There is a four-step process that is traditionally used by regional VA offices to adjudicate disability claims for any service-connected compensation benefits. The process is as follows, with each step needing to be completed before moving on to the next step:
Step 1: The VA decides whether or not the veteran in question is eligible to receive VA benefits. This includes making a determination that the veteran was separated or discharged under any condition other than dishonorable.
Step 2: The VA uses all the rules it has set forth to determine whether or not the veteran qualifies for disability compensation.
Step 3: The VA determines just how severe the veteran’s disability is, using a percentage evaluation that will range from 0 to 100. This is based on the Schedule for Rating Disabilities.
Step 4: The VA determines the effective date for the award of the appropriate service-connected disability compensation.
What Are the Duties of the VA in the Disability Claims Adjudication Process?
When it comes to the adjudication process, the VA is supposed to do all they can to aid and assist veterans in making their disability claims. These duties were defined in the Veterans Claims Assistance Act of 2000 and include:
- The duty to notify a claimant of any and all information necessary for them to complete their claim application.
- The duty to notify a claimant of all information or evidence (both medical and lay) that will be needed from them to substantiate any VA claims they have.
- The duty to notify the claimant of which information will be provided by the secretary and which information needs to be provided by the claimant.
- The duty to “make reasonable efforts to assist a claimant in obtaining evidence necessary to substantiate the claim.”
- The duty to “make reasonable efforts to obtain any relevant records” that the claimant authorizes the VA to obtain.
- The duty to obtain any of the claimant’s relevant medical records that are held by the Federal government, including: military medical records, other military records, records of VA medical treatment, and any other pertinent records.
- The duty to obtain a medical opinion or provide a medical examination when one is necessary to make a decision on any disability claims in question.
For a free legal consultation, call 800-562-9830
Marc Whitehead is an Accredited Veterans Claim Attorney as required to practice law before the VA. Veterans Affairs disability claims are expertly handled by the attorneys at Marc Whitehead & Associates. Call our office 24/7 for a FREE case evaluation at 800-562-9830.
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