To appeal a VA decision, there are three options: file for a higher-level review, file a supplemental appeal, or appeal directly to the BVA.
Can a Veteran Be Denied VA Benefits?
The VA can deny a veteran’s claim for benefits for multiple reasons. However, veterans can appeal a denial. Learn more here.
Am I eligible for VA disability with a clemency discharge?
In short, no. Clemency does not change your discharge characterization. However, you may be able to upgrade your DD214 to get VA benefits.
What is an incapacitating episode?
Some veterans suffer from incapacitating episodes. The more frequent the episodes are, the higher the VA rating you qualify for.
Can I get SSDI with 100%?
Veterans can receive Social Security Disability Insurance (SSDI) with a 100% VA rating. The Social Security Administration works independently from the VA. This means your rating from the VA will not negatively impact your SSDI claim. In fact, your rating can be used to help your case as evidence of your disability. Since the programs […]
Can I get SSDI with TDIU?
A veteran can receive Social Security Disability Insurance (SSDI) alongside total disability based on individual unemployability (TDIU) benefits. The Social Security Administration (SSA) and the VA work independently of one another, meaning that a decision from one agency will not impact the other. Also, the amount veterans receive in SSDI benefits will not be reduced […]
What is new and relevant evidence?
New and relevant evidence in a veterans disability claim is evidence not previously submitted to the VA for consideration that tends to prove the facts at issue in a claim. New and relevant evidence is part of the new disability benefits appeals process put in place by the Appeals Modernization Act (AMA). The AMA system […]
How can I tell if my VA disability rating is permanent?
The VA assigns a permanent rating when a veteran has a service-connected condition that isn’t expected to improve. However, award letters do not always make it clear if your rating is permanent. If your award letter states “no future examinations scheduled,” that’s a good indication your rating is permanent. Since permanent ratings are generally not […]
What is a C-File?
A C-file, or claims file, contains all the documents related to a veteran’s VA claims. It includes all evidence and forms the veteran has submitted and all documents the VA has created. This includes, but is not limited to, a veteran’s DD214, medical records, lay statements, service records, rating decisions, denials, and appeals. Essentially, the […]
What is a 21-4140 form?
The 21-4140 form is a form that the VA uses to confirm the employment status of veterans receiving total disability based on individual unemployability (TDIU). TDIU benefits are determined by whether the veteran can maintain substantially gainful employment. That means the VA will only continue these benefits as long as the veteran’s employability status does […]