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Most Common VA Disability Delays

Military to Civilian Transition

It is not unusual for Veterans Affairs to make errors when judging claims regarding disability benefits. It can make an already lengthy process take even more time for you. Some mistakes occur more repeatedly than others. Here we will ensure you know the most common VA errors and what you can do during the disability claims and appeals process.

Examinations for Payment and Allowance

Unfortunately, examinations for payment and allowance conducted by someone other than a licensed physician are common practice. It is essential to know that nurses or physician's assistants are not qualified to make these crucial decisions yet are often involved in the process. VA examiners must include a reason and evidence for any opinions they provide. If the doctor only lists medical information that does not support the claim, it can result in delay or even denial. VA can claim that they ignored favorable details. You can firmly argue that the examination results are invalid if any of these errors exist in the case. Make sure a licensed medical doctor examines you to ensure the validity of your claim.

Effective Dates

The date that a benefit becomes effective is the start date for the payment of disability compensation. It is crucial to know that the date of the claim is correct as it results in how much you will receive as a veteran in retro payments, commonly referred to as back pay. There are many times when VA assigns the wrong effective date. In this case, you may need to appeal the decision. You can protect yourself by gaining professional assistance when it comes to making sure information is accurate. For instance, if you live in California, it may be helpful to have a court reporter Sacramento who can accurately document the initial hearing to avoid further errors and delays.

Mental Health Conditions

The VA has criteria for rating mental health conditions. It is expansive as it encompasses numerous levels of impairment. It may be more advantageous for some people and not for others. Your disability claims regarding mental health can be full of errors when the VA adds qualifiers as symptoms to a mental health condition. An example is when a veteran claims to have trouble starting or maintaining relationships. They can question validity when the veteran is already married and has children, leaving room for error when deciding disability claims. Having someone to help advocate for you in these scenarios is essential to your benefit.

Orthopedic Assessment

VA will rate your orthopedic condition based on the range of motion in diagnostic testing. When assessing orthopedic conditions, VA examiners should also consider functional loss, flare-ups, and how your disability impacts your daily life. They should also consider operating loss due to pain. The VA must consider these aspects when judging claims for orthopedic conditions. If not, you should respond accordingly. It may be worthwhile for you to request a copy of their examination. You can argue that it is insufficient if the analysis does not include information about functional loss and flare-ups. You should ensure that the examiner's report accurately reflects what they reported regarding the severity and symptoms you are experiencing. If not, you can submit an argument showing evidence to the contrary. A knowledgeable attorney may be of help in these cases.

Make sure you know these critical points to help you get the benefits you have earned and deserve promptly. Your knowledge enables you to participate comprehensively in the claims process. It will allow you to have a streamlined and transparent experience. Your proactive due diligence will prevent the process from being overly complex and lengthy.

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