why-are-veteran-disability-claims-delayed-and-denied (2023)

FAQs

Why is my VA disability claim taking so long? ›

The time it takes to review your claim depends on these factors: The type of claim you filed. How many injuries or disabilities you claimed and how complex they are.

You've been waiting months to be able to qualify for VA disability benefits, after completing the long and arduous process of filing a claim. Then suddenly, you get the news: The Department of Veterans Affairs (VA) has denied your claim. Believe it or not, each year, the VA denies around 30% of disability claims.

How long does it take the VA to make a decision? On average, it takes about 134.4 business days to complete disability-related claims.

A deferred claim typically means your claim lacks sufficient evidence. A claim becomes confirmed and continued only after additional evidence has been provided, but VA decides it is not “new and relevant,” meaning it offers no additional insight into your condition at the time of your claim.

For veterans waiting for disability compensation, a huge backlog could mean waiting into 2022 and perhaps beyond. This backlog includes pension claims and disability compensation that requires a VA rating to process and approve.

As of June 2021, the average time it takes for the VA to issue a decision on VA benefits is 134.4 days. If your application is denied and you want to complete the appeals process, it will take approximately 125 days for a Supplemental Claim or Higher-Level Review and more than one year for a Board Hearing.

The number of backlogged claims, defined as those older than 125 days, at the VA is 144,021 -- more than twice the number at the start of the COVID-19 pandemic but down from a recent high of more than 211,000. The 144,000 claims represent 22% of all the VA's current claims workload of 429,000, according to McDonough.

Generally, you can expect to receive a VA rating decision within 30 business days of the Preparation for Decision phase.

Veterans can file a Priority Processing Request using VA Form 20-10207 to ask VA to address their claim in a more expedient manner. In order to be eligible, veterans must submit documentation, if not already on file, indicating that they meet one of the following criteria: Experiencing extreme financial hardship.

Are VA claims being processed faster? ›

“When it comes to benefits vets have earned and deserve, we're processing their claims faster than ever before,” McDonough said during the NPC Headliners Luncheon in Washington, DC, Monday.

Generally, you are eligible for back pay from the first day of the month following your “effective date” for benefits. In most cases, your effective date is when the VA received your disability application.

You Did Not Submit Enough Evidence of Your Disability

If a Veteran does not submit enough proof about their disability in their VA claim , the VA will likely deny their claim.

A deferral is neither an approval, an award, or a denial. By issuing a deferral, VA's placing your claim on hold and requiring further evidence or other development to be completed before it will make a decision. VA will try to obtain the information it needs to issue a decision, either granting or denying benefits.

After the Rating Veterans Service Representative has attempted to secure all the records (or evidence) required by law, he/she reviews your file and makes a decision on the claim according to the law and the particular facts in your case.

After your VA C&P exam, and once your claim is complete, the VA estimates it could take 3-4 months before you hear a decision.

No, there aren't any VA disability claims that cannot be proven. In fact, all VA claims must be proven on an “at least as likely as not” basis. If you have no evidence (no proof), your VA claim will get denied.

If your claim is “under review,” this means that a VA representative is reviewing it to find out if any more evidence is needed. During this stage, the VA representative will also analyze the results of your VA Compensation and Pension exam.

VA deems a disability “permanent” when it is reasonably certain, based on medical evidence that the level of impairment will continue for the rest of the veteran's life.

Don't Lie or Stretch the Truth. This is a big one. Don't ever lie or stretch the truth when it comes to your VA disability claim. At your C&P exam, you should think, look, act, and speak as you would on a normal day.

Can you check the status of your VA disability claim? ›

Once I'm signed in, how do I check my VA claim or appeal status? Go to your "My VA" dashboard. You'll find the link for this dashboard in the top right corner of the page once you're signed in. Scroll down to the "Track Claims" section.

There are 1,343,013 disabled veterans service-connected for Hearing Loss. Pro Tip: If you've been out of the military for more than 12 months, Hearing Loss is one of the most difficult claims to get service connected and rated above 0%.

To qualify for disability benefits, a person must not be able to engage in substantial gainful activity (SGA) earning up to a certain amount. If you are able to make more than the SGA, then you will not qualify. For 2022 the threshold is $1,470 per month. For an applicant who is statutorily blind the amount is $2,460.

What Is the Most Approved Disability? Arthritis and other musculoskeletal system disabilities make up the most commonly approved conditions for social security disability benefits. This is because arthritis is so common. In the United States, over 58 million people suffer from arthritis.

How Long Will it Take? That's a great question, but there is no exact timeline for deferred decisions. It may only take a few months for the VA to render a decision, or it could take a year or more. It's one of the reasons why it's so important to seek consistent medical treatment for your conditions.

Sign in to get your VA benefit letters

Sign in with your existing Login.gov, ID.me, DS Logon, or My HealtheVet account. If you don't have any of these accounts, you can create a free Login.gov or ID.me account now.

Answer. Almost everyone who is approved for disability gets backpay, whether the claim is for SSDI or SSI, or both.

Back pay is received as a lump sum, while future benefits are paid monthly. Since 2011, the SSA has required that all disability recipients have a bank account to receive payments via direct deposit.

In 2021, 8.3% of veterans with service-connected disabilities had a combined rating of 90%, while 16.9% had a combined rating of 100%.

Does the VA always deny claims? ›

The Veteran Affairs website reports that 75 percent of all initial applications for VA benefits are denied. These applications are often denied because they have incomplete information or lack necessary documentation. Other reasons for denial include: Not enough evidence to support your disability.

It's nearly impossible for you to win VA disability benefits unless you hire an experienced veterans disability lawyer. MISTAKE #3: Failing to submit detailed statements from your friends and family members. It is important to document your symptoms and how they have affected your life.

As you might expect, it is difficult to obtain a 100% VA disability rating with just one service-connected disability. Most veterans who receive a 100% rating have two or more disabling conditions. Often, these conditions have a secondary service connection.

The VA will require a reexamination if a veteran's disability is likely to have improved or if evidence indicates a disability rating is wrong. The VA must send a notice of the reevaluation exam either by mail or over the phone and give you 60 days to respond.

According to this table, if you have a disability rated at 70%, you would need a subsequent disability rating between 85 and 90% to achieve a total rating of 100%. You may consider filing a claim for an additional service-connected condition that could combine to equal a higher rating.

Revaluating VA Disability Ratings

Once you turn 55, you are typically "protected" and will no longer have to attend an exam to prove that your condition has not changed unless there is reason to suspect fraud. This is sometimes called the 55-year rule.

100% Individual Unemployability (TDIU)

In cases where a veteran's depression is so severe they are unable to secure and maintain substantially gainful employment, they can apply for total disability based on individual unemployability (TDIU) benefits.

Recipients of SSI will lose benefits if their income or assets exceed the SSI eligibility thresholds. In 2021, the limit is $794 per month for countable income, while the limit for assets is $2,000.