Submitting an intent to file is valuable because, in most situations, it sets the effective date for retroactive pay. It is a misconception that the VA will give a veteran back pay to the date of the injury or disability for which the veteran is filing. The calculation of the retroactive benefits date is determined by several factors, as follows:

• In most cases, your retroactive pay date will be the date you filed for VA disability compensation or the date you submitted your intent to file.

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If the evidence is sufficient and strongly supports a service-related connection, you could receive a rating without a C&P exam. The exams cost the VA money. Therefore, efforts of cost containment are often a consideration for not requesting superfluous exams. However, if your claim is complex, or if there are questions in the mind of the claim reviewer based on your documentation, you may be required to get a C&P exam.

The VA will send your file to a VA doctor (or a local doctor with whom the VA partners) assigned to examine you, and you will receive a letter from the doctor regarding your C&P exam. Be sure to contact them and arrange a convenient time for the exam. If the VA requires a C&P exam and you don’t get one, your case will be denied. If you miss your exam, call the VA right away to inform them that you still intend to comply, then reschedule with the examiner as soon as possible.

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The IDES process

If you are referred to the MEB, your next step is to get a compensation and pension (C&P) exam. The physician then completes a Narrative Summary report (NARSUM), summarizing all your medical history from the beginning of service to the present, including the C&P exam. At this point, you may also submit a Commander’s Statement and a Personal Statement. Submitting the appropriate documentation at this point is critical, so the MEB has a full and accurate picture of your condition. 

The post What is the Medical Evaluation Board? What Do They Do? appeared first on Military Veterans' Lawyer Blog.

These personal statements can come from someone who served with you and witnessed the event, or from family and friends who are able to describe how the event has affected you. 

Military buddy statements are particularly powerful if the person is able to give an eyewitness account of the events, conditions, or situation that caused your disability. Often, things happen while on duty that aren’t written up in a report but may have had a significant impact on you. Other times, records get lost or destroyed. If you have a friend or fellow service member who was there and can corroborate your statement, the VA is required to apply “benefit of the doubt” when your claim has limited medical support. Without a buddy statement, it would be less likely this benefit of the doubt would be applied or it would possibly be applied and a lower rating given. 

The post How a Buddy Letter Can Help Your VA Claim appeared first on Military Veterans' Lawyer Blog.

The stomach has a thick lining designed to withstand the acids used to break down foods, but the esophagus, which is the tube that takes your food from your mouth to your stomach, has no such lining. If you have acid reflux, you are probably experiencing some or all of the following symptoms:

• Burning in the chest or throat (heartburn)

The post Acid Reflux and VA Disability Rating appeared first on Military Veterans' Lawyer Blog.

In recent years, the VA has become more responsive to the growing evidence of what is called “delayed onset of PTSD,” defined as onset occurring at least six months after the traumatic event. However, it is not uncommon for veterans, especially combat veterans, to develop clear PTSD symptoms later in life, sometimes decades after the in-service stressors. 

PTSD onset in older veterans

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“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% 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).

Simply stated, if you are discharged from duty, specifically because PTSD from a known service-related event has made it difficult for you to function at full capacity, you will automatically receive at least a 50% rating for up to 6 months, without further evidence required. However, before the 6 months expire, the veteran will need to be evaluated by a medical professional who is qualified to make a diagnosis of PTSD and rate the level of social and occupational impairment. Though social impairment is a factor, the main criterion for the VA is occupational impairment: how well can you work and support yourself.

The post VA Automatic Rating for PTSD – Fact or Fiction? appeared first on Military Veterans' Lawyer Blog.

Once you’re granted disability, you will begin to receive monthly installments. But what about all the time you waited? Fortunately, the award is retroactive and you will receive a lump sum of benefits when your benefits are awarded. This back pay is dated from the time of your original filing. For example, if you received a disability rating of 50% three years after you initially filed your claim, you will receive a lump sum of three years worth of disability payments at a 50% level. 

Exceptions to the Filing Start Date

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However, the VA does not permit attorneys, financial planners, or any other person to charge a fee for any services provided in helping a military widow apply for compensation. The VA warns survivors of veterans to avoid organizations that misrepresent themselves in order to provide financial products and services, and warns that “these organizations may charge substantial fees for products and services that may not always be in claimants’ best long-term interests.” (va.gov) 

At Robert B. Goss, we’re disabled veterans and family members of servicemen, so it’s important to us to protect survivors of veterans from dishonest practices. Below are the situations in which a widow or widower can apply for these benefits.

The post How Widows and Widowers Can Receive VA Compensation appeared first on Military Veterans' Lawyer Blog.

Why Should You Hire an Attorney to Help You With Your Disability Appeal?

If you are already fully versed in legal affairs, as I was when I appealed my own disability award, you may not need help from a lawyer. However, even for me, the process was long, grueling, and stressful. The good news is that retaining an experienced VA lawyer not only saves you that stress, but also improves your chance of success. 

The post Hiring a Lawyer for Your VA Claim appeared first on Military Veterans' Lawyer Blog.