or representative for more information. Legacy appeal status
    Status What it means A Decision Review Officer is reviewing your appeal We received your Notice of Disagreement and assigned your appeal to a Decision Review Officer. They will determine if we need any more information from you. Please review your Statement of the Case We sent you a Statement of the Case (SOC) that explains why we can’t grant your appeal. To continue your appeal, you have 60 days to take one of these actions:
    Submit VA Form 9 to the Board of Veterans’ Appeals, or Opt in to the decision review process
    Get VA Form 9 to download
    The Decision Review Officer is finishing their review of your appeal We received your VA Form 9. The Decision Review Officer is reviewing all the evidence in your appeal. Please review your Supplemental Statement of the Case We sent you a Supplemental Statement of the Case (SSOC) because:
    New evidence was added to your case, or We’re requesting more evidence, or We can’t grant your full appeal You’re waiting for your hearing to be scheduled We received your request for a hearing but haven’t scheduled it yet. Your hearing has been scheduled We’ve scheduled your hearing. You’ll receive the hearing information by mail. You can also find information about your hearing in the claim status tool.
    Check your VA claim status Your appeal is waiting to be sent to a judge Your appeal is at the Board of Veterans’ Appeals. We haven’t assigned it to a Veterans Law Judge yet. Your appeal is with your Veterans Service Organization Your Veterans Service Organization (VSO) is reviewing your appeal to prepare additional arguments to support your case. A judge is reviewing your appeal A Veterans Law Judge at the Board of Veterans’ Appeals is reviewing your appeal. The judge is seeking more information before making a decision The judge is getting more evidence or an outside opinion from a legal, medical, or other professional. This additional information will help them make a decision about your appeal. The Board is waiting until a higher court makes a decision A higher court is reviewing a group of appeals. The Board of Veterans’ Appeals is waiting for their decision because it may affect your appeal. The Board made a decision on your appeal The Board of Veterans’ Appeals sent you a decision letter about your appeal. Your appeal was merged The Board of Veterans’ Appeals merged your appeal with one of your older appeals that was closer to receiving a Board decision. The Board merges appeals so that you can receive a single decision on as many appeals as possible. You requested a decision review under the Appeals Modernization Act You asked to continue your appeal through the decision review process. Your appeals file is open for new evidence The Board of Veterans’ Appeals is holding your case open for new evidence for 90 days. We corrected an error A judge at the Board of Veterans’ Appeals either:
    Found an error and had it corrected, or Made a decision that changes your disability rating or eligibility for benefits We sent you a corrected decision.
    The Board made a decision on your appeal The Board of Veterans’ Appeals sent you a decision letter about your appeal. We granted your appeal We decided to overturn the original decision. You withdrew your appeal You told us not to continue your appeal. Your Motion for Reconsideration was denied The Board of Veterans’ Appeals decided not to reopen your appeal. The appeal was closed VA records show that the Veteran filing the appeal is deceased, so we closed this appeal. Your appeal was closed We dismissed or closed your appeal. Please contact your Veterans Service Organization (VSO) or representative for more information

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