🎖️ VALOR

Ever wonder what could make or break your VA disability case?

In this video, our attorneys dive into a powerful tool veterans often overlook—the personal statement. Learn why your own story might be the key to winning your claim, especially if you’re facing challenges like missing records or a long gap since service. Don’t miss out on these insider tips to strengthen your case and make sure your voice is heard!

Attention: Were You or a Loved One Impacted by Depo-Provera?

If you or a loved one used Depo-Provera or Depo-SubQ Provera and were diagnosed with a meningioma or benign brain tumor, you may be entitled to compensation. This hormonal contraceptive has been linked to serious health risks, and countless patients are seeking justice against the pharmaceutical company.

Don’t wait—your health and rights matter. Contact our legal team to learn more about your options for compensation and get the help you deserve.

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

⚖️ EXPERTS

How to Expedite Your VA Disability Claim: A Comprehensive Guide 

The VA disability claims process can be notoriously slow, leaving many veterans waiting months or even years for a decision. For veterans facing urgent circumstances, this wait can be particularly stressful. Fortunately, the VA offers ways to expedite disability claims under certain conditions. In this article, we’ll explore the criteria for expedited claims, how to apply for an expedited review, and tips to help you navigate this process as efficiently as possible. 

Understanding the Need for Expedited Claims 

The standard timeline for VA disability claims can be lengthy due to the high volume of claims, the complexity of medical evidence, and the detailed reviews required. However, there are situations where waiting for a decision can result in severe financial, medical, or personal hardship. In these cases, the VA has established criteria that allow for claims to be expedited. 

Criteria for Expediting a VA Disability Claim 

The VA considers several circumstances under which a disability claim may be expedited: 

• Terminal Illness: Veterans diagnosed with a terminal illness can have their claims expedited to ensure they receive the necessary benefits quickly. 

• Financial Hardship: Veterans facing severe financial difficulties, such as eviction, foreclosure, or homelessness, may qualify for expedited processing. 

• Advanced Age: Veterans aged 85 and older are eligible for expedited claims processing. Former POW Status: Veterans who are former prisoners of war (POWs) are entitled to expedited processing of their claims. 

• Severe Injury or Illness: Veterans who have suffered severe injuries or illnesses, particularly those related to their military service, may have their claims expedited. 

• Homelessness: Veterans who are homeless or at imminent risk of becoming homeless can request expedited review of their claims. 

• Compelling Humanitarian Reasons: In some cases, the VA may expedite claims for veterans facing other severe, compelling situations that require immediate attention. 

How to Request an Expedited Review 

If you believe you qualify for expedited processing, there are specific steps you need to take to request it: 

• Gather Documentation: First, you’ll need to provide evidence that supports your request for expedited processing. This could include medical records, eviction notices, foreclosure paperwork, or any other documentation that proves your situation. 

• Submit a Hardship Request: Write a letter to the VA explaining your situation and requesting that your claim be expedited. Be sure to include your full name, VA file number, and any supporting documentation. This request can be submitted through the VA’s eBenefits portal, by mail, or in person at a VA regional office. 

• Work with a Veterans Service Organization (VSO): A VSO can help you prepare and submit your request, ensuring that all necessary documentation is included and that your request is properly formatted. VSOs have experience dealing with the VA and can be invaluable in helping expedite your claim. 

• Contact Your Congressional Representative: In some cases, reaching out to your local congressional representative can help expedite your claim. Representatives can inquire about the status of your claim on your behalf, sometimes resulting in faster processing. 

Tips to Speed Up the VA Claims Process 

Even if you don’t qualify for expedited processing, there are still ways to help speed up your VA claim: 

• Submit a Fully Developed Claim (FDC): The Fully Developed Claim program allows veterans to submit all necessary evidence upfront, reducing the time the VA needs to gather records and decide. This can significantly shorten the processing time. 

• Ensure All Documentation Is Complete and Accurate: Incomplete or incorrect documentation can lead to delays. Double-check that all forms are filled out correctly and that all required evidence is included before submitting your claim. 

• Follow Up Regularly: Stay proactive by regularly checking the status of your claim. If you notice any delays or issues, address them immediately by contacting the VA or your VSO. 

• Consider Filing an Appeal: If your claim is denied or if you receive a lower rating than expected, filing an appeal might be necessary. While this can be a lengthy process, ensuring that your appeal is complete and well-documented can help speed up the decision. 

Challenges in Expediting VA Claims 

While the VA provides pathways to expedite claims, veterans may still face challenges, including: 

• Delays Due to High Volume: Even expedited claims can face delays if the VA is processing a high volume of requests. While your claim may be prioritized, it’s important to be patient and follow up regularly. 

• Difficulty in Providing Evidence: Gathering the necessary documentation to prove financial hardship, terminal illness, or other qualifying conditions can be challenging. Working with a VSO or legal representative can help ensure that your evidence is sufficient and properly presented. 

• Complex Claims: Some claims are inherently more complex and may take longer to process, even with expedited review. Claims involving multiple conditions, unusual circumstances, or extensive medical histories may still require more time for a thorough review. 

The VA disability claims process can be daunting, but knowing how to navigate it effectively can make a significant difference. If you believe you qualify for expedited processing, take the necessary steps to request it and provide all required documentation. For all veterans, ensuring that your claim is complete, accurate, and well-supported can help minimize delays and increase your chances of a favorable outcome. 

Waiting on a VA claim decision? Learn more about expedited processing, including cases of hardship, homelessness, terminal illness, and advanced age. This video breaks down who qualifies, how long claims are currently taking, and tips to help move your claim faster from our legal team.

🦅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’ Success in Obtaining Higher Rating for Parkinson’s Disease Residuals

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 February 1959 to January 1971 faced numerous challenges while seeking increased disability ratings for several conditions associated with Parkinson’s disease. This case illustrates the complexity of the VA disability rating system and the hurdles veterans face when trying to secure accurate compensation for their service-connected disabilities. 

The Outcome

In this case, the Board of Veterans' Appeals (BVA) awarded the veteran some of the increased ratings he sought but denied others. The BVA also remanded certain issues for further evaluation. 

• Granted: A 60% rating for speech disorder residuals of Parkinson's disease, effective from January 5, 2010, to January 17, 2011. 

• Granted: A 10% rating for impairment of facial nerves, effective from January 18, 2011, to February 24, 2015. 

• Denied: Increased ratings for erectile dysfunction, dysphagia beyond 30%, and further increases in the rating for speech disorder beyond 60% from January 18, 2011. 

• Remanded: Further evaluation for tremors and muscle rigidity affecting the veteran’s extremities, as well as the issue of entitlement to a total disability rating based on individual unemployability (TDIU). 

Why Was This Decision Made?

The outcomes in this case were influenced by several key factors: 

Increased Ratings for Speech Disorder and Facial Nerve Impairment: 

• Speech Disorder: The veteran’s speech disorder, a residual of Parkinson's disease, was shown to cause an inability to speak above a whisper. This warranted a 60% rating from January 5, 2010, to January 17, 2011. However, the condition did not progress to a complete inability to communicate by speech, so the BVA did not grant a rating higher than 60% from January 18, 2011. 

• Facial Nerve Impairment: The veteran’s condition involved moderate incomplete paralysis of the seventh cranial nerve (facial nerve), justifying a 10% rating. There was no evidence of severe impairment, so a higher rating was not awarded. 

Denial of Increased Ratings for Erectile Dysfunction and Dysphagia: 

• Erectile Dysfunction: The veteran’s erectile dysfunction, another residual of Parkinson's disease, did not involve any penile deformity. As a result, the BVA maintained the non-compensable rating but noted that the veteran was already receiving special monthly compensation for the loss of use of a creative organ. 

• Dysphagia: The veteran’s dysphagia, associated with Parkinson's disease, was found to cause moderate impairment, justifying a 30% rating. The evidence did not show severe impairment permitting only liquids, so a higher rating was denied. 

Remand for Further Evaluation: The BVA determined that additional examinations were necessary to evaluate the severity of the veteran’s tremors and muscle rigidity affecting the extremities. The remand was intended to ensure accurate ratings and to assess the potential impact on the veteran’s ability to secure and follow substantially gainful employment, which could influence the TDIU claim. 

Tips from the Legal Team

This case emphasizes the importance of detailed medical evidence in supporting claims for increased ratings. It also highlights the VA's process of evaluating residuals of complex conditions like Parkinson's disease and the importance of understanding the specific criteria required for different disability ratings. 

For veterans pursuing increased ratings or other benefits, it’s crucial to: 

• Provide Comprehensive Medical Evidence: Ensure that your medical records thoroughly document the severity and impact of your conditions. 

• Understand Rating Criteria: Be aware of the specific criteria for the conditions you are claiming to ensure that your medical evidence aligns with these standards. 

• Challenge Denials or Inadequate Ratings: If you believe your rating does not accurately reflect your condition, consider appealing the decision and providing additional evidence. 

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.