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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
    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.

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