How to File for a Change of Your VA Disability Rating

Many veterans develop new health problems as a result of disabilities that have already been recognized by the VA. If that's the case for you, then filing for secondary conditions VA can provide you with some additional compensation, when those issues are properly documented. A veteran's lawyer will be able to tell you what the strongest supporting materials are in your case and help you gather and use this evidence effectively. more The Basics To succeed, you need to establish a few basic elements that the VA requires: Have a current diagnosis for the additional condition you want recognized Have an existing service-connected disability already on record Have medical evidence connecting the new condition to the service-connected disability The VA generally looks to medical records and professional opinions to prove that final link, though statements from people who know you well can help. How a Veteran's Lawyer Strengthens Your Claim for Secondary Conditions VA Gathering All Your Medical Evidence First, your lawyer will help you get the key medical documentation you need, like: Notes from your VA doctors or private physicians that document when the new condition was diagnosed, what symptoms you reported, and what treatments followed Records showing a progression after your primary disability was already service connected A medical opinion letter from a doctor who knows your full history, stating that it is at least as likely as not the service-connected disability caused or aggravated the new condition Any gaps in your care can weaken your case, so you'll want copies of records both from older visits and recent ones that show a complete paper trail. A medical opinion letter often makes the biggest difference when it comes from a doctor who has reviewed your full history, but any letter your doctor writes needs to include their reasoning and not just a description. Submitting Other Documentation In addition to general medical records, there are some specific documents your lawyer can help you prepare and submit. For example, there's the Disability Benefits Questionnaires, which has to be completed by your treating provider. These forms give the VA standardized information about the severity and symptoms of the condition in question. Your lawyer can also get lay statements, or buddy statements, from your friends and family. These add context by describing the changes in your daily activities or pain levels they've seen and how those changes align with the timeline of your service-connected disability. Organizing Your Evidence Building a solid case requires that you put all your records in chronological order so the connection becomes obvious to a rater. Taking the time to compile everything in one organized package reduces back and forth with the VA later on, and this is one of the most important things your lawyer will do. The strongest evidence in the world won't be helpful if a busy VA rater can't see the connections. The right evidence presented in the right way can completely change the outcome of your VA claim. Visit the the Comerford Law Office now to request a free consultation. We've been serving veterans in Chicago, Jonesborough, TN and Highland, IN since 2008.

Many veterans wonder what comes next after getting a decision on their benefits claim that doesn't seem right. VA appeals can be successful, and often are, but they can also be frustrating to get through, especially if you're filing more than one appeal (which is possible to do). Talk with a lawyer in Chicago, IL who understands all the rules under the current system and can lead you through the maze of red tape. more Key Rules for Pursuing VA Appeals Under the Veterans Appeals Improvement and Modernization Act of 2017, veterans have three review options for an appeal of denial of benefi: A Supplemental Claim, where you offer new and relevant evidence A Higher-Level Review by a senior adjudicator A Board of Veterans' Appeals review by a veterans law judge Though you can file more than one appeal, there are still some limitations designed to keep the system manageable. You cannot request a second Higher-Level Review on the same issue right after the first one, for instance, and the same restriction applies to Board appeals: you cannot file two Board appeals consecutively for the same claim. You can, however, switch between them and file alternately. How the Appeals Work Supplemental Claims These can be filed at any time, just so long as you can provide or identify new and relevant evidence. If you have a new medical opinion, a change in service record, or a lay statement that was missing before, submitting it through a Supplemental Claim can reopen the matter effectively. If key documents for your claim arrived later, such as a delayed response from a private doctor or additional service treatment records, filing a follow-up Supplemental Claim makes sense. Sometimes changes in the law can also create new opportunities; for example, expansions of presumptive conditions have allowed some veterans to file supplementals on claims that were previously denied under the older rules. You can file successive Supplemental Claims whenever genuinely new and relevant material comes to light, even if your earlier attempts did not succeed. However, to protect the earliest possible effective date for any benefits granted, which is important because it so often determines the amount of any retroactive pay you're entitled to, it is usually best to act within one year of the most recent decision letter. Higher-Level Review & Board Appeal A Higher-Level Review suits cases where you believe the original decision was a clear error, based on existing evidence. No new material is accepted in this claim, and an informal conference is often available. This can often resolve faster than a Board appeal. A Board appeal involves a Veterans Law Judge, and there are a couple different format options. Your lawyer can help you figure out the best way to file. If you've been denied a VA claim and have questions about what to do next, having someone familiar with the full range of review options take a close look at your file can make a huge difference. Schedule a free consultation today with the Comerford Law Office in Chicago, IL, Highland, IN, or Jonesborough, TN. We can provide full service throughout your claims process, and we've helped hundreds of veterans successfully appeal denials by the VA.

Waiting for your disability benefits can leave you in a tough spot financially, and a good veterans lawyer knows just how much VA back pay matters for stability. Talk to us today at the Comerford Law Office so we can help you get things moving. more VA Back Pay Timeline The effective date for beginning payments is the day the VA receives your claim. If you file within one year of leaving active duty, though, the date can actually reach back to the day after your separation. Once the VA has your claim, reviewers will look at it and decide whether your conditions are connected to your service and what rating you receive. The average time to complete a disability claim is just over 72 days. If the VA grants you at least a 10% disability rating, your first payment, which will include your lump-sum back pay, should arrive within 15 days. The back pay should cover everything that's owed from your effective date up to when you start getting your regular monthly checks. Factors That Can Speed Up or Slow Down Your Payment Preparation A fully developed claim, where you've sent all the evidence upfront and checked with a lawyer to be sure you have clear and convincing proof of your disability, service connection, and everything else relevant to your claim, almost always moves faster than one that needs extra exams or records. Claim Type Simple cases with clear service connections and solid medical proof can often be wrapped up in under 60 days. On the other hand, claims for several conditions or one's that come with requests for higher ratings take more time because the VA must review everything carefully. If you're asking for an increase in an existing rating, that's usually processed faster than a brand-new claim. Supplemental claims with new evidence fall somewhere in the middle. Amount If you're owed a particularly large back-pay amount, that sometimes triggers an extra review for accuracy. The VA wants to make sure the math lines up with your rating and effective date. In most cases, though, you still see the money within a month of the decision letter. Timeline for Appeals If you disagree with the first decision and file a Higher-Level Review, the VA tries to finish within four to five months, but a Board appeal can run longer, depending on the docket. However, if the appeal grants you benefits, then your back pay lump sum will go back all the way to the original effective date, so the wait is usually worth it. Working with a Veterans Lawyer to Manage Your Claim Timeline You do not have to handle the paperwork and deadlines alone, and having experienced help right from the beginning can prevent you from making the kinds of mistakes that will cause unnecessary delays. Your lawyer will make sure every condition gets proper attention, your filing has all the needed evidence, and then file for you (and any appeals you might need) on time and in the right way. When you're prepared properly from the beginning, you're more likely to get a positive response the first time and spend fewer months waiting for corrections or appeals. Wherever you are in the process, reach out to us at the Comerford Law Office in Chicago, IL, Jonesborough, TN or Highland, IN today so we can review your file and map out the next steps.