Legal Question in Veterans Law in Texas

How can I force the VA to give me a disability rating?

The VA has been delaying my claim for asinine excuses for more than 454 days.

Asked on 1/10/11, 4:02 pm

2 Answers from Attorneys

Charles Williamson Charles J. Williamson, Attorney At Law

You cannot "force" the VA to give you a disability rating, like it's your right to have one! They have people that review your medical records to determine if you should have any disability rating, then, if you're found to be disabled, they will assign a percentage rating to your disability. Once you have the percent that you're disabled, then your payment is according to that percentage rating. Tables of such disability benefit payments can be found at the VA web site.

What might help you along is to have your condition evaluated by your own, private doctor. A private doctor's evaluation is typically given more weight than that of a VA doctor. Submitting such a private doctor evaluation may, then, help your case.

However, I would NOT, if I were you, cop an attitude with the VA.

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Answered on 1/15/11, 8:19 pm
Jill Mitchell-Thein Heard & Smith, LLP

You should talk with a veteran service office or call/write the regional office to find out what the delay is. Time really seems to stand still in their world. Have they told you they were going to schedule you for exams? Contrary to the other answer here, the VA does not typically give more weight to private doctors' opinions than those of their own. I have seen them base denials on a one sentence opinion from a VA physician's assistant even though the veteran had provided a supportive report from his treating M.D. Just keep demanding a decision (politely) so you can move forward. Good luck.

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Answered on 1/20/11, 7:54 am

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