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What to Do If the VA is Taking Years to Decide Your Disability Claim

Published on April 24th, 2020

The VA claims that it takes on average only 80 days to issue a decision on veterans disability compensation claims. But many veterans are not so lucky. They have to fight for years before getting their benefits. If your claim has become a protracted battle, there are a few things you should know. You may have had several C&P exams at this point, and it’s essential that you take each one seriously and that you provide the most detail possible–even if you’ve lost faith in the process.

And if your claim is taking years to resolve, an experienced veterans benefits lawyer can help. At Jackson and MacNichol, we can take the actions needed to get your case back on track, and we will fight for your rights at every step of the way. If your case has not moved forward in years, if you have received an unfairly low disability rating, or if the VA has denied your benefits, call us today at 1(800) 524-3339 for your free consultation.

Treat Your New C&P Exam as an Opportunity to Prove Your Case

If you’ve been assigned three or even four C&P exams over the years, you may understandably be frustrated. But you must attend each, otherwise your case could take even longer to resolve. And you can use your upcoming C&P exam to your advantage. Make a list of things you want to report to the examiner, and immediately afterwards, write down everything you remember about what happened at the exam–these notes will be valuable if you want to contest the results of your ratings decision.

Even if you feel like you are repeating yourself or pointlessly going through the same motions again, this extra C&P exam can help your case. Specifically describe your conditions, and be sure to tell the examiner how long you have experienced your symptoms and how long they have been as severe as they are today. If you don’t tell the examiner how far back your symptoms go, you might miss out on disability compensation back pay.

Generally, veterans are entitled to monthly payments from the day they apply for benefits–but only if there is evidence that their disabling condition existed at that time. What you tell the C&P examiner about your symptoms may be considered as evidence as long as it doesn’t contradict other evidence in your case file. Don’t assume the VA will rely only on your earlier C&P exams. Take your time at the next C&P exam to accurately and completely describe your conditions.

Talk to a VA Benefits Lawyer Today

At Jackson & MacNichol, our mission is to assist our nation’s veterans in getting access to their hard earned benefits. Too many veterans get sidelined during the claims process, or fall victim to clerical or legal errors committed at the Regional Office level. By hiring a veterans benefits lawyer to handle the appeal of your disability case, you can maximize your chances of success. For a free consultation, call us today at 1(800) 524-3339.


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