When you don’t have all the information you need, filing for VA disability compensation and getting the full benefits you deserve can be difficult. Below, we share eight VA disability secrets and tips you may not know that could help your claim and help you navigate finding representation.
In this article about VA disability secrets
VA disability secrets for vets seeking professional help with a claim
1. Not everyone can legally help veterans with their VA disability claims.
While a quick Google search will show you hundreds of sites offering their services to veterans, not everyone is properly trained or even legally allowed to charge vets for help with their disability claims.
If you are paying for help with a VA disability claim, you should be sure the person assisting you is a VA-accredited attorney, VSO, or claims agent. You can always search for a representative through the Office of General Counsel to make sure they are accredited.
Most scammers will have other “tells,” like talking around their accreditation, offering confusing and misleading payment models, and more.
2. VA-accredited attorneys may work nationwide, but are bound by certain state rules and ethics.
Many VA disability lawyers are able to work nationwide because they do not need to enter a physical courtroom with their clients, and VA law does not change from state to state. However, lawyers must still abide by certain laws and ethical rules in the state they operate in.
For example, Woods and Woods is headquartered in the state of Indiana. This means our firm is bound by the Indiana Rules of Professional Conduct, which state, “Truthful statements that are misleading are also prohibited by this Rule… a communication will violate Rule 7.1 if it: … (2) contains statistical data or other information based on past performance or an express or implied prediction of future success.”
This is why you won’t find our success rate on our website. These rules of conduct also prevent us from calling ourselves experts. VA disability lawyers practicing in other states have their own rules to follow.
3. Filing for TDIU on your own is more complicated than it seems.
Filing for VA unemployability benefits is done through a special form, 21-8940. This may seem straightforward, but how, when, and even if you complete this form can be detrimental to your claim and its effective date. Submitting this form with information that is inaccurate or contradicts other information previously submitted to the VA can cause significant issues for your claims.
A VA-accredited attorney may be able to better help you navigate the complicated TDIU process.
VA disability secrets for getting your earliest effective date
4. Preserving your original effective date can put thousands of additional dollars in your pocket.
Because veterans receiving VA disability compensation average more than six service-connected conditions each, keeping track of your claims can become confusing fast. Not to mention there’s no limit to the amount of claims you can file, and the VA’s newer AMA system offers several different routes for veterans appealing a claim. All these options have the ability to both help or hurt your claim.
It’s possible to lose your effective date by not filing an appeal by your deadline, or by filing a new claim for a condition you’ve already filed a claim for. Organizing and keeping careful track of your claims, saving paperwork, and using a calendar or reminders can help you preserve your earliest possible effective date. That earlier effective date can mean thousands of added dollars in your pocket.
5. An intent to file can save your effective date while you get your claim ready.
An intent to file (ITF) is essentially an official memo to the VA explaining that you intend to file a VA benefits claim within the next year.
It may seem counterproductive to spend time filling out one form just to buy yourself a little more time to fill out another. However, if you file within a year of your ITF, you should be paid back to the date of the receipt of the ITF, not the date of your claim. And when you consider that some veterans are getting over $3,831.30 a month in VA disability payments, you start to see why buying yourself even a few months can add up quickly. This also gives you time to be thorough and careful in your VA application and evidence gathering for your claim without losing out on the benefits you deserve.
6. The VA’s system doesn’t work quickly, so it’s never too soon to apply.
It’s no VA secret the department works slowly due to a growing backlog of claims, insufficient staffing, and more.
The current average wait time for a decision to be made on your initial claim is between three and four months, and that does not include how long you will wait if you disagree with the VA’s decision and need to appeal. Appeals typically take much longer. Not to mention you may have to appeal multiple times to finally get the service connections and ratings you deserve.
That’s why, although some vets may consider waiting to apply for VA disability until their conditions are more severe, it’s never too soon to file a claim for your service-connected disabilities. There is even a process to file a pre-discharge claim through the BDD program, which could allow you to begin collecting benefits the day you leave service.
“They have shown me nothing but professionalism and quick responsiveness to any situation. Without this firm, I truly believe I would not have gotten all the benefits that I was eligible and entitled to receive. I have referred 16 veterans to this law firm.”
N.S.
VA disability secrets for getting the full benefits you’re owed
7. There are many ways you could be eligible for VA disability without ever seeing combat.
While not a VA secret, there are misconceptions about who is eligible for VA disability compensation or who is considered a “disabled veteran.” Some veterans may feel they shouldn’t apply for benefits because they never saw war. However, any veteran with a service-connected condition incurred during active duty, active duty training, or inactive duty training is eligible for the benefit.
This means an accident or injury during your training and non-combat stressors like MST or witnessing someone else get harmed can qualify you for VA disability just the same as incidents during combat can.
Veterans with service-connected conditions can and should claim the benefits they deserve for their sacrifice for our country regardless of whether they saw combat.
8. You should be thinking about your conditions collectively.
As we previously noted, the average veteran has more than six service-connected conditions. It’s not hard to imagine why when you consider the extreme physical, mental, and emotional toll service can have, and the ways your conditions or medications may create new or worsened issues.
Veterans may go into the VA disability application process prepared to apply for one condition they believe is connected to their service. However, it’s worthwhile to talk with your doctor and any legal representative about your health holistically. It’s possible you don’t realize a health condition you’re experiencing could be secondarily related to something else that’s directly service connectable. It’s best to not always assume you know exactly what is and isn’t service connected, and sharing the bigger picture of your overall health and medications with professionals has the potential to increase your benefits.
Talk to Us About Your Claim:
(812) 426-7200
Neil Woods
VA disability attorney
Woods & Woods
Neil Woods is the firm’s owner and president. He received his law degree from Western Michigan University.
