🎖️ VALOR

Are you reading for VA’s Timeline Changes? We tell you everything you need to know.

Are you confused by VA’s complex numbers and timelines for appeals and claims? In this video, our attorneys break down the latest data from VA, showing how long it’s taking to process High-Level Reviews and what to expect with supplemental claims. They also discuss why some veterans might see denials and how to navigate the frustrating process of waiting months for answers.

If you’re tired of waiting and want to know what these numbers really mean for your case, click now to watch and learn how to move forward with your VA claim!

Attention: Were You or a Loved One Injured in Iraq or Afghanistan?

If you or a family member served in Iraq or Afghanistan between 2003-2017 and were injured by a sniper, rocket mortar, IED, or EFP, you may be entitled to compensation. Injuries could include loss of limb, eyesight, corrective surgeries, shrapnel or burns, traumatic brain injuries, or other blast-related wounds.

Don't wait—these injuries deserve justice. Contact our team to learn more about your options for compensation and to get the help you need.

Call us at (855) 494-1298 to learn more.

⚖️ EXPERTS

Decoding Your VA Decision Letter: What Every Veteran Needs to Know 

When you receive a VA decision letter, it marks a crucial moment in your journey for disability benefits. This letter determines the outcome of your claim—whether your benefits are granted, denied, or if your rating percentage has changed. Understanding the contents of this letter is essential for making informed decisions about your next steps, including whether to accept the decision, request further evidence, or file an appeal. 

What is a VA Decision Letter? 

A VA decision letter is an official document from the Department of Veterans Affairs (VA) that outlines the decisions made regarding your disability claim. This letter will include several key components: 

• The Rating Decision: This section details the VA's determination of your disability rating, which reflects the severity of your condition and directly impacts the amount of compensation you receive. The rating is expressed as a percentage, ranging from 0% to 100%. 

• Effective Date: The effective date is when your benefits begin, usually tied to the date of your claim submission. Understanding this date is important because it determines the amount of back pay you might be eligible for. 

• Reasons for Decision: This critical part of the letter explains why the VA made its decision. It includes the evidence considered and the rationale behind the rating or denial. 

• Next Steps: The decision letter will outline your options if you disagree with the decision, including instructions for filing an appeal or submitting additional evidence. 

Breaking Down the Types of VA Decision Letters 

There are several types of VA decision letters, each serving a different purpose depending on where you are in the claims process. Knowing the difference can help you navigate the system more effectively. 

• Initial Decision Letter: This letter is the first formal communication you’ll receive after filing a disability claim. It provides the initial rating decision and explains the VA’s reasoning. 

  Supplemental Claim Decision Letter: If you’ve submitted new evidence after an initial denial, the VA issues a supplemental decision letter based on this additional information. 

• Higher-Level Review Decision Letter: This letter comes after you’ve requested a higher-level review of your claim. It’s a “second look” by a more senior VA employee who wasn’t involved in the initial decision. 

• Board of Veterans' Appeals (BVA) Decision Letter: If your claim progresses to the BVA, this letter will detail the Board’s findings. It’s typically more detailed and includes the Board’s reasoning and any legal precedents that influenced the decision. 

Common Issues in VA Decision Letters 

Veterans often encounter challenges when deciphering their VA decision letters. Here are some common issues: 

• Confusing Language: VA decision letters can be filled with legal and medical jargon, making them difficult to understand. Pay close attention to the “Reasons for Decision” section and consider consulting with a VA-accredited attorney or representative if the language is unclear. 

• Omissions or Errors: Sometimes, key information or evidence is overlooked or misinterpreted by the VA. Review your decision letter thoroughly to ensure all your evidence was considered, and all aspects of your claim were addressed. 

• Low Disability Ratings: Veterans may feel their disability rating does not accurately reflect the severity of their condition. If you believe your rating is too low, you have the right to appeal. 

• Denied Claims: A denial doesn’t mean the end of the road. If your claim is denied, the decision letter will explain the reason, and you can decide whether to gather more evidence, request a higher-level review, or appeal to the BVA. 

What to Do If You Disagree with Your VA Decision Letter 

Receiving a decision letter that doesn’t align with your expectations can be frustrating. However, the VA provides several options to contest or appeal the decision: 

• Supplemental Claim: If you have new and relevant evidence that was not part of your original claim, you can file a supplemental claim. 

• Request for a Higher-Level Review: If you believe the VA made a mistake in your case but don’t have new evidence, you can request a higher-level review. This involves a senior VA employee re-examining your claim. 

• Appeal to the Board of Veterans' Appeals (BVA): If you disagree with the higher-level review decision or want to skip straight to the Board, you can appeal to the BVA. The Board will conduct a de novo review, meaning they will look at all the evidence afresh. 

• Consult with an Accredited Representative: Navigating the appeals process can be complex, and seeking help from a VA-accredited attorney or representative can be beneficial. They can help you understand your decision letter and guide you on the best course of action. 

Are you receiving vague, confusing letters from the VA and not sure what they really mean? You're not alone! Our experienced attorneys discuss the importance of reading every VA letter carefully, how deadlines vary, and why the VA might be asking for unnecessary information. Avoid costly delays in your claims process and learn what you can do if you've already submitted everything they need.

Click now to watch and find out how to navigate these tricky letters and move your case forward!

🦅SUPPORT

Attention: Join us today at 1400 hours EST for a new livestream with our legal team!

Join us to get your questions about VA disability law and the claims process answered by our legal team. Comments open 30 minutes prior to the Livestream starting, so get there early to get your question in. We try to answer as many as we can!

🗺️ TACTICS

Veterans’ Winning Fight for Fair Rating for Joint Disease and Foot Disability

Note: All identifying info has been changed to protect the identity of the client.

Summary of Claim

A veteran who served on active duty from April 1980 to April 1984 successfully navigated the complex VA appeals process to secure a favorable outcome for his service-connected disabilities. The veteran initially faced challenges in receiving an appropriate disability rating and service connection for secondary conditions related to his left foot injury.  

However, through perseverance and comprehensive medical evidence, he achieved an improved rating and established service connection for thoracolumbar degenerative joint disease with scoliosis. 

The Outcome

The Board of Veterans' Appeals (BVA) granted several important rulings in the veteran’s favor: 

• Service Connection for Thoracolumbar Degenerative Joint Disease: The BVA concluded that the veteran’s thoracolumbar degenerative joint disease, with scoliosis, was etiologically related to his service-connected left foot disability. This condition was determined to be aggravated by the altered gait resulting from the veteran’s amputation of the left second and third toes, internal fractures of the fourth and fifth toes, arthritis, and plantar fasciitis. 

• Increased Rating for Left Foot Disability: While the veteran’s initial 20 percent rating for the amputation of the left second and third toes remained unchanged, the BVA awarded a separate 20 percent rating for the residuals of the left foot injury, which included internal fractures of the fourth and fifth toes, arthritis, and plantar fasciitis. This additional rating acknowledged the severity of the veteran’s condition and provided a more accurate reflection of his disability. 

Why Was This Claim Successful?

The success and denial in this case were influenced by several key factors: 

• Improper Rating Reduction: The VA had reduced the veteran’s disability rating from 20% to 10% based on a single examination, without sufficient evidence of sustained improvement in the veteran’s condition. The BVA found that the VA did not comply with the procedural requirements, making the reduction void from the outset. As a result, the veteran’s original 20% rating was reinstated. 

• Insufficient Evidence for Increased Rating: Despite the veteran's ongoing complaints of pain and limited motion, the BVA determined that his back condition did not meet the criteria for a rating higher than 20%. The evidence showed that the veteran’s limitation of motion was moderate, but not severe enough to warrant an increase. 

• Denial of Specially Adapted Housing: The veteran sought benefits for specially adapted housing, claiming his disabilities necessitated such accommodation. However, the BVA found that his service-connected conditions did not result in the loss or loss of use of limbs or other criteria required for these benefits. The evidence demonstrated that the veteran was still able to walk and did not experience significant functional loss in his lower or upper extremities. 

Additional Insights

This case highlights the importance of pursuing secondary service connection claims when a veteran’s service-connected disability leads to other health issues. Establishing such connections can result in higher overall disability ratings and better compensation, reflecting the true impact of the veteran’s conditions on their quality of life. 

Tips from the Legal Team

Veterans facing similar challenges should take note of the following strategies: 

• Gather and Submit Comprehensive Medical Evidence: Ensure that all relevant medical records, including private physician reports and VA examinations, are included in your claims file. Detailed documentation can make a significant difference with the outcome of your claim. 

• Seek Expert Medical Opinions: A well-supported medical opinion that links secondary conditions to your service-connected disability can be critical in establishing service connection for those conditions. 

• Be Persistent in Appeals: Don’t be discouraged by initial denials. The appeals process is designed to allow for a thorough review of your case, and persistence can lead to a more favorable decision. 

If you believe your current disability rating does not accurately reflect the severity of your condition, or if you’re struggling to establish service connection for secondary conditions, our team is here to help. Call us for a free case evaluation or download our guide on how to build a strong VA disability claim. 

If you're facing challenges in securing the VA benefits you deserve, or if you believe your current disability rating does not accurately reflect your condition, we're here to help. Call us at (855) 494-1298.