Can a Veteran Receive Both VA and Social Security Benefits? Veterans can qualify for both VA and Social Security benefits. Frequently, veterans apply for both VA and Social Security benefits. However, VA and Social Security benefits have different requirements.
VA benefits for veterans
VA benefits or service-connected disability, have specific requirements. You must show that your disabling condition was “incurred or aggravated by your military service.” You will not qualify for VA benefits if you have a dishonorable discharge. You can receive partial disability benefits from the VA. VA disability compensation rates range from 10-100%, in 10% increments.
Social Security benefits
Social Security has two types of benefits, disability insurance benefits (SSDI) and supplemental security income benefits (SSI). Under SSDI, you must have worked and earned at least 20 work credits. Generally, this means you must have worked at least 5 out of the last 10 years. Under SSI, you do not need any work credits. However, you must meet certain financial requirements. You must show that your medical conditions keep you from working for at least 12 months. Unlike VA benefits, Social Security doesn’t offer partial disability.
Applying for both VA and Social Security benefits
If you get approved for one benefit, it doesn’t increase your chances for getting approved for the other. Social Security and the VA follow different rules. However, Social Security considers medical evidence from the VA. Similarly, the VA considers your Social Security records.
Expedited processing for veterans
Fortunately, Social Security can fast-track certain cases for veterans. Social Security expedites processing for veterans with a 100% VA rating. You should identify as a “Veteran rated 100% P&T” when filing your application. You should also include your VA rating notification letter. Additionally, Social Security fast-tracks case for Wounded Warriors. You should tell Social Security that your injuries happened while on active duty.
Application process for VA benefits
Both the VA and Social Security reviews medical records. The VA uses military doctors and other health personnel to evaluate your disability claim. The VA may ask you to attend a claim exam, known as a C&P exam. This exam helps the VA rate your disability. Additionally, the VA assigns a disabling rate to each of your conditions. These rates determine your Total Combined VA disability rating. The VA uses this rating to figure out the amount of your benefits.
Application process for Social Security benefits
Unlike the VA, Social Security doesn’t rate your conditions separately. Social Security looks at how the combination of your conditions impacts your functioning. First, they consider if any of your conditions meet certain conditions under their listing of impairments, known as the “Blue Book”. Most conditions will not meet these strict requirements. Next, Social Security considers your residual functional capacity or RFC. Your RFC includes both physical and mental limitations. If Social Security determines that your conditions keep you from working, they will approve your disability claim. Like the VA, Social Security may ask you to attend a medical exam to help evaluate your claim.
Disabled veterans and your age
Social Security has special disability rules the older you are. They look at a chart known as the Medical-Vocational guidelines to evaluate your claim called the “grid rules.” The grid rules make it easier for older people to win their case. Social Security considers your age, education and work background. The older you are, the easier it can be to win your case.
How much can I get from VA and Social Security benefits?
As discussed, the VA calculates your payments based on your Total Combined VA disability rating. Social Security uses a complicated formula based on the amount of earnings you paid taxes on. Therefore, everyone’s amount is different. VA benefits will not affect your SSDI payments. In other words, you can receive both payments in full. Unfortunately, any VA benefits will reduce your SSI payments.
VA and Social Security medical benefits
Veterans receiving VA disability automatically receive TRICARE benefits, which cover health costs found “medically necessary” for your condition. SSDI recipients qualify for Medicare benefits which start two years after Social Security finds you disabled. Medicare covers a variety of medical costs, usually regardless of a specific condition. SSI recipients receive Medicaid benefits. If you receive both TRICARE and Medicare, Medicare becomes your primary insurance. However, if you receive both TRICARE and Medicaid, TRICARE becomes your primary insurance.
Can a veteran work and receive both VA and Social Security benefits?
If you are working, you may not qualify for Social Security disability. Social Security considers work earnings over a certain amount “substantial gainful activity” or SGA and if you earn over the SGA limit, you will not qualify for Social Security disability. For 2021, SGA is earnings $1,310 per month or more (before taxes). You can still qualify for Social Security disability benefits if you earn less than SGA. However, any work may make it harder for Social Security to approve your claim. Unlike Social Security, veterans can work while receiving VA disability benefits unless you receive Total Disability Based on Individual Unemployability (TDIU.)
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Disabled veterans can receive both VA and SSDI benefits. In fact, it is common for veterans to apply for both SSDI and VA disability benefits. However, some veterans receive VA disability benefits before applying for SSDI.
What is SSDI?
Social Security disability insurance benefits or SSDI require that you have worked and earned enough work credits. You receive work credits each year that you work and pay taxes. Generally, you need to earn a total of 20 work credits to qualify for SSDI. Additionally, you must meet a recent work test. Like other insurance programs, SSDI coverage ends after a certain amount of time from when you stop working. SSDI also requires that your medical conditions keep you from working for at least 12 months. Call us now if you are a Veteran and Want to Receive both VA and SSDI.
What is the difference between VA and SSDI?
Social Security doesn’t offer partial disability benefits. Your medical conditions must prevent you from working on a full-time basis. Unlike SSDI, VA disability benefits don’t require total disability. Veterans receive compensation rates based on the degree of your disability. The compensation rates range from 10-100%, in 10% increments. Call us now if you are a Veteran and Want to Receive both VA and SSDI.
SSDI expedited processing for veterans to receive both VA and SSDI.
Veterans may qualify for expedited processing for Social Security disability claims. You may receive expedited processing under:
100% Permanent and Total Veterans Initiative – you should identify yourself as a “Veteran rated 100% P&T” when filing your SSDI or SSI application. You also should provide the VA rating notification letter to Social Security
Wounded Warriors – if you received disabling mental or physical health injuries while on active duty on or after October 1, 2001, you are eligible for SSDI or SSI expedited application processing. You don’t need to have been injured during combat operations. You should tell Social Security that your injury occurred while on active duty.
What are the medical requirements for SSDI?
First, Social Security considers whether your medical conditions fall under their listing of impairments, known as the Blue Book. Typically, the Blue Book requires that your medical conditions meet very specific requirements. If you don’t meet the listings, Social Security considers your residual functional capacity or RFC. An RFC includes both physical and mental limitations. Social Security looks at your medical evidence to determine your RFC. They can also consider the opinions of your doctors. Call us now if you are a Veteran and Want to Receive both VA and SSDI.
What medical evidence do veterans need for SSDI?
Your medical evidence should include records only for the period of time that you became disabled and unable to work. Your treatment should also be continuous and ongoing. The VA and Department of Defense (DOD) share medical records electronically with Social Security. Social Security also considers any treatment veterans receive from civilian doctors. Medical evidence can include:
Treatment notes and physical examinations
Imaging such as MRIs, x-rays, CT scans or nerve testing
Blood work or biopsy results
Pulmonary tests
Mental health records
SSDI “Grid Rules”
Social Security has special disability rules the older you are. They look at a chart known as the Medical-Vocational guidelines to evaluate your claim called the “grid rules.” The grid rules make it easier for older people to win their case. Social Security considers your age, education and work background. The older you are, the easier it can be to win your case. Call us now if you are a Veteran and Want to Receive both VA and SSDI.
Example 1: applying the grid rules for veterans over age 50
For example, John, a 53 year old veteran, applied for disability due to arthritis in his knees. John underwent a total knee replacement but continued to have pain and swelling in both knees. He previously worked in a factory. John received most of his treatment at the VA hospital. His medical records included MRIs and x-rays of his knees. His doctors also documented that he required the use of a cane due to his symptoms. Social Security found that he could not return to work in the factory. Since he is over the age of 50, the grid rules allow Social Security to approve his claim.
Example 2: applying the grid rules for veterans over age 55
As another example, Chris, a 58 year old veteran, applied for disability due to a right shoulder impairment and degenerative disc disease in his spine. Chris previously worked as a truck driver. However, he was unable to load and unload the trucks due to his pain symptoms. Chris received treatment from both the VA hospital and civilian doctors. His medical records documented his pain symptoms and limited motion in his shoulder and back. Social Security found that he could not return to work as a truck driver. Since Chris is over the age of 55 and he could not return to his past work, Social Security approved his claim.
Working disabled veterans can receive both VA and SSDI.
If you are currently working, you may not qualify for SSDI. Social Security considers work earnings over a certain amount “substantial gainful activity” or SGA. If you earn over the SGA limit, you will not qualify for SSDI. In 2020, earnings S1, 260 per month or (before taxes) are considered SGA. Although, if you are working part-time and earning less than SGA, you may still qualify for SSDI. However, any work may make it harder for Social Security to approve your claim. Call us now if you are a Veteran and Want to Receive both VA and SSDI
Does active duty affect eligibility for SSDI?
Active duty status or receipt of military pay doesn’t necessarily keep you from receiving SSDI. Social Security evaluates your work activity to figure out your eligibility. You can apply while in a rehabilitation program or attending outpatient programs. It doesn’t matter whether your treatment is in a VA hospital or civilian facility. If you are on limited duty or working in a designated therapy program, you should definitely apply for SSDI.
Does getting approved for Veterans VA benefits help receive SSDI?
Unfortunately, the answer is no. The VA and Social Security have completely separate processes and requirements for approving claims. However, Social Security will consider any evidence the VA used when looking at your claim. Similarly, the VA is required to consider Social Security records. Call us now if you are a Veteran and Want to Receive both VA and SSDI
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Related Articles to veterans can receive both VA and SSDI.
What is the Difference between SSDI and VA Disability? SSDI and VA disability benefits are both government programs that help disabled individuals receive benefits. Both programs have separate application processes. They also have different requirements for determining disability.
SSDI vs. VA Disability: general requirements
VA disability benefits provide payments only to US veterans. The VA does not require any financial contributions. Additionally, the VA doesn’t require you to have worked within the last 5 or 10 years. Unlike VA disability, you don’t need to be a veteran to apply for SSDI. SSDI does require that you meet certain medical and non-medical requirements.
SSDI does require that you worked and earned enough work credits. Generally, you need a total of 20 work credits to qualify for SSDI. Typically, you need to have worked 5 out of the last 10 years. However, if you are younger, you may qualify for SSDI with fewer credits.
SSDI disability defined
SSDI requires that you have a medical condition that prevents you from working. Your condition must keep you from working for at least 12 months. Unlike VA disability benefits, SSDI does not need your disability to be connected to military service. They also don’t consider your discharge status.
VA disability defined
VA disability benefits, also known as service-connected disability, have specific requirements. You must show that your disabling condition was “incurred or aggravated by your military service.” You must not have a dishonorable discharge. You must also submit a formal claim by completing an “Application for Disability Compensation and Related Compensation Benefits” or VA Form 21-526EZ. Starting to understand the difference between SSDI and VA disability?
SSDI vs. VA Disability: percentage of disability
SSDI doesn’t distinguish between partial or total disability. Therefore, you must show that your medical conditions keep you from working in any job. Social Security figures out your monthly payment based on what you paid into Social Security. Even so, VA disability benefits don’t require total disability. The VA awards benefits based in proportion to their percentage of disability. Compensation rates range from 10%-100%, in 10% increments. Therefore, SSDI does not have percentages and VA disability does.
SSDI application process
Firstly, Social Security considers whether your medical conditions fall under their listing of impairments, known as the Blue Book. Secondly, the Blue Book requires that your medical conditions meet very specific requirements. Thirdly, if you don’t meet the listings, Social Security considers your residual functional capacity or RFC. An RFC includes both physical and mental limitations.
Social Security looks at your medical evidence to determine your RFC. They can also consider the opinions of your doctors. Social Security may also ask you to attend an appointment with one of their doctors. Social Security will schedule an exam when they need more information about your conditions.
VA disability application process
Veterans go through a VA-directed medical review. The VA uses military doctors and other health personnel to evaluate veterans for their disability. Similar to SSDI, the VA may ask you to attend a VA claim exam, known as a C&P exam. The exam will help the VA rate your disability. The VA assigns a disable rating to each of your conditions. This determines your Total Combined VA Disability Rating. The Total Combined VA Disability Rating determines the amount of your benefits.
SSDI: your age matters
Social Security has special disability rules the older you are. They look at a chart known as the Medical-Vocational guidelines to evaluate your claim called the “grid rules.” The grid rules make it easier for older people to win their case. Social Security considers your age, education and work background. The older you are, the easier it can be to win your case. While SSDI considers your age, VA disability does not consider your age.
Example 1: applying the grid rules for SSDI
For example, James, a 56 year old veteran, applied for disability due to knee, shoulder and neck pain. He previously worked as truck driver, receives disability compensation related to a knee injury. He has trouble standing and walking, needs a cane. His medical records include MRIs and x-rays of his knees, shoulder and neck documenting his impairments. His doctors have also documented that he has pain and limited motion of his knees and shoulder. Social Security found that he could not return to work as a truck driver. Since he is over the age of 55, the grid rules allow Social Security to approve his claim.
SSDI and VA disability application wait time
Unfortunately, both VA disability and SSDI can take time to process before issuing a decision. VA disability applications can take anywhere from a few months to 2-3 years for a decision. SSDI has several levels of the claims process. Firstly, it may take 4-6 months to receive an initial decision. Secondly, if Social Security denies your claim, you file an appeal for reconsideration, Reconsideration can take 3-5 months. Thirdly, you can file a request for hearing, where it can take several months for your case to be scheduled. Social Security also has additional appeals if your case is denied at hearing.
SSDI expedited processing for Veterans
Veterans may qualify for faster processing for SSDI claims. You may receive expedited processing if you have a 100% Permanent and Total disability rating. Additionally, Social Security fast-tracks claims for Wounded Warriors. It include veterans who received disabling mental or physical health injuries while on active duty after October 1, 2001.
SSDI vs. VA disability: medical insurance
SSDI recipients receive Medicare. Medicare benefits start two years after Social Security finds you disabled. Medicare covers a variety of medical costs, usually regardless of condition. Though, it does not always cover all primary medical care. You may need an additional policy to supplement your benefits.
Veterans receiving VA disability are automatically covered by TRICARE benefits. TRICARE covers health costs deemed “medically necessary” for your condition. If you receive both SSDI and VA disability, Medicare becomes your primary insurance and TRICARE becomes your secondary insurance.
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Can a Disabled Veteran Receive SSDI? Disabled veterans can receive SSDI benefits. An award of VA disability benefits won’t prevent you from also receiving SSDI benefits. However, there are differences between qualifying for these types of benefits.
Disabled Veterans: SSDI vs. VA disability benefits
SSDI requires that your medical conditions prevent you from working for at least 12 months. SSDI doesn’t distinguish between partial or total disability. Unlike SSDI, VA disability benefits don’t require total disability. In fact, most veterans who receive VA compensation do not receive a total disability rating.
How do disabled veterans qualify for SSDI?
To qualify for SSDI, you must have worked a certain number of years and earned enough work credits. You receive work credits each year that you work and pay taxes. At most, you can earn four work credits per year. Generally, you need a total of 20 work credits to qualify for SSDI. However, there are some age exceptions. If you are younger, you may qualify for SSDI with fewer credits.
SSDI financial requirements for disabled veterans
As mentioned, SSDI requires that you earn a certain amount of work credits to qualify. Therefore, there are no limits to the amount of assets, cash or other resources you own. For example, VA disability benefits will not keep you from receiving SSDI benefits. Additionally, they will not reduce your SSDI benefits.
Working disabled veterans
Since Social Security defines disability as the inability to work, if you are working, you may not qualify for SSDI. Social Security considers work earnings over a certain amount “substantial gainful activity” or SGA. If you earn over the SGA limit, you will not qualify for SSDI. In 2020, earnings S1, 260 per month or (before taxes) are considered SGA. If you are working part-time and earning less than SGA, you may still qualify for SSDI. However, any work may make it harder for Social Security to approve your claim.
Medical requirements for disabled veterans
First, Social Security considers whether your medical conditions fall under their listing of impairments, known as the Blue Book. Typically, the Blue Book requires that your medical conditions meet very specific requirements. If you don’t meet the listings, Social Security considers your residual functional capacity or RFC. An RFC includes both physical and mental limitations. Social Security looks at your medical evidence to determine your RFC. They can also consider the opinions of your doctors.
Medical evidence for disabled veterans
Your medical evidence should include records only for the period of time that you became disabled and unable to work. Your treatment should also be continuous and ongoing. The VA and Department of Defense (DOD) share medical records electronically with Social Security. Medical evidence can include:
Treatment notes and physical examinations
Imaging such as MRIs, x-rays, CT scans or nerve testing
Blood work or biopsy results
Pulmonary tests
Mental health records
Disabled veterans and your age
Social Security has special disability rules the older you are. They look at a chart known as the Medical-Vocational guidelines to evaluate your claim called the “grid rules.” The grid rules make it easier for older people to win their case. Social Security considers your age, education and work background. The older you are, the easier it can be to win your case.
Example 1: applying the grid rules for disabled veterans
For example, Michael, a 57 year veteran, applied for disability due to back pain. He previously worked as janitor, receives disability compensation related to a back injury. He has trouble standing and walking, needs a cane. His medical records include MRIs and x-rays of his back documenting his impairment. His doctors have also documented that he has pain and limited motion of his back. Social Security found that he could not return to work as a janitor. Since he is over the age of 55, the grid rules allow Social Security to approve his claim.
Does my VA approval help improve my chances receiving SSDI?
Generally, your VA approval will not help you get SSDI. Social Security will consider any evidence that the VA used when making their decision. Social Security may also use VA or DOD evidence to expedite SSDI claims for Wounded Warriors or veterans with a 100% disability compensation rating. Similarly, the VA may not give Social Security’s decision much weight. Usually, Social Security’s decision can be unclear whether the disability is based on service-connected or non-service disability. However, the VA is required to consider your Social Security records.
Does active duty affect eligibility for SSDI?
Active duty status or receipt of military pay doesn’t necessarily prevent you from receiving SSDI. Since you can’t receive SSDI if you are engaging in SGA, Social Security evaluates your work activity to figure out your eligibility. You can apply while in a rehabilitation program or attending outpatient programs regardless of whether your treatment is in a VA hospital or civilian facility. If you are on limited duty or working in a designated therapy program, you should definitely apply for SSDI.
Disability Help Group, Call Now for a Free Case Review, 800-700-0652
Make sure you start your claim the right way and apply for all the benefits you deserve. Contact us now for a free consultation.
VA Benefits Appeal. To win a VA disability claim, a veteran must prove all elements. Generally, VA will approve a VA benefits claim when a veteran proves the following:
In-service event, disease or injury,
Current disability, and
Medical nexus between the in-service event and the current disability.
After you submit your claim, VA is obligated to issue a decision. Based on the evidence, VA may decide to approve your claim completely. Alternatively, VA may either deny the claim outright, or grant your benefits at a low disability rating. Regardless, veterans have the right to appeal any VA benefits decision to a higher authority.
What is the point of an appeal?
VA decision-makers are not perfect. They often make mistakes. For a disabled veteran who is barely making ends meet, VA’s mistakes can be costly. This is why Congress created the appeals system. It gives veterans a fighting chance to correct VA’s mistakes without losing years of benefits.
VA benefits appeals are great because they preserve the earliest effective dates. Take the example of J. Stone, who filed a claim for PTSD in 2011. VA denied his claim in 2013 because they could not confirm the traumatic in-service event. His friends told him to just file another claim. Instead, he consulted the experts at Disability Help Group (DHG).
A DHG representative helped him file an appeal along with evidence of the in-service event. In 2015, VA decided the appeal in Mr. Stone’s favor. As a result, he received a 70% rating effective 2011, the date he filed his claim. He received
Appeals in the Legacy System
The Legacy system refers to the VA appeals structure for decisions issued prior to February 19, 2019. When VA first denies a claim in Legacy, the veteran may appeal with a Notice of Disagreement (NOD). The deadline to file a legacy NOD is 1 year from the date of the decision.
When you file a timely NOD, you are asking a senior VA officer to overrule the previous decision. If the VA agrees with you, then it will issue a new decision awarding benefits. If not, VA will issue a Statement of the Case (SOC) to explain why the previous decision should stand.
Fortunately, an SOC is not the end of the road. Using a VA Form 9, you can appeal an SOC to the Board of Veterans’ Appeals (the Board). Unlike the lower decision, you have only 60 days to appeal an SOC. A VA Form 9 is a request for a Veterans Law Judge to take a fresh look at your case. If the judge finds in your favor, he/she will award benefits effective the date you first filed. If the judge finds against you, then you can appeal to the U.S. Court of Appeals for Veterans’ Claims.
The Appeals Modernization Act changed everything
Any decisions issued on or after February 19, 2019 fall within the Appeals Modernization Act (AMA). If VA denies your claim, or approves it with a very low rating, you can appeal it by filing one of these forms:
VA Form 20-0995 Supplemental Claim, 20-0996 Request for Higher Level Review, or 10182 Notice of Disagreement to the Board of Veterans’ Appeals
Each lane has its pros and cons. Visit this link for more details [Link to the AMA article].
What’s the downside of an appeal?
First, a VA benefits appeal can take a very long time. Take a look at the search results when you Google “VA appeals backlog.” Prior to the AMA, VA took an average of 2.5 years to process appeals.
Second, you may have to appeal several times to get the job done. If your first appeal is not successful, then you should appeal to a higher tribunal (like the Board of Veterans’ Appeals). When you believe in your claim, you should never give up. Don’t let VA win.
Hire an expert to give yourself the best chance to win
Every VA benefits appeal is different. The best indicator of success is having an experienced representative. This is a very complex system. Most veterans are not equipped to force VA to change a decision. Some cases already have the evidence needed to win, but are lacking a good legal argument. Other cases lack both evidence and argument. An experienced representative can plug the holes in your case.
At DHG, our experts review each case with a fine-toothed comb. This is how we figure out the best path forward. We don’t just file a VA benefits appeal and then wait around for VA to act. Instead, we actively develop winning evidence and arguments to deliver for our clients.
Do you need help with your VA benefits appeal? Contact the experts at DHG for a free consultation.
Disability Help Group, Call Now for a Free Case Review, 800-700-0652
Make sure you start your claim the right way and apply for all the benefits you deserve. Contact us now for a free consultation.
Because memory deficits are common VA TBI residuals, a veteran should always have an advocate. Disability Help Group specializes in TBI cases and is here to answer your questions now.
VA Disability Remand. After a veteran applies for VA benefits, VA must decide to either
Grant the claim, or
Deny the claim.
Following a VA decision, the veteran has the right to appeal. If the first appeal fails, a veteran can request review by the Board of Veterans’ Appeals (the Board).
In addition to the first 2 decision options (to grant or to deny), the Board may decide to remand. When the Board issues a remand, it is ordering the VA Regional Office to take specific action to develop the claim. Unfortunately, most of VA’s appeals backlog involves remands.
For many veterans, it takes longer than 2 years for VA to issue a new decision after a Board remand. For most veterans, the goal is to turn a remand into a grant. That is exactly what we do here at Disability Help Group. Keep reading for more information on VA Disability Remands.
Which VA agencies are involved?
VA Disability Remands involve a maze of different decision-makers. To understand VA Disability Remands, one should first understand the different agencies involved.
VA Regional Offices. Claims start at the Regional Office level. There are 57 Regional Offices, most of which are based in the United States.At this level, VA Rating Specialists usually decide the claims. If the Rating Specialist denies the claim or grants it with an inappropriate rating, the veteran can file an appeal. More experienced VA decision-makers, such as Decision Review Officers, usually process these appeals.
Board of Veterans’ Appeals.If the first appeal is unsuccessful, then the veteran has the right to appeal to the Board of Veterans’ Appeals. The Board, which is based in Washington, D.C., is a superior tribunal of VA law judges. The Board reviews appeals of decisions issued by the Regional Offices. At this level, VA law judges (instead of local bureaucrats) make the decisions.
What is a Remand?
Put simply, a remand is an order from a superior agency to a lower one. The lower agency has no choice; it must comply with the remand order. In the VA disability system, the most common type is a remand from the Board to the Regional Office.
While it is not a final decision, a Board remand is binding on the Regional Office.
Why would the Board issue a Remand instead of a Grant or Denial?
There are 3 main reasons:
The Regional Office did a really bad job. Often, the Regional Office fails to meet its duty to assist veterans in accordance with the law. They may have failed to provide a medical exam, misinterpreted a regulation, or ignored favorable evidence. Because of these failures, the claim lacks evidence the Board could rely on to grant. To addressthese failures, the Board uses remands to spell out how the Regional Office can make up for them. After the Regional Office complies with the Remand, it must issue a new decision.
New evidence is introduced. Let’s say the Regional Office denied a PTSD claim because there was no medical nexus. During an appeal to the Board, the veteran submitted a private medical nexus opinion. Because the Board is strictly an appellate tribunal, it cannot consider new evidence in the first instance. In this situation, the Board must remand the case for the Regional Office to consider the new nexus opinion.
Your disability gets much worse. In an appeal involving a request for a higher rating, the disability may get worse while the veteran waits for the Board’s decision. The Board is likely to remand for a new VA medical exam if that last exam was over 2 years ago. Rather than rely on an old exam, the Board may order a new one that reflects the current disability.
What are the Pros and Cons of a Board Remand?
Pros
As a matter of law, veterans have the right to compliance with the Board’s remand order. This means that the Regional Office cannot ignore the order and issue another denial.
It preserves the earliest effective date for the claim. For example, let’s say a veteran filed a claim in February 2012. He appealed his case all the way to the Board, which issued a remand order in December 2019. If the Regional Office grants the case on remand, then the benefits will be effective February 2012.
Cons
Board remands represent the largest backlog of appeals at most Regional Offices. VA is slow to process them.
If the Regional Office issues a decision on remand without complying with the Board’s order, then the Board will likely remand the case again. This could drag the case out even longer.
Example
An experienced representative can make all the difference. Take the example of W.F., a DHG client who served in the Marine Corps.
In October 2012, he filed a claim for multiple orthopedic disabilities. In June of 2013, VA denied his claim for lack of a medical nexus. Although he met the criteria, VA failed to provide a medical exam. On his own, he appealed his case all the way to the Board. While he waited for a decision, W.F. submitted new evidence from his private doctor. In October 2017, the Board remanded his case with the following instructions to the Regional Office:
Associate the new medical evidence with the file,
Schedule the veteran for a VA medical exam, and
Re-adjudicate the claim.
Shortly after the remand order, W.F. hired DHG. First, we regularly urged the Regional Office to comply with the remand. Next, we developed a private medical opinion to satisfy the medical nexus element. As a result, the Regional Office granted the claim in full effective October 2012.
Do you need help with your VA disability remand? The experts at DHG are ready to help. Call for a free consultation.
Disability Help Group, Call Now for a Free Case Review, 800-700-0652
Make sure you start your claim the right way and apply for all the benefits you deserve. Contact us now for a free consultation.
Because memory deficits are common VA TBI residuals, a veteran should always have an advocate. Disability Help Group specializes in TBI cases and is here to answer your questions now.
