How do I write a fully developed claim for VA?
- All necessary income and net-worth information, and.
- All private medical records you have that are related to your claim, and.
- Information about any health records that are available at a federal facility, like a VA medical center or clinic.
- Sustained their injury or illness during active duty, active duty training, or inactive duty training.
- Been honorably discharged from the military.
- Been given a 10 percent or more VA disability rating for the illness or injury.
- Identify the veteran and the purpose of your letter of support.
- Identify yourself, including your credentials and experience. ...
- Explain your clinical relationship with the veteran.
- State the veterans diagnosis.
The 70% rating criteria for PTSD include occupational and social impairment and deficiencies. Veterans with a 70% PTSD rating show the following symptoms: problems in most areas of their life, such as work, school, family relations, judgment, thinking, or mood.
If you submit a VA Fully Developed Claim (FDC) in 2022—meaning—all the evidence is uploaded in support of your claim, you'll likely get a claim decision in 90-120 days (3-4 months) from submission to award. Filing a VA Fully Developed Claim (FDC) online at VA.gov is preferred over a Standard Claim (Non-FDC). Why?
If veterans are trying to get a 100 percent VA disability rating, and they do not have a 100 percent rating for any one service-connected condition, the only way to get there is to reach a combined disability rating of 95 percent or higher according to VA math.
Total Disability Individual Unemployability
To qualify for a 100 percent TDIU rating, the Veteran must have one disability rated at 60 percent or higher or two or more disabilities that have a combined rating of at least 70 percent, with one rated at 40 percent or higher.
More than a million veterans receive benefits at the 100% rate. In addition to receiving the highest possible disability payment, these veterans qualify for additional benefits if their 100% rating is permanent.
In cases like these, where additional evidence is required, buddy statements prove to be a powerful asset for the Veteran. The VA is required to consider all evidence, including buddy statements. The VA uses this information when granting or denying service connection.
Here is an example a spouse might provide in a lay statement: “My husband was outgoing before his deployment. Since he came back, he doesn't want to spend time with our family or go out on dates with me.”
What is an example of a VA statement?
You could write something such as: “I've had service-connected Tinnitus since 2006. The near constant ringing in my ears has led me to develop severe Migraine Headaches roughly 2-4x per month. Because of this, I think my Migraines are secondary to Tinnitus.
A strong Nexus letter is compelling, well-researched, and credible. Letters should be written on the doctor's letterhead and signed by the doctor to boost credibility.
Veterans get Nexus Letters from private healthcare providers—typically Nurse Practitioners (NPs), Certified Physicians Assistants (PA-Cs), and/or Medical Doctors (MDs). These private providers charge for their services, normally a flat fee, to review a veteran's medical records and write a Nexus Letter.
VA doctors can't and won't write nexus letters because it would represent a conflict of interest. As a doctor, they're required to care for you, the patient. However, a C&P examiner can be asked to evaluate your condition and provide a medical opinion including a nexus statement.
- Method 1: Appeal the Decision or File a New Claim. The most straightforward approach is to appeal VA's decision on the original claim. ...
- Method 2: Prove Individual Unemployability (TDIU) ...
- Method 3: File for a Secondary Service Connection. ...
- Assistance with Your Claims and Appeals.
A 30% rating means you have mild symptoms that may come and go, depending on your stress level. At the 30% rating medication and therapy can be effective at mitigating symptoms. A 50% rating applies when your PTSD causes more pronounced problems at work and in your daily life.
To qualify for the automatic 50% PTSD rating a veteran must be discharged from active service as a result of their PTSD. The veteran must be experiencing enough symptoms that they cannot carry out their military duties, AND those symptoms must have been caused or worsened by a stressor or event during active service.
No, there aren't any VA disability claims that cannot be proven. In fact, all VA claims must be proven on an “at least as likely as not” basis. If you have no evidence (no proof), your VA claim will get denied.
The 70 percent disability rating criterion for depression and anxiety is the most inclusive insofar as it represents a wide array of symptoms, including a progression of symptoms noted in the lower disability ratings.
The VA typically only pays disability compensation going back to the date of discharge to veterans who apply for their VA disability benefits within one year of being discharged.
At what age does VA disability become permanent?
There is no set age of when your VA disability becomes permanent. The VA rater will determine “permanence” of a VA disability if it is reasonably certain, based upon medical evidence, that the level of impairment will continue for the rest of your life. Translation: Whether you're 35 or 75 years old it does not matter.
VA disability pay for 2023 increased by 8.7%. The new disability compensation rates took effect on December 1, 2022. See the current VA disability pay chart, and calculate your monthly compensation.
The adjustment for 2023 means a disabled veteran with a 10% VA rating can expect to see about $13.28 more each month, and a 100% disabled veteran with no dependents will receive $300 more per payment. Learn more online.
PTSD is only rated at 10%, 30%, 50%, 70% or 100%. It's important to be as honest as you can with the VA examiners about the severity of your symptoms. Please note you don't have to meet all the symptoms in the rating level in order to be rated at that level.
According to the VA's most recent VA disability compensation report, the most common VA disability ratings by percentage are 100% and 10%. Of the 5,225,420 veterans with a service-connected VA rating, the most common combined VA rating is 100% (18.45% of recipients) followed by 10% (17.13% of recipients).
When your disability check isn't enough to live on, you may have additional options at your disposal. For example, you may qualify for extra help in specific areas such as health care costs, food, and housing. Different federal, state, and local programs may be available.
Space-A is a perk of the American Armed Forces, Veterans, family members, and other qualifying individuals in which flights can be taken on aircraft controlled or owned by the U.S. Department of Defense (DoD).
Any individual 18 years old or older who knows the veteran and can be considered a legitimate witness to the veteran's condition can write a VA buddy letter.
Your DD214 or other separation documents. Your service treatment records. Any medical evidence related to your illness or injury (like doctor's reports, X-rays, and medical test results)
Use VA Form 21-4138 when you want to submit a VA “buddy statement” or other statement from someone with firsthand knowledge of information you believe will help support your request for VA benefits.
How do you write a good lay statement?
Those writing lay statements should explain what they have personally observed or witnessed about the veteran's condition, daily life, or the in-service event that occurred. They should always sign and date the document and indicate how and why they have personal knowledge about the veteran's situation.
You can also submit a statement yourself. A well-written lay statement can have a significant impact on whether a claim is approved. Lay statements are also helpful during the VA disability appeal process to give more detailed information that may have been missing from the initial packet.
Those seeking VA disability compensation for post-traumatic stress disorder (“PTSD”) may need to submit a “stressor statement.” Stressor statements refer to a written description of the claimant's experiences that led to the development of their PTSD.
I have been unable to maintain relationships with friends, coworkers, and family members due to my anger issues. I have been diagnosed with depression and anxiety, and have panic attacks. The medication that I take to help these issues hasn't relieved my symptoms.
This traumatic event is also referred to as a “stressor.” The U.S. Department of Veterans Affairs states a PTSD stressor involves exposure to death, threatened death, actual or threatened serious injury, or actual or threatened sexual violence. The exposure can be: Direct exposure. Witnessing in-person.
Nexus Letters are essential for any condition on a VA Disability Claim that is not automatically considered service-connected. Conditions are automatically considered service-connected if 1.)
Private, non-VA doctors can complete nexus letters for a veterans' claims for service connection. This includes private physicians and independent medical examiners. However, it is essential to note that not all nexus letters will be given the same weight or probative value; the VA can still deny your claim!
Criteria for an Effective Nexus Letter
Some letters are only one page, but others could be as long as 25 pages. Regardless of length, an effective letter should: Provide an opinion based on your history before and after military service and refer to your service medical and personnel records.
- Identify the veteran and the purpose of your letter of support.
- Identify yourself, including your credentials and experience. ...
- Explain your clinical relationship with the veteran.
- State the veterans diagnosis.
- The letter should be brief, but thorough. ...
- The doctor should mention in the letter that he has reviewed your entire VA file and medical records. ...
- The letter should mention that the doctor has recently examined you.
Is it hard to get a Nexus letter?
They can be really hard to find. One of the best ways to get a medical nexus opinion letter is to get a veterans' disability attorney. These attorneys have connections to and relationships with medical practitioners who regularly work as professional expert witnesses.
A Nexus Letter or Medical Opinion is a letter written by a medical clinician, a PA, NP, MD, DO, Audiologist, Podiatrist, or Psychologist with a Ph. D. after reviewing your case files and medical records. The letter outlines evidence for your VA claim and provides a medico-legal statement required by the VA.
We work with doctors who review medical records and write reports and work with psychologists and vocational experts who are trained in VA law. However, you can have your family doctor write a nexus letter. There are also a few websites that can provide a sample nexus letter.
Development letters are typically sent in the early stages of your claim. They acknowledge that you have submitted a claim and may ask you for additional evidence if you have any to add. This letter is legally required to be sent to anyone who submits a claim.
The first option is a standard claim, where the VA helps you collect the records and documents that make up your claim. The other option is a fully developed claim, where you compile all the supporting documents yourself and submit them to the VA as a package.
Once your claim is filed, you will receive letters from the VA containing information which often appears contradictory and is always full of legalese. These are called VA "development letters." VA sends development letters because they are required by federal statute.
The standard process assumes that VA will be helping gather information about your case. The "fully developed claim process" requires YOU to gather all of the important information. You will have to submit that information as part of your application for disability benefits.
For example, if a veteran is claiming service connection for post-traumatic stress disorder and VA recognizes their stressor, it should be noted as a favorable finding in the Rating Decision. Importantly, VA adjudicators are bound by favorable findings and can only rebut them with clear and unmistakable evidence.
The Veteran Affairs website reports that 75 percent of all initial applications for VA benefits are denied. These applications are often denied because they have incomplete information or lack necessary documentation. Other reasons for denial include: Not enough evidence to support your disability.
Request a decision review
You can appeal to the Board of Veterans' Appeals and have a Veterans Law Judge review your case. Find out what happens after you request a decision review. If you're one of multiple people claiming a benefit that only one party has a right to, find out how to request a decision review.
How long does it take to get VA development letter?
The VA estimates that it takes them 94 days to review a VA disability application. However, many cases take much longer than that. Here are some factors that can shorten or extend the time it takes to reach a decision: Type of claim filed.
Using the EZ forms, the FDC process works this way: Veterans and survivors submit all relevant records using the EZ claim form, including private (non-VA) medical records. On the form, you certify that you have no further evidence to submit.
