Posted on October 27, 2023 in Uncategorized

Do you ever wonder why the VA gives you a single rating when you're service-connected for more than one mental health condition? Or why you might receive a combined rating for a mental health condition and Traumatic Brain Injury (TBI)? The answer lies within the VA's anti-pyramiding rule, and today, on VA Made Easy, we're here to break it down for you.

The VA's Rating System: Separation is the Norm

In the world of VA ratings, the general rule is that all disabilities are rated separately. However, there's one crucial exception to this rule – the anti-pyramiding provision. So, what exactly is anti-pyramiding? It's essentially a rule that prevents veterans from being compensated more than once for the same disability or the same set of symptoms.

Imagine you're dealing with two service-connected mental health conditions, such as bipolar disorder and PTSD. The VA has assigned you a single rating of 70% for both conditions, but you believe you should receive two separate ratings because these are two distinct mental health issues. While that's a valid point, it's essential to understand that mental health conditions often share overlapping symptoms. To navigate the anti-pyramiding rule successfully, you'll need solid medical evidence demonstrating that these conditions manifest different symptoms.

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 Posted on October 17, 2023 in Uncategorized

Introduction:

Veterans with Other than Honorable (OTH) discharges often find themselves facing barriers to accessing VA disability benefits. While the prevailing wisdom suggests that obtaining a discharge upgrade is the only way to become eligible for these benefits, the reality is more nuanced. Many veterans with an OTH are entitled to VA disability benefits, even if they've been wrongly denied or misinformed. In this article, we will explore when a veteran with an OTH qualifies for disability compensation and what steps to take if you've been unjustly denied.

Understanding VA Disability Compensation Eligibility:

The eligibility for VA disability compensation hinges on the character of a veteran's discharge. Veterans with an honorable, general, or uncharacterized discharge usually have no issues accessing VA benefits unless they fall into specific regulatory and statutory bars. However, for those with an OTH, Bad Conduct discharge from a special court-martial, or some uncharacterized discharges, the VA has the discretion to decide if their service is honorable enough to merit VA benefits. This process is known as a Character of Service Determination, which evaluates whether the veteran's discharge conditions are dishonorable or honorable for VA purposes.

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 Posted on October 12, 2023 in Uncategorized

Introduction:

The recent VA announcement revealed that approximately 150,000 of the 450,000 PACT act claims granted received a 0% rating, and the majority of these claims were related to hypertension, a new presumptive condition for Agent Orange exposure. A staggering 82.1% of hypertension claims ended up with a 0% rating, and it was discovered that 27% of these cases were due to mistakes made by the VA's Automated Benefits System. That's right, computers are now involved in rating your VA claims, and when it comes to hypertension claims, they faltered in over a quarter of them.

So, if you find yourself in the 0% rating category and are wondering what to do next, keep reading. We'll not only explore how to change a 0% rating but also delve into what it means and the valuable benefits it can offer.

Understanding the 0% Rating:

First things first, a 0% rating does not equate to your claim being denied. Instead, it signifies that the VA has recognized your disability as service-related but doesn't believe the symptoms are severe enough to warrant a compensable rating. In simpler terms, the VA acknowledges your condition but doesn't deem it serious enough to provide compensation.

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 Posted on October 03, 2023 in Uncategorized

Full video: https://www.youtube.com/watch?v=ajsBuLN2V4Y

Many veterans wonder how to expedite their VA claims or appeals, hoping to get a quicker resolution. While the VA operates on a first-come, first-served basis, there are strategies to qualify for expedited or priority processing. Don't expect overnight results, but you can significantly reduce waiting times. In this guide, we'll explore ways to accelerate your VA claim based on your unique situation.

1. Demonstrating Severe Financial Hardship: If you're facing extreme financial hardship, such as eviction, foreclosure, past-due utility bills, or bankruptcy, you can request priority processing. It's crucial to provide supporting evidence like eviction notices or past-due bills along with VA Form 20-10207.

2. Age Over 85: Veterans aged 85 or older with claims/appeals at the regional office receive priority processing without the need for additional documentation-simply provide your date of birth.

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 Posted on September 29, 2023 in Uncategorized

Introduction:

Ever wondered if you can juggle a 100% VA rating and a job? Well, you're not alone. Many folks have the same burning question. Today, we're diving deep into the VA rating world to shed some light on this intriguing topic. So, can you still work and receive a 100% VA rating? The answer isn't as simple as ‘yes' or ‘no.' Buckle up; we're about to embark on this enlightening journey.

Understanding the 100% VA Rating:

There are several routes to achieving a 100% VA rating. The first two paths involve having one disability rated at 100% or a combined rating of 100%. In these scenarios, you're not barred from working and earning an income. You could even rake in a million bucks a year and still get your VA service-connected disability benefits. But, here's the catch: some disabilities, like PTSD at 100%, imply severe symptoms that hinder your ability to work. If the VA gets wind of you working while holding a 100% rating, they might reevaluate your disabilities and potentially reduce your rating. However, don't fret just yet – we'll save the discussion on reductions for another time.

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 Posted on September 27, 2023 in Uncategorized

So, you've taken the crucial step of applying for VA compensation benefits, and now you're gearing up for a Compensation and Pension Exam, also known as a C&P exam. This exam plays a pivotal role in determining your diagnosis, assessing the severity of your condition, and establishing its connection to your service. It's a critical juncture in your claim process. To ensure you make the most of this opportunity, here are six indispensable tips to help you ace your VA Compensation and Pension Exam.

1. Know What's on the Exam Agenda:
- Understanding the purpose of your C&P exam is the first step to success. When contacted by third-party contractors like QTC or LHI to schedule the exam, ask them which disability is being assessed. Collaborate with your VA representative to review the medical questions the VA has provided to the examiners. Sometimes, the exam might cover multiple conditions, so clarity is key. Don't hesitate to answer any questionnaires sent by the examiners in advance.

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 Posted on September 26, 2023 in Uncategorized

Ed breaks down the three ways you can potentially still work and keep your 100% disability rating.

https://www.youtube.com/watch?v=44jtirWncVQ

Audio only version:

Full Transcript:

Ed Farmer [00:00:00]:

Clients usually ask me, Ed, if you get me a hundred percent rating, can I still work? And the answer is yes. But there's some considerations you should take into account. Let's get into it. Hi, I'm Edward Farmer. I'm a disabled veteran and a VA disability appeals attorney.

Ed Farmer [00:00:17]:

I'm creating this podcast, VA Claims Made Easy, to help veterans navigate their own.

Ed Farmer [00:00:23]:

Way through the VA disability system. So there's several ways you could be 100%. One way is to have one rating at 100% or a combined rating at 100%. In either one of these scenarios, there is no VA rule or regulation against working. You could make a million dollars a year, and you could still keep your 100% from the VA. Something you got to keep in mind is many of these disabilities are rated based on your occupational impairment caused from that disability. For instance, to get 100% rating for PTSD, you need total occupational impairment. Now, you could have 100% rating for PTSD and still go out and work.

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 Posted on September 21, 2023 in Uncategorized

Ed breaks down five tips (and one bonus tip) on how to ace your VA Compensation and Pension exam.

Audio only version:

VA Forms from this video: https://www.va.gov/find-forms/about-form-20-10206/

Full Transcript:

Ed Farmer [00:00:00]:

So you filed your claims, and now you're being scheduled for exams. Today, I'm going to give you five tips on how to ace your VA CMP exam. Stick around to the end. I give you one bonus tip. Hi, I'm Edward Farmer. I'm a disabled veteran and a VA disability appeals attorney. I'm creating this podcast, VA Claims Made Easy to help veterans navigate their own way through the VA disability assistance. So you guys have filed your claims, and now you're being scheduled for exams.

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 Posted on September 12, 2023 in Uncategorized

Did you know you can maximize your VA benefits? Learn how to use favorable findings to get an earlier effective date and put more money in your pocket!

Audio only version:

Full Transcript:

Ed Farmer [00:00:00]:

Hey, guys. You want to maximize the amount of money you put in your pocket? Today, I'm going to teach you how to use favorable findings to push back your VA effectiveness. Hi, I'm Edward Farmer. I'm a disabled veteran and a VA disability appeals attorney. I'm creating this podcast, VA Claims Made Easy, to help veterans navigate their own way through the VA disability system. It. Welcome back to VA made Easy. I'm Ed Farmer.

Ed Farmer [00:00:29]:

Thank you for all your subscribers, all the likes. Keep those comments coming. Today we're going to discuss how to get an earlier effective date using Favorable findings. The last major update to the VA appeal system came in 2017 with the Appeals Modernization Act, or the AMA. One of the many changes that AMA made is the notice requirements of decision letters. Now, the VA has to specify what favorable findings they made in terms of your decision. Now, guys, just want to clarify that these changes come to decisions that were decided after February 19, 2019. So what is a favorable finding? The VA setting, what elements of service connection you have already met.

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 Posted on September 06, 2023 in Uncategorized

Your VA Claim got denied? There are three appeals tracks under the Appeals Modernization Act. Find out whether to use the supplemental claims, go to the higher review, or all the way to the Board of Veterans' Appeals. Ed also touches on the split appeal and when is the right time to use that instead.

Audio only version:

VA forms from this episode:

To provide new evidence after denial use Form 20-0995 https://www.vba.va.gov/pubs/forms/vba-20-0995-are.pdf
To apply for VA benefits for a new condition use Form 20-526EZ https://www.vba.va.gov/pubs/forms/vba-21-526ez-are.pdf
To initiate higher level review use Form 20-0996 https://www.va.gov/find-forms/about-form-20-0996/
To initiate a Veterans' Board Appeal use Form 10182 https://www.va.gov/find-forms/about-form-10182/

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