VA disability lawyers are going to look back at all your previous claims in the C file and determine if there is a way to take the benefits back further than the date of the current claim. In some cases, your award may have an effective date that could go back for decades.
Of course that's a personal choice, but before you go and hire a lawyer to help with your VA claim, there are a few things to know. First, the only reason to hire an attorney is if you believe that they can help you get a better result from the VA on a disability claim that has been denied, or not rated high enough for your liking. That’s it.
You can use the National Organization of Veterans Advocates (NOVA) website for help in finding a lawyer. NOVA has an online directory of attorneys (and non-attorney agents) who have been accredited by the VA as well as many attorneys who are admitted to practice before the U.S. Court of Veterans Appeals.
Michael Archuleta, J.D., M.D., M.B.A. is an Experienced VA Hospital Malpractice Attorney and a Medical Doctor. Dr. Archuleta has more than 20 years experience helping veterans and their families receive compensation for injuries and wrongful death due to VA hospital medical negligence.
According to a recent Veterans Administration report to Congress, the ten most commonly awarded medical conditions that are getting approved for benefits are as follows:Tinnitus.Limitation of flexion (knee)Hearing loss.Lumbosacral or cervical strain (back and neck strains)Limitation of arm motion.General scars.More items...•
To file an appeal with the VA Regional Office that denied you benefits, you will need to submit a Notice of Disagreement (NOD). The VA doesn't have an NOD form, so you can use Statement in Support of Claim form. You can find this form at www.va.gov/vaforms/.
What should you do if you are the victim of misdiagnosis or failure to diagnose? Contact a lawyer right away to discuss your options. Time is of the essence when bringing a claim against the Department of Veterans Affairs. There is a 2-year Statute of Limitations.
An initial 10 percent disability rating for skin cancer (squamous cell carcinoma, basal cell carcinoma), skin cancer residuals, and precancerous lesions (actinic keratosis) is granted, effective August 23, 2012.
The Board of Veterans' Appeals Annual Report for Fiscal Year (FY) 2018 indicated that the VA disability appeals success rate for veterans was 35.75 percent. Specifically, out of 85,288 decisions issued, 30,492 were allowed, or granted.
While it may be tempting to give up, it is always worth it to file an appeal in your benefits case. After all, you are granted up to one year from the date your regional office (RO) sends you its decision to file for an appeal, so there is no harm in asking the VA to take a second look at your claim.
Why are claims denied? The Veteran Affairs website reports that 75 percent of all initial applications for VA benefits are denied.
C&P exams are, technically, not required in every case. Specifically, if a veteran's initial application, or claim, for benefits is submitted with all the required information, documentation, and lay evidence necessary for a favorable decision, then VA may not need to schedule a C&P exam before issuing a rating.
You can submit a corrected claim or void (cancel) a claim you have already submitted to VA for processing, either electronically or in paper.
Veterans Affairs recognizes and provides benefits for certain cancers and health problems associated with prior dioxin exposure during military service, however skin cancer is currently not one of them.
Does Agent Orange cause cancer?Soft tissue sarcoma.Non-Hodgkin lymphoma (NHL)Hodgkin lymphoma.Chronic lymphocytic leukemia (CLL), including hairy cell leukemia and other chronic B-cell leukemias.Monoclonal gammopathy of undetermined significance (MGUS), a precursor of multiple myeloma.
Dermatitis (includes a number of skin conditions) - To qualify for disability, your skin lesions must persist for at least three months. Genetic Photosensitivity Disorders - If you have xereoderma pigmentosum, you are automatically qualified for benefits, and will be considered disabled from the time of your birth.
Accredited representatives and VSOs need to: Pass an exam Pass a background check Take continuing-education courses to make sure they’re providing...
Accredited representatives and VSOs can help you understand and apply for VA benefits, like: Financial support (monthly payments) Education Veteran...
In general, no individual or organization may charge you a fee to help you file your initial application for benefits. But they may charge you for...
You can find an accredited representative or a VSO in 1 of 2 ways: Go to eBenefits to find a local representative (including a recognized VSO, an a...
You’ll need to either use eBenefits or fill out a form and mail it in. Choose one of these ways to get set up: Use eBenefits to let us know you’ll...
If you need help filing a claim or appeal, you may want to work with an accredited attorney, a claims agent, or a Veterans Service Officer (VSO). We trust these professionals because they’re trained and certified in the VA claims and appeals processes and can help you with VA-related needs.
Non-recognized organizations and individuals can provide information, but can’t be representatives.
In veteran’s disability claims, a VA disability lawyer can help clarify the issues and ensure that the claim is properly supported by evidence so that the claim can be appealed, if necessary. There are many VA disability lawyers so the question is how to select the proper one to represent you.
VA service connected disability compensation benefits are monthly payments made to veterans, and, in some cases, their families. The veteran is entitled to compensation when he can show that this disability is related to an injury or event in service. The disability payments, known as the disability rating are based on the degree ...
Widows and widowers of deceased veterans may also be entitled to payments based on a disability of their spouse. The VA law provides for a monthly payment, known as DIC benefits, where a service connected condition contributed to the death of the veteran or where the veteran was totally disabled because of a service connected condition for a certain period of time before the death.
Another common mistake is not to fully investigate the effective date. VA disability lawyers are going to look back at all your previous claims in the C file and determine if there is a way to take the benefits back further than the date of the current claim.
For servicemen who served in a period of war, the VA law allows non-service connected pension benefit, regardless of whether the disability was service connected. This veterans benefit is income and asset tested and only applies to those wartime veterans who do not have significant income and assets and are completely disabled.
As President Lincoln said the purpose of the Department of Veterans’ Affairs is “to care for him who shall have borne the battle and for his widow, and his orphan.”. There is no time limit on when a claim can be brought.
VA law is too complicated to practice on a part-time basis. Do not sign a contract before you speak with the lawyer. Your VA claim is important to you. It is personal. Hiring a VA claims lawyer is a big decision. Insist on speaking with the lawyer before signing the contract. You need to see what they can do to help you with your claim.
There, you'll see a summary of the latest status information for any open claims or appeals you may have. Click on the "View Status" button for a specific claim. You'll go to a page with more details about that claim's status and supporting evidence. Evidence may include documents like a doctor's report or medical test results.
Disability compensation ( including claims based on special needs like an automobile or clothing allowance) Veterans or Survivors Pension benefits. Special monthly compensation (such as Aid and Attendance) Dependency and Indemnity Compensation (DIC) Burial allowance to help pay for a Veteran’s burial and funeral expenses.
Talk to us about your VA disability claims today. You can reach us toll free from anywhere in the country at 800-562-9830. We offer free case evaluations and can be reached online to schedule an appointment as well.
In order to qualify for service connected benefits, the veteran will have to have sustained injuries or illness as a result of their military service while on active duty. In addition, if an injury or an illness was made worse by the rigors of active duty, then the veteran will be able to collect benefits. Once the veteran is found eligible ...
If a veteran meets the criteria for active service and becomes disabled as the result of an injury during active service (or a disability that is aggravated as the result of active service), he or she may be eligible for Service Connected Disability Benefits.
Many veterans who served in the 1960s and 1970s in Vietnam the Korean Demilitarized Zone (DMZ) on certain Royal Thai Air Bases, or in aircraft that carried herbicides suffer from cancer and other health problems.
Our law firm’s founder, John S. Berry Sr., is a Vietnam veteran. He got involved in veterans disability benefits law when he began working with fellow Vietnam veterans who suffered from PTSD. His son, John S.
Agent Orange VA benefits claims can be highly complex. Veterans often find it difficult to wade through the process and overcome obstacles to get the benefits they deserve.
About Agent Orange VA Disability Benefits. Agent Orange was a defoliant used by the military in many locations around the globe. Agent Orange was not only used in the Vietnam War. Agent Orange was also used in the Korean War and also at many military bases.
Under VA’s rating regulations, it must be at least 10 percent disabling within one year of exposure to herbicides. Diabetes Mellitus Type 2 : A disease characterized by high blood sugar levels resulting from the body’s inability to respond properly to the hormone insulin.
If you were exposed to Agent Orange and now have health issues, you may be eligible for Agent Orange VA disability benefits. Woods & Woods Agent Orange VA disability lawyers have helped thousands of veterans and their families. If you need assistance, please fill out the online contact form or call toll-free (866) 232-5777.
Many veterans find that they are owed back pay when they win their Agent Orange VA disability benefits. Some veterans may be owed money dating back years to their effective date. However, the VA does not always assigned the correct effective date and some veterans may be missing back pay.
According to a recent Veterans Administration report to Congress, the ten most common newly-awarded medical conditions that are getting approved for benefits are as follows: Tinnitus. Limitation of flexion (knee) Hearing loss. Lumbosacral or cervical strain (back and neck strains)
To win your VA disability compensation claim, you must demonstrate three things: medical evidence of recurring or persistent symptoms. If you don’t score on each of these criteria, you won’t get approved for VA disability benefits.
A presumptive disorder is one that the VA presumes to be service-connected, even if there’s no specific evidence or chain of causation that they normally require to form a nexus with military service.
It can occur with ordinary age-related hearing loss. But. The VA may pay benefits for tinnitus, but the highest rating you can receive for tinnitus alone is 10%. Disability compensation professionals regard tinnitus as a “low value” claim for this reason.
Porphyria cutanea tarda. If you served in Vietnam between Jan. 9, 1962, and May 7, 1975, and you are diagnosed with any of these conditions, you don’t have to show a service connection. Because of widespread exposure to Agent Orange, the VA presumes that these conditions are service-connected.
However, tinnitus is among the easiest VA disability benefits to get approved. First, it’s subjective. There’s no definitive test for it. Unlike other conditions that can only be approved if there is a good deal of objective medical evidence for the claim, tinnitus is on the honor system.