VETERANS DISABILITY 101

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VETERANS DISABILITY 1012019-12-08T20:00:30+00:00
”PRESUMPTIVE” SERVICE CONNECTION CONDITIONS2019-12-06T17:24:19+00:00

There are certain conditions that are presumed to be caused by military service by the VA due to unique circumstances of their military service

COST FOR A VETERANS DISABILITY LAWYER2019-12-06T17:23:07+00:00

Most attorneys charge 20% of past due benefits awarded because the VA presumes that this amount is reasonable.  38 C.F.R. § 14.636

DISABILITY RATINGS2019-12-06T17:22:39+00:00

The VA uses fuzzy math to determine your combined disability rating. Start with the greatest disability and then use the combined rating chart to determine your overall rating. If you have one at 40% and another at 20%, the total is not 60% but instead is 50% overall.  See the Guidelines the VA uses to Calculate Compensation Rates.

HOW LONG IT TAKES TO GET A DECISION2019-12-06T17:21:30+00:00

The VA says that it currently takes six months to process most claims, but can take longer in complex cases. See How long will it take to receive a decision on my compensation claim?

WHAT TO DO AFTER YOUR CLAIM IS DENIED2019-12-06T16:51:16+00:00

There are several stages of the appeals process:

  1. If you disagree with all or part of the decision, file a Notice of Disagreement (NOD) within one year of the date of the letter.
  2. The local VA office will review your file again and prepare a Statement of the Case (SOC). You can submit additional evidence.
  3. If you disagree with the Statement of the Case, you can vile a VA Form 9 (Substantive Appeal) and you can chose whether you want a hearing before a Veterans Law Judge. You have one year from the date of the letter notifying you of the original decision on your claim or 60 days from the date of the letter accompanying the Statement of the Case, whichever provides you with more time.
  4. You will attend the hearing, then the local VA office will transfer your appeal to the Board of Veterans’ Appeals, where a decision will be prepared and mailed to you. You can ask for a hearing for the Board of Veterans’ Appeals.
  5. If your claim is denied, you can a) File a new claim with your local VA office; b) File a motion asking the Board of Veterans’ Appeals to reconsider your appeal (there is no time limit to file this motion); c) File a motion asking the Board of Veterans’ Appeals to review your appeal again because there was clear and unmistakable (obvious) error in its decision (there is no time limit to file this motion); and/or d) File a Notice of Appeal with the United States Court of Appeals for Veterans Claims. You have 120 days from the date of the decision by the Board of Veterans’ Appeals (stamped on the first page of the decision).
QUALIFY FOR VA DISABILITY BENEFITS2019-12-06T16:50:38+00:00

In order to receive VA Disability benefits you must have a disability that is “service-connected” and you have to have separated or been discharged under other than dishonorable conditions.

VETERANS DISABILITY COMPENSATION2019-12-08T19:56:34+00:00

There are certain conditions that are presumed to be caused by military service by the VA due to unique circumstances of their military service