How Long Does It Take To Get VA Individual Unemployability Benefits?

Dealing with Veterans Affairs (VA) can be unpredictable, especially when filing for VA individual employability. 

Because we know how confusing things can be, we decided to clear up a few misconceptions. In this article, we’ll cover the timelines which will provide you with a clear idea of how long does it take to get VA unemployability benefits.

VA Individual Unemployability Explained

VA offers individual unemployability, which is a special disability compensation program. It’s available for veterans who are unable to obtain gainful employment due to the disabilities suffered as a result of their service.

Veterans who are eligible for this compensation program will receive tax-free monthly benefits that adhere to the rate of 100% disability, even if their combined injuries don’t meet the 100% total.

To be eligible for this program, you have to meet the following requirements:

1. Have served on active duty

2. Have one or more service-connected disabilities which prevent you from finding and maintaining a steady job

3. Haven’t been honorably discharged

4. Disability suffered from service-related injury rated 60% or higher

5. Multiple disabilities with a total rating of 70% with one of the disabilities rated 40% or higher

Average Timeframe

If you can’t find gainful employment, you’re probably wondering how long does it take to get VA unemployability benefits. Typically, in the best-case scenario, VA will issue the initial decision in four months. For some claims, it may take even ten months. 

The worst-case scenario is getting rejected, which forces you to file an appeal with the Board of Veterans’ Appeals (BVA). Sadly, this process can take several years and all the waiting around can cause a significant strain on your mental health. 

This is why you should be familiar with the factors that directly influence how long the process will take. They include:

1. Nature and severity of your disabilities

2. Evidence you present in your claim

3. Whether you filed your claim with the help of a lawyer

Timeline For VA Individual Unemployability

As we mentioned previously, the entire process is quite complex, leaving many veterans wondering how long does it take to get VA unemployment benefits. 

Thankfully, you can avoid unnecessary frustration by familiarizing yourself with the timeline before filing the claim. That way, you can prepare all the necessary documentation and find legal representation at the right time. 

The application process consists of eight steps in your initial application. The following steps cover what VA does after they receive your claim:

1. Claim received

Once you send your application, the VA will acknowledge that they received the claim. Depending on the method you used to file the claim, this step will take shorter or longer.

For example, if you apply by mail, the VA will take approximately two weeks to input the claim. You can check if they received your application by logging into your eBenefits account, from where you can also track the progress of the claim.

You can also use the eBenefits app to file your claim electronically, which drastically reduces processing time. Alternatively, you can deliver your claim in-person at your regional VA office. 

2. Under review

This part directly influences how long does it take to get VA disability benefits. During this step, a Veterans Service Representative (VSR) will receive your claim and review the evidence you submitted. If the evidence you have right now is sufficient, you can jump ahead to step five. If not, your claim will enter the next step. 

3. Gathering of evidence

If the VSR requires more evidence, they may request additional records from your C-File, SSA, your physicians, or even you. 

Even though the VA is there to assist you with your claim, they may not always be as comprehensive as they should be when gathering evidence.

This is why you should hire a lawyer who can help you build a case while ensuring that you successfully gather all relevant medical evidence.

4. Review of evidence

Once the VA has the necessary evidence, your claim will go into review. If VA again determines they need additional evidence, your claim will go back to step three again. 

5. Preparation for decision

The VSR assigned to your claim will recommend an outcome and produce the required evidence that supports their decision. Even during this step, the VA may request additional evidence. 

6. Pending decision approval

Once your claim hits this stage, the VA will examine the recommendation by the VSR and if they approve it, they’ll award your claim. 

Many veterans wonder how long does it take to get VA unemployability because the process can sometimes be excessively long. For instance, at this stage, the same scenario about additional evidence can happen and your claim will again be returned to step three.

7. Preparation for notification

This stage is simple as it only includes preparing a package that contains your rating decision letter. This packet is usually sent via mail.

8. Decision sent

The rating decision letter is sent to the address you provided. If you move during the process, you should provide the VA with your current address to avoid the situation in which your letter is sent to your old address.

How To Speed Up The Process?

As you can see, the VA isn’t that fast, which leaves many applicants wondering how they can speed up the process. While you can’t directly affect the actions of the VA, you can put together a strong claim from the get-go to avoid delays while VSR is tracking down new evidence.

We recommend doing the following:

1. Compile as much evidence as possible before filing your claim

2. File all the necessary documents

3. Write a strong argument

4. Put together a strong brief

Hiring a lawyer can make this process a lot easier as they will track down the required evidence, analyze it, and find any weak spots in your claim. They can also help you write an argument and a brief to strengthen your case even further.

Don’t Go at It Alone

The individual unemployability benefits process is needlessly long and too complex. This is why you shouldn’t navigate through it without legal help.

In the worst-case scenario, if your claim is denied, your lawyer can help you with the appeal process too. That way, you won’t have to lose your mind over all the intricacies and legal issues as your lawyer will handle it for you.