Did you know there are over 16 million veterans in the US? Millions of them are eligible for VA disability benefits every year, but the claims process can be an uphill battle. This guide explores four paths to file VA Disability claims, and what you should consider before going down each path. By understanding these options, veterans can navigate the process more confidently, improving their benefits journey while pursuing a higher quality of life.
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Path 1: Self-Representation (“DIY”):
Self-representation involves veterans handling their claims independently without assistance from government-accredited representatives. While it offers complete control over the process and can be cost-free, it may require more of your time and attention than the other paths. This path is best suited for veterans who are comfortable taking on the added work of understanding and navigating Veterans Affairs (VA) systems. Veterans may lighten this load by hiring professional services to help with important parts of a claim, such as medical evidence. In this path, it is ultimately the sole responsibility of the Veteran to provide medical evidence in support of their claim. It is also their right to bring private medical evidence.
Pros: Offers complete control over your claim and the medical story you present to the VA.
Cons: It’s ultimately the responsibility of the Veteran to follow VA regulations and provide evidence in support their claim.
Best for: Veterans comfortable with paperwork and open to learning new terminology; Veterans willing to work with specialists to produce the most complete and accurate picture of their disability may also do well on this path.
Timeline: Varies depending on complexity but can take 6-18 months.
Path 2: Veterans Service Organizations (VSOs):
VSOs provide free services to veterans, offering representatives who have experience in VA procedures and access to special VA tools, like the Veterans Benefits Management System (VBMS). They may assist in evidence gathering and navigating claims on behalf of Veterans. Despite potential delays due to high caseloads, VSOs are ideal for veterans seeking guidance and representation that is completely free.
Pros: Free services with representatives familiar with VA procedures.
Cons: VSOs may have high caseloads, leading to potentially longer wait times. VSOs may not be focused on or have the capacity to compile the most complete medical evidence in support of a claim.
Best for: Veterans seeking free representation and basic guidance throughout the process.
Timeline: It varies by complexity of the case, but may be faster than other paths due to the representative’s expertise in the VA claims filing process
Path 3: VA-Accredited Claims Attorneys:
VA-accredited claims attorneys specialize in VA law and handle complex claims on behalf of veterans. Like VSOs, they have special privileges when it comes to filing claims and accessing key VA systems. Unlike VSOs, they charge for their services. While VA-accredited attorneys can assist with filing initial claims, many focus on appeals as they can only charge for their services after a claim has been denied.
Working with attorneys who have expertise in negotiating disability claims may yield higher success rates for Veterans who have been denied or underrated. However, this success may come with hefty fees, and it’s not always certain attorneys have the medical expertise that leads to an accurate VA rating. This path may be useful to veterans who have already filed a claim but were dissatisfied with the result, including those with complex claims who seek professional legal representation to maximize their benefits.
Pros: Expertise in VA law and handling complex claims. Accredited attorneys often achieve higher success rates and negotiate benefits on your behalf.
Cons: This may involve costs, sometimes very large percentages of backpay when the Veteran receives an increased rating. Attorneys may lack medical expertise necessary to provide a complete picture of your disability and related symptoms. Even after multiple attempts, Veterans may still have an inaccurate rating due to incomplete evidence.
Best for: Any veteran dissatisfied with the VA’s initial claim decision, including veterans with complex claims seeking experienced legal representation to maximize benefits.
Timeline: It depends on the complexity of each case. Remember that attorneys may earn larger sums in cases that take longer to resolve.
Path 4: Claim Sharks (Non-Accredited, Non-Medical):
“Claim sharks” refers to non-accredited entities that offer assistance with VA claims, often with a complete disregard for federal regulation. They’ve been known to engage in illegal and dishonest activity such as: Charging exorbitant fees upfront, promising increased ratings and guaranteeing success; and harming veterans’ claims by submitting inaccurate information. It’s strongly advised to avoid claim sharks entirely, as they may not have veterans’ best interests at heart.
Pros: None. Absolutely avoid claim sharks.
Cons: Often charge exorbitant upfront fees, lack medical and legal expertise, and may harm your claim by submitting inaccurate information.
Best for: No one.
Timeline: Uncertain.
Additional Tips for Navigating the Paths to File VA Disability Claims
Choosing Your Path:
The best path depends on individual needs, including claim complexity, research skills, budget, and yes, patience. By carefully considering these factors, veterans can make informed decisions that align with their goals and preferences. Whichever path Veterans choose, they have the right to bring private medical evidence to their claim, ensuring that decision makers get the most complete and accurate picture of their disability and related symptoms.
Appeals Process:
In the event of a claim denial, veterans have the right to appeal the decision. Understanding the appeals process is essential for navigating this stage effectively. Filing a VA claim can be a life-changing experience, improving your access to healthcare, job training, and financial compensation. By understanding the available paths and their pros and cons, you can make an informed decision and navigate the process more confidently.
Remember, veterans deserve the support they’ve earned. Trajector Medical’s medical evidence development helps you secure the benefits you legally and medically deserve, enhancing your overall well-being. Additionally, if your claim is initially denied, there are organizations who can help you through the appeals process.
