Military Veterans' Lawyer Blog

December 15, 2021

VA Benefits and Back Pay / Retroactive Pay

When a veteran files for disability benefits from the VA, it can take some time to complete. The VA processes a tremendous volume of cases, and there are many steps to the process, so you should start as soon as possible. By filing an “intent to file” (VA Form 21-0966 or call them directly) you initiate the process with very little effort on your part, and you have a full year to actually file your claim.

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.

December 9, 2021

C&P Exams: Everything You Need to Know

by Bob Goss

The good news is that not every veteran who files for disability benefits needs to have a Compensation and Pension (C&P) exam. When you initially submit your claim, you will need to include a current diagnosis from a competent medical expert, evidence of a service connection, and a “nexus statement” tying your disability to your service – usually a part of your medical expert’s report. Evidence may also include hospital records, test results, and buddy statements.

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.

October 12, 2021

What is the Medical Evaluation Board? What Do They Do?

by Bob Goss

When a service member sustains injuries while on active duty and is judged by a physician that he or she does not meet retention standards, the injured service member is referred to the Medical Evaluation Board (MEB), thus triggering the Integrated Disability Evaluation System (IDES). The purpose of IDES is to help injured veterans receive disability benefits more quickly by streamlining the process, allowing the DoD Disability and VA Disability programs to process simultaneously. However, the process contains multiple steps and can still be confusing.

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.

October 11, 2021

How a Buddy Letter Can Help Your VA Claim

by Bob Goss

The VA is required to consider all relevant information that supports your VA disability claim. This includes eyewitness accounts of the cause of your disability and/or its effects on you. The Statement in Support of Claim, also referred to as a “buddy letter” or “lay evidence,” can provide powerful evidence supporting your case.

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.

September 24, 2021

Acid Reflux and VA Disability Rating

by Bob Goss

Acid reflux, more formally known as gastroesophageal reflux disease (GERD), is a common condition in which the muscle at the top of the stomach does not operate properly, allowing stomach acids and partially-digested food to enter the esophagus.

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)

September 22, 2021

Delayed Onset of PTSD and Your VA Benefits

by Bob Goss

Can you receive VA benefits if you are experiencing delayed PTSD? Yes, but it may be a challenge to prove. You may need the help of an experienced veterans’ attorney to build your case.

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

September 16, 2021

VA Automatic Rating for PTSD – Fact or Fiction?

by Bob Goss

There is an automatic 50% rating for PTSD – but it’s not for everyone, and it’s not permanent. Policy 38 CFR 4.129 states:

“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.

September 14, 2021

Retroactive VA Benefits: Disability Back Pay

by Bob Goss

Filing with the VA for veterans’ disability benefits is usually a time-consuming process. Sometimes years can go by from the time of initial filing to when your case is settled. It may include requests for additional information, denial of benefits, appeals, and another review before you are granted a disability rating. Because the process can be quite cumbersome, time-consuming, and stressful, especially for a person struggling with a disability, veterans get the best and fastest resolution of their claims with the help of an experienced VA attorney.

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

August 19, 2021

How Widows and Widowers Can Receive VA Compensation

by Bob Goss

The surviving spouse of a service member who dies in the line of duty or who died from a service-related injury or illness may be able to receive VA Dependency and Indemnity Compensation (VA DIC). Those who are at or below a certain income and net worth limit may also be eligible for the VA Survivors Pension.

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.

August 17, 2021

Hiring a Lawyer for Your VA Claim

by Bob Goss

The Veterans Administration (VA) allows veterans to hire an attorney to help them with their disability claims only after an initial claim has been denied, or after the VA has offered a benefits award that the veteran does not believe is sufficient. So whether you have been denied or you have received an award that you feel is too low, you are permitted to reach out to a lawyer for help.

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.