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Great thread. I practice Veteran's Disability law, I'll post some info this weekend.
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Mar 4, 2011 13:00
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| # ¿ May 10, 2024 14:06 |
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Sorry for the delay, I just started this job a few weeks ago and it's been keeping me pretty busy. Just to get started some basics: The three most common forms of VA Benefits are Compensation (often called Service-Connect), Pension, and Dependency and Indemnity Compensation (DIC). Compensation THREE Requirements 1) Current Disability - you must currently be experiencing a health problem 2) In-Service event - something that happened to you in-service, you may have to prove it with buddy statements or other records if there's nothing in your service medical record about it. 3) Nexus between the two - there has to be some relationship between the two. You saw Private Snuffy blow himself up on the grenade range in basic. Requirement 2, great. Your knee locks up and you can't put weight on it. Requirement 1, great. Unfortunately you come short at requirement three, no nexus, so no money. But wait, sometimes you can workaround requirement two if you already have a service-connected condition that is causing you more problems through secondary connection. Let's say you have a 20% rating for a knee you busted up on a jump. Because of this you favor your other leg badly and now your ankles are getting messed up. Here you can secondary connect the ankle condition even though nothing happened to them in-service. Pension VA Pension is a needs based program, kind of like a VA welfare. There are three main requirements for this one too. 1) You must be totally and permanently disabled (ie, you can't work) 2) Limited income and net worth 3) Time in service: for vet's who enlisted after 9/8/80, you must have been on active duty for 24 months OR "the full period the veteran was called or ordered for active duty" AND this service must have included wartime service. It's a little more complicated than this for some veterans, but since the VA doesn't consider the Persian Gulf War to have ended, anyone on AD after 1991 pretty much qualifies. Dependency and Indemnity Compensation This is like Pension for surviving family members of certain veterans. It probably won't apply to many goons, so I won't get into unless someone wants to know more about it. Bulky Bartokomous fucked around with this message at 22:09 on Mar 20, 2011 |
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Mar 20, 2011 21:14
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The Appeals Process Okay, so you applied for compensation and a few months later you get a letter from the local regional office telling you that you have been denied for service connection. Now what? For starters, the letter and accompanying rating decision are very, very important documents for two reasons. First, they start the clock ticking. Claims die when you fail to challenge VA actions in a timely manner. There are two major points this happens at, and this is one of them. You have 1 year from the date on the letter to file an appeal. You do this by submitting a Notice of Disagreement, back to the regional office. Keeping the claim alive is critical because if you eventually win, you will get retroactive benefits back to the date on which you filed the claim. If you don't respond within the year-long window, you can try again later, but in terms of payment it will be treated as a new claim. Therefore you will get retroactive benefits back to the date on which you filed the SECOND claim. Second, it tells you why the VA has denied your claim, which tells you what evidence you need to prevail on an appeal. For example, the VA may determine you have knee problems, but conclude that it is not related to your time in-service because you never went on sick-call for it and exit physical had nothing about it. Now you know that to win, you need to do a better job on that part of your claim. Maybe you can get a buddy statement from a platoon mate who remembers you twisting your knee on a patrol, and the medic who gave you 800mg motrins for the next two weeks. Evidence like this may be able to change the VA's mind. The Decision Review Officer This is the first step in the appeals process, and it is optional. In your Notice of Disagreement you may opt for the Decision Review Officer (DRO) process. DROs are at the regional offices, and when requested, they take a look at your claim again, and will consider new evidence you've gathered. Most veterans advocates recommend taking advantage of this optional step. Significantly, DRO's cannot make changes to the veteran's decision for the worse, even if they want to. For example, lets say you were granted a 10% rating but believe you deserve a 30%. The DRO can't look at the ratings board decision and find that you shouldn't have been given the 10% to begin with. It really is a free "second-bite at the apple" in nearly any situation. I've yet to see an instance where requesting DRO review would be bad. The Board of Veterans Appeals The BVA is located in Washington, DC, and is the place of review for appeals from the regional office ratings board and DRO decisions. After filing the Notice of Disagreement, the veteran will be furnished with a Statement of the Case (SOC)by the Regional Office. The SOC triggers the second major time deadline. You generally have 60 days from the issuance of the SOC to file a formal appeal to the BVA. Formal appeals can be (but don't have to be) made on VA Form 9. This form also allows the veteran to request a hearing. Federal Court Veterans who are not satisfied with the decision of the BVA may file an appeal for judicial review. All veterans claims are heard at the appropriately named Court of Appeal for Veterans Claims, located in Washington, DC. I will get into more detail on the BVA and CAVC level later, I'm about out of time for internet posting today. Bulky Bartokomous fucked around with this message at 22:10 on Mar 20, 2011 |
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Mar 20, 2011 21:49
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Why should I get a lawyer for dealing with the VA, it's supposed to be claimant friendly, right? It is a fairly claimant friendly system, but historically, many unfavorable decisions have been appealed successfully. The key to a winning appeal is knowing how the system works, framing arguments, and preserving issues. A good veterans lawyer will be able to do all three of these AND be up-to-date on recent developments in veterans advocacy. Can't I get that stuff for free? Yes, you can. Veteran's Service Organizations such as the DAV, American Legion, and VFW can provide free assistance, but as with any free service they are often over-worked and in some cases you get what you pay for. There are currently more veterans seeking assistance than there are resources to help them. Maybe so, but aren't lawyers expensive? Most veterans benefit attorneys work on a contingency fee. If they don't get you benefits, you won't owe them anything. Additionally, changes to the law made in 2007, allow lawyers representing veterans to be paid directly by the VA. Typically, the lawyer will receive 20% of your retroactive benefits, and the VA will pay them directly. Your future benefits are, of course, all yours.
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Mar 20, 2011 22:06
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Here's my method for talking to a live person at the VA helpline. 1. Call the 800 number 2. As soon as their system answers hit 1 immediately. This skips the welcome message and tells them you have a touch-tone-phone. 3. The second you hear the computer again, hit 1 again. This selects "check on the status of my claim" 4. The second you hear the computer again, hit 0. I believe this selects "I don't know my VA file number", at any rate it places you in the queue to talk to a person. Total time to get in the live operator queue, about 5 seconds from start to finish. You basically just hit 1,1,0 as soon it answers with about a second in between each number.  It's a secret to everyone.Also, don't call on Mondays if you can avoid it. My theory is veterans spend the weekend at the Legion or VFW getting pissed off about the VA and leave with calling them Monday morning at #1 on their weekly to-do list.
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Apr 3, 2011 14:37
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moker posted:Does anyone know if there is a way to electronically submit forms to help your disability claim if you accidentally submitted it prior to attaching the scans? I have never messed with eBenefits. You could try to go low tech, just type up a quick cover letter explaining what happened and fax/mail it to the Regional Office.
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Jun 18, 2011 19:42
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FooGoo posted:Two questions for those who are knowledgeable: 1) I would send it by fax and certified return receipt mail to the Regional Office handling your claim if it is still at that level. If it as at the BVA in Washington, submitting new evidence will take you out the line and delay your appeal by up to a few months, however this sounds like really, really good evidence. Just attach it to a cover letter with your name, VA file #, and if possible the date of the claim you are appealing. 2)As far as I know you are wrong. If you get a VA rating the Guard will usually give you the boot. Even if they didn't you can't receive military pay and VA benefits at the same time. They would offset. Seeking civilian treatment will help him document it later, and for drat sure he better mention it on his exit physical.
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Jun 21, 2011 00:47
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Cunty McKooze posted:My right knee got jacked to gently caress, starting in boot camp. I was active for 6 years, before getting out and going into the Navy Reserve. Since I joined the Reserve, my right knee got me on LLD once, and now my left knee is acting up. I've seen several Reservists get the boot for having a VA rating. If your goal is staying in, I would wait. E: Also you cannot receive VA compensation and military pay at the same time, they offset. Even if you don't get booted, you may end up drilling for free effectively. Which isn't necessarily bad as far as retirement goes, but still something to think about. Bulky Bartokomous fucked around with this message at 23:58 on Jul 17, 2011 |
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Jul 17, 2011 23:51
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moker posted:Where does one go locally to find someone knowledgeable on submitting disability paperwork to the VA? I'm putting together another claim but this one is not as easy as my last and would really like an experienced opinion on it In addition, there are also Veterans Service Organizations (DAV, VFW, American Legion, etc), many of which have offices in VA medical centers. The nice thing about them is they are free. Unless you can find a VA accredited lawyer willing to work for free, you can't get one involved at that stage in the game. It is illegal to charge a fee for helping with the initial application.
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Jul 18, 2011 00:00
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Roving Reporter posted:Okay, I just got a re-cock on my PTSD appeal. My C&P is scheduled for July 12th, right around the corner. Anyone have advice for strengthening it for appeals? So far I've, Those are all great things to do, particularly the buddy statements from friends and family. When I get home later tonight I'll try to find the magic language you need to put at the end of the statement. And cult_hero is 100% correct, you really need to get that stuff into the hands of the Ratings Board at your VARO.
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Jul 18, 2011 00:03
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Roving Reporter posted:If you could do that, that'd be awesome. I'm getting everyone to write them this week. "I certify that these statements are true and correct to the best of my knowledge and belief." ^ That should be the last sentence, right above the signature. For letters from friends and family members, ask them to write about changes they have noticed in you, ideally with specific examples how you were before and after your military time.
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Jul 18, 2011 03:14
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| # ¿ May 10, 2024 14:06 |
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Holy poo poo! I thought this thread was dead. I just got home from work, I'll try to get caught up tomorrow.
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Sep 24, 2011 04:20
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