Attention Indiana Veterans!
If you’re a Indiana veteran dealing with a VA disability claim denial or a low rating, you’re not alone. The process can feel like a maze.
But here’s the good news: ProVet Legal is here to be your guide, your advocate, and your secret weapon in winning the benefits you deserve.
Top Reasons for VA Claim Denials in Indiana
The VA denies claims for countless reasons, but some of the most common include:
- Insufficient medical evidence
- Missing or incomplete documentation
- Failure to connect your condition to your service
- Missed deadlines in the VA’s timeline
Sound familiar? You’re not alone. Many veterans face these hurdles, but with the right strategy, they can be overcome.
The VA Disability Appeals and Denials Process
The VA has overhauled its appeals system with the Appeals Modernization Act (AMA), but that doesn’t mean it’s any less of a maze. You now have three options if the VA denies your claim or lowballs your disability condition rating:
The Decision Review Process Under the AMA
Option 1: Supplemental Claim
If you have new and relevant evidence that wasn’t included in your original claim, filing a supplemental claim is your best bet. This option allows you to submit additional documentation to support your case. The VA has to assist you in gathering evidence for this type of claim, but having an attorney on your side can help you submit the most compelling evidence possible.
Option 2: Higher-Level Review
Think the VA made a mistake in evaluating your claim? The higher-level review option allows a senior VA reviewer to take a fresh look at your case. You can’t submit new evidence with this option, but you can request an informal conference with the reviewer to point out errors or oversights in the original decision. Our attorneys can help prepare you for this conference and ensure you make the strongest case possible.
Option 3: Board Appeal
For veterans who want to take their case straight to the Board of Veterans’ Appeals, this option provides three different dockets:
- Direct Review: The board examines your case based on existing evidence, with no new submissions or hearings.
- Evidence Submission: You have 90 days to submit new evidence for the board to consider.
- Hearing: You can request a hearing before a Veterans Law Judge, either virtually or in person.
Each option has its own strategy and timeline. Choosing the right path can mean the difference between victory and another frustrating denial. That’s where we come in.
Choosing Another Option
If you’re not happy with the results of one option, you’re not out of luck. You can still pursue others. For instance, after a Higher-Level Review, you can still submit a Supplemental Claim or appeal to the Board. We’ll help you understand these options to keep your claim moving forward.
Timeline and Wait Times
Each appeal option has its own timeline:
- Supplemental Claims and Higher-Level Reviews aim for decisions within 4-5 months.
- Board Appeals can take longer, often a year or more, depending on the docket chosen.
Timely action is crucial in the appeals process. Missed deadlines can derail your claim, which is why having a VA disability lawyer can make all the difference.
The VA Disability Rating System
Disabilities are rated from 10% to 100% based on their severity and impact on your ability to work and perform daily activities. But do you know what these numbers really mean for you?
Here’s a quick rundown:
- 10% – 20%: You’re on the radar, but benefits are limited.
- 30% – 60%: Now we’re talking. Significant monthly compensation and additional benefits kick in.
- 70% – 90%: Serious disabilities with substantial support.
- 100%: Maximum schedular rating with the most comprehensive benefits package.
These percentages translate into monthly compensation rates. But it’s not just about your disability rating – the number of dependents you have can bump up your benefits, too.
So, if you have a full house, you might see a bigger check. These rates can also increase year over year with inflation.
Combined Ratings
If you have multiple service-connected disabilities, the VA uses a combined rating table to calculate your overall disability percentage. This isn’t a straight addition – a 30% and a 20% rating doesn’t equal 50%, for example.
Our team can help you understand how your disabilities combine and potentially identify opportunities to increase your overall rating.
Permanent & Total Disability
A 100% disability rating doesn’t automatically mean your disability is considered permanent and total (P&T). P&T status provides additional benefits and protections, including:
- No future VA examinations
- Educational benefits for dependents
- Certain state and local benefits
We can help you determine if you qualify for P&T status and assist in securing this important designation.
Common Service-Connected Disabilities in Indiana
Service-connected disabilities can encompass a wide range of conditions. Some of the most common include:
Physical Disabilities
- Musculoskeletal injuries (back pain, knee problems)
- Hearing loss and tinnitus
- Respiratory conditions
- Arthritis
- Arm and shoulder injuries
- Back and neck conditions
- Cancer
- Traumatic Brain Injuries (TBI)
- Headaches
Mental Health Conditions
- Post-Traumatic Stress Disorder (PTSD)
- Depression
- Anxiety disorders
- Military Sexual Trauma (MST)
- Toxic Exposure Disabilities
- Conditions related to Agent Orange exposure
- Gulf War Syndrome
- Illnesses linked to burn pit exposure
Special Monthly Compensation (SMC)
Veterans with severe disabilities may qualify for SMC, which provides additional compensation above the 100% rate. This can apply to loss of limbs, blindness, the need for regular aid and attendance, and other specific situations.
Indiana-Specific Veteran Resources
As an Indiana veteran, you have access to state-specific benefits and resources to assist with your disability claims and appeals.
State VA Offices and Services
- Indiana Department of Veterans Affairs (IDVA): Provides assistance in obtaining federal and state benefits, including healthcare, education, and disability compensation. Offers support through various programs and operates State Veterans Homes and Cemeteries.
- County Veteran Service Officers (CVSOs): Located in each county, CVSOs assist veterans with benefit claims and provide information on available resources.
- VA Medical Centers and Clinics: Indiana hosts several VA medical centers and community-based outpatient clinics providing healthcare services to veterans. Facilities are located in cities such as Indianapolis, Fort Wayne, Marion, and Evansville.
Veteran Advocacy Groups
- The American Legion Department of Indiana: Offers support and advocacy for veterans, including assistance with VA claims and access to various programs and services.
- AMVETS Department of Indiana: Provides resources and assistance to veterans and their families, specializing in VA claims.
- Disabled American Veterans (DAV) Department of Indiana: Offers free assistance to veterans in filing claims for VA benefits, including disability compensation and medical services.
- Veterans of Foreign Wars (VFW) Department of Indiana: Provides support and advocacy for veterans, including assistance with VA claims and access to various programs and services.
- Hoosier Veterans Assistance Foundation (HVAF): Offers housing and reintegration services to veterans experiencing homelessness.
Indiana Veterans Benefits Guide
The FDVA provides a comprehensive guide to state benefits, which we can help you navigate to ensure you’re not missing out on any opportunities.
Indiana Veteran Benefits by Disability Rating
Indiana offers additional benefits for veterans based on their VA disability ratings. Here’s a breakdown of benefits by rating category:
10% – 40% Disability Rating
- Property Tax Deduction: Eligible veterans may receive a property tax deduction on their primary residence.
- State Employment Preference: Veterans receive preference points when applying for state jobs.
- Tuition and Fee Exemption for Children of Disabled Veterans: Children of disabled veterans may be eligible for tuition and fee exemptions at state-supported colleges and universities.
- Hunting and Fishing Licenses: Discounted hunting and fishing licenses are available for disabled veterans.
- Military Family Relief Fund: Provides financial assistance to veterans and their families for essential needs.
50% – 90% Disability Rating
- Increased Property Tax Deduction: Higher property tax deductions are available for veterans with greater disability ratings.
- Additional State Employment Preference: Enhanced preference in state employment opportunities.
- Vocational Rehabilitation Services: Access to programs aiding in employment and training.
- Adaptive Housing Grants: Assistance for home modifications to accommodate disabilities.
- Property Tax Exemption for Veterans with Disabilities: Veterans with a service-connected disability of at least 50% may be eligible for a property tax exemption on their primary residence.
100% Disability Rating
- Full Property Tax Exemption: Veterans with a 100% service-connected disability are eligible for a full property tax exemption on their primary residence.
- Free Hunting and Fishing Licenses: 100% disabled veterans are eligible for free hunting and fishing licenses.
- Educational Benefits for Dependents: Dependents may receive full tuition exemptions at state-supported colleges and universities.
- State Park Admission: Free admission to state parks for 100% disabled veterans.
- Special License Plates: Eligibility for distinctive veteran license plates at no additional cost.
Additional State Programs
- Indiana Veterans Home: Provides long-term care and services to eligible veterans and their spouses.
- Indiana Veterans Memorial Cemetery: Offers burial services to veterans and eligible family members.
- Military Family Relief Fund: Provides financial assistance to veterans and their families facing financial hardship.
- Veteran Treatment Courts: Specialized court programs addressing the needs of veterans within the justice system.
- INvets Program: Connects veterans with career opportunities and resources in Indiana.
Remember, these benefits can change, and specific eligibility requirements may apply. Always verify current benefits and requirements with the Indiana Department of Veterans Affairs or your County Veteran Service Officer.
How ProVet Legal Can Help You Appeal Your VA Disability Denial
At ProVet Legal, we’re more than just lawyers – we’re advocates dedicated to fighting for the benefits you deserve. Here’s what sets us apart:
- Free Consultation — We’ll assess your case at no cost to help determine if we’re the right fit for your needs.
- Experienced Legal Team — Our attorneys are 100% focused on VA law and have a track record of successful appeals. We know the system, and we know how to make it work for you.
- Personal Experience — We’re not just talking the talk. With personal insight into the challenges veterans face, we’re committed to serving those who served.
- Strategic Appeals Process — We’ll guide you through choosing the most appropriate appeal option and prepare compelling arguments to support your case.
- Timely Appeals — We are able to file most appeals within 60 days of opening a new case or receiving a new decision from the VA, often acting even sooner. We don’t wait until the deadline to take action on your case.
- Proactive Case Management — While waiting for the VA’s decision, we closely monitor the files and promptly address any errors to keep your case on track. We are proactive, not reactive.
- Transparency — We will communicate with you regularly throughout the process. Even if VA action takes months, we’ll keep you in the loop every step of the way.
Don’t let the VA’s decision be the final word on your disability claim. Contact ProVet Legal today for a free case review. Let us put our experience and dedication to work for you.
Areas We Serve
Cities:
- Indianapolis
- Fort Wayne
- Evansville
- South Bend
- Carmel
- Fishers
- Bloomington
- Hammond
- Gary
- Lafayette
- Muncie
- Noblesville
- Terre Haute
- Kokomo
- Anderson
- Greenwood
- Elkhart
- Mishawaka
- Lawrence
- Jeffersonville
Counties:
- Marion County
- Lake County
- Allen County
- Hamilton County
- St. Joseph County
- Elkhart County
- Tippecanoe County
- Vanderburgh County
- Porter County
- Hendricks County
- Johnson County
- Madison County
- Monroe County
- Delaware County
- LaPorte County
- Clark County
- Floyd County
- Bartholomew County
- Howard County
- Kosciusko County
Don’t Let VA Denials Stop You – Free Consultation Today
The VA system is designed to wear you down. To make you give up. But you didn’t give up when your country called, and you shouldn’t give up now.
ProVet Legal is ready to take up arms for you. We’ll cut through the red tape, stand up to the bureaucracy, and fight tooth and nail for every benefit you deserve.
Don’t let the VA shortchange your sacrifice. Contact us today for your free case review.