Determining What Constitutes a Case VA accredited attorneys and agents may only charge fees for services provided after the RO has issued a decision and a NOD has been filed with respect to a “case.” When making a determination on fees apply the following principles:
Some veterans choose to write statements about all the claims they have pending before the VA, while others either write one statement per claim or even only write statements for the claims that are their highest priority. One strategy you may want to follow is to keep similar claims in the same statement.
Importantly, no representative may charge veterans for assistance filing initial claims nor may they take any portions of future VA monthly payment. An initial claim is the first claim filed for a specific condition.
While legal process for VA benefits can be confusing, it is important that veterans and claimants know their rights when it comes to their representation, whether that be lawyers, agents, or VSOs. VA regulates who may represent claimants in VA benefits cases, and how much they may be paid, under 38 CFR § 14.636.
3:388:38How to Read Your VA Disability Award Letter - YouTubeYouTubeStart of suggested clipEnd of suggested clipThe first option is to select the higher level review lane. The second option is to file aMoreThe first option is to select the higher level review lane. The second option is to file a supplemental claim lane appeal. And the third option is to file a notice of disagreement.
If your claim was granted, the decision letter will establish your disability rating as well as an effective date. Your VA-assigned effective date will correspond to the date that the claim was filed. Most importantly, this is the date that VA will also use as a start date for the payment of your disability benefits.
A Statement of the Case is a document that explains the Department of Veterans' Affairs (VA) decision regarding your disability benefits case. The SOC, which you receive after you file a Notice of Disagreement, gives you information about your denial or partial denial of veterans disability benefits.
To deal with this VA supplemental claim compensation issue, the VA grants a lump sum benefit to the claimant if/when their case is approved. If a veteran preserves the effective date from their original claim, they will receive benefits from that time.
This is within the 1-year mark, so his date of eligibility for VA Disability Back Pay is his date of separation. It takes another 9 months before the VA's Rating Decision is reached. Ben will receive VA Disability Back Pay for the entire 18 months between his date of separation and the VA's rating decision.
The amount of VA disability back pay you're owed is based on your VA disability rating and the number of months between the effective date of your rating and the VA's decision to award you a rating or increase your rating. Usually, the higher your VA rating, the more back pay you'll receive.
The Veteran Affairs website reports that 75 percent of all initial applications for VA benefits are denied. These applications are often denied because they have incomplete information or lack necessary documentation. Other reasons for denial include: Not enough evidence to support your disability.
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.
approximately 9 monthsThe VA DRO timeline after filing a Notice of Disagreement, or NOD, takes approximately 9 months. In other words, a Veteran can expect a decision from a Decision Review Officer some nine months after filing a NOD.
The VA disability rating 5-year rule states that the U.S. Department of Veterans Affairs (VA) cannot reduce a veteran's disability rating if it has been in place for five years or more unless the condition shows sustained improvement over time. In this situation, the veteran's rating is considered a stabilized rating.
within 15 daysVA maintains that veterans should receive VA back pay within 15 days of the decision granting the retroactive benefits either through direct deposit or a check. However, it is not uncommon for VA to take several months to issue back pay and retroactive benefits.
Ultimately, veterans can locate their VA award letters in the eBenefits system by logging in and following these steps: Clicking on the “Manage” tab. Clicking on “Documents and Records” Clicking on “VA Letters”
You can download a variety of VA letters that include information about your benefits and service history.
Before you download your VA letter, we’ll ask you to review the address we have on file for you. This address will be listed on your letter. If thi...
Right now, you can only download the VA letters you see listed when you sign in above. Use these links to get access to other common VA letters and...
Call our MyVA411 main information line at 800-698-2411 (TTY: 711) .
Does your VA disability Rating Decision letter not seem right? The VA makes some wild mistakes: we have seen veterans receive other people’s VA dis...
What if I don’t agree with my VA Rating Decision letter? Many veterans disagree with their VA Rating Decision letter. You may now be able to appeal...
Veterans that are unable to work from their service-connected disabilities may be eligible for Total Disability Individual Unemployability (TDIU) b...
The current veterans disability benefits timeline can be discouraging to veterans. We all know filing VA benefits appeals is no short process. Our...
If you flat out had your VA disability denied, you can also appeal. Remember, your veterans benefits Rating Decision letter is not final. If your c...
On your VA Rating Decision letter, you should expect: The VA will decide if your impairments are service-connected: Your VA Rating Decision letter will inform you of whether or not the VA considers your impairments service-connected. The VA should have considered your secondary service-connected disabilities as well.
Your VA rating will determine your monthly payments: Your VA Rating Decision letter should inform you how much money the VA is going to send you monthly. Your VA Rating Decision letter should also let you know when you are going to start receiving your VA disability payments.
Believe it or not, you can receive a 0% rating. That means your impairment is service-connected, but not “bad enough” to be compensable by law.
If your claim was wholly denied, you have one year from when the veterans benefits Rating Decision was made. If your claim is later approved, you should receive a VA disability benefits retroactive payment. That is a lump sum payment of the money you should have been receiving if the VA had not denied your claim.
Sadly, this happens all the time to veterans. The VA makes a lot of mistakes and sometimes your VA Rating Decision is missing mental and physical conditions. First, check your application to make sure you didn’t make the mistake. Second, contact the VA or a lawyer to find out why your other impairments were not listed. There are procedural options available if your VA Rating Decision letter is missing impairments. You can also see your claim at eBenefits.
First, you have one year from the date the Rating Decision was made to file your appeal. However, our VA disability compensation lawyers always suggest you don’t wait until the last minute to file your appeal. This is a long and complicated process and you want to get it right the first time!
Veterans that are unable to work from their service-connected disabilities may be eligible for Total Disability Individual Unemployability (T DIU) benefits . Your VA Rating Decision letter may or may not let you know if you are qualified for Individual Unemployability benefits.
Lawyers, claims agents, veterans service organizations (VSOs), and state or country government entities may all represent claimants during the VA claims and appeals process, so long as they are accredited.
If a person is charging a percentage of benefits the claimant is going to receive over a certain period of time, they are charging fees unethically and illegally. They have minimal professional experience in VA disability law – Veterans disability law is complex.
Typically, accredited veterans’ advocates charge a contingency fee based on retroactive benefits recovered. This means that if a claimant is awarded retroactive benefits, based on eligibility stemming from a previous date in time, then the veteran’s advocate would receive a percentage of those retroactive benefits, according to the agreement entered into between the claimant and the representative.
VA-accredited individuals shall NOT: Evade a rule of conduct “through the actions of another;”. Engage in deceitful, fraudulent, misrepresentative, or dishonest conduct; Violate any provisions included in Title 38 United States Code, or Title 38, Code of Federal Regulations; Charge, solicit, or enter an agreement for unreasonable or unlawful fees;
An initial claim is the first claim filed for a specific condition. An example of this would be if a veteran files a claim for benefits for a back condition they incurred during service, they will receive a rating decision that may grant or deny the claim.
March 14 , 2021. While legal process for VA benefits can be confusing, it is important that veterans and claimants know their rights when it comes to their representation, whether that be lawyers, agents, or VSOs. VA regulates who may represent claimants in VA benefits cases, and how much they may be paid, under 38 CFR § 14.636.
The database includes accredited VA disability lawyers, claims agents, or VSO representatives. Additionally, those seeking representation may also visit their local Regional Office for assistance.
A VA award letter is issued by the Department of Veterans Affairs when a decision has been made regarding a veteran’s claim for benefits. Specifically, this letter indicates a veteran’s disability ratings along with the corresponding amount of monthly compensation.
The VA award letter will typically begin with VA stating, “We made a decision on your VA benefits”. The letter will then guide the veteran through the details surrounding the decision and include information regarding the next steps a veteran may take now that a decision has been issued.
A VA award letter also includes information regarding the next steps a veteran may take if he or she disagrees with the decision that was made, along with resources should the veteran have any questions.
Unauthorized representation of claimants and unlawful solicitation of fees is a serious matter and should be reported to the Outreach Staff Mailbox (
The Office of General Counsel (OGC) is responsible for accrediting attorneys and agents. E-mail questions regarding accreditation to the OGC at erick.winford@va.gov
Under this should be the date, the veteran’s name, and their address. In the upper righthand corner veterans should see either their Social Security number or the number associated with their claims file (C-File) . The letter begins by alerting the veterans that the Board has made a decision on their appeal. It then lists the three possible decisions (i.e., grant, remand, and denial or dismissal) the veteran could receive and instructs them on next steps for each decision.
The “Decision” section lists each condition for which the veteran is seeking service connection and states whether it is granted or denied. If granted, it also states the effective date and rating percentage for the decision. The “Evidence” section lists all evidence that was submitted or collected in support of the claim. The rest of the letter explains, in detail, the reason for each decision. Each explanation tells the veteran why that particular decision was made and what evidence VA considered. Typically, portions of the rating criteria for the issue at hand will also be included.
The first page of the AMA Board Decision outlines the contents of the decision and offers instructions for veterans who have questions or disagree with the decision wish to continue their appeal. In the top left corner of this page , veterans will find the VA seal. Under this should be the date, the veteran’s name, and their address. In the upper righthand corner veterans should see either their Social Security number or the number associated with their claims file (C-File).
A AMA Rating Decision is the procedural document VA sends to a veteran once it has decided the veteran’s claim. In other words, this document tells a veteran if their claim has been granted or denied. After listing the veteran’s personal information, such as their representative (if they have one) and VA File number, the Rating Decision will have a brief summary of the claim. This may include a veteran’s dates of service, military branch, and the date their claim was received.
These communications include important details about a veteran’s case and explain the next steps in the VA disability benefits process. Veterans may receive different letters depending on which system their appeal is in: Legacy or AMA . The Legacy system was the VA appeals process until February 2019, when new legislation under the Appeals Modernization Act (AMA) changed the system.
An AMA Notice of Action Letter is a letter sent to a veteran when VA has made a decision regarding their disability benefits. It is important to note that this is not a rating decision, but an explanation of the steps a veteran can take now that VA has made a decision about their benefits.
The second page of the document contains information specific to the veteran’s case. Veterans will see the title “Board of Veterans’ Appeals” clearly across the top of this page, followed by their name, their Social Security number or C-File number, and their BVA docket number. If the veteran has an accredited representative this will also be listed at the top of the page. The document will then state the Board’s decision regarding the veteran’s claim and explain the reasons and bases that led to the finding. This may include:
A Notice of Action letter is essentially a cover letter that explains certain elements of the decision. The introduction includes information such as the veteran’s name, claims file number, and a brief history of their time in service ...
Under AMA, there are several options depending on a veteran’s circumstances, including: higher-level review, supplemental claim, and a Notice of Disagreement (i.e., appeal to the Board).
Evidence Section. The evidence section of a VA Rating Decision is very straightforward as it simply lists all of the evidence VA looked at when making its decision. It is important that veterans review the list of evidence and ensure that VA did not overlook anything. If it appears as though VA is missing evidence within an unfavorable decision, ...
In most cases, VA will also include information about whether the veteran is receiving additional compensation for qualifying dependents, especially if this issue was on appeal. It also outlines the requirements for qualifying dependents as follows: 1 A child under the age of 18 years old 2 A child between the ages of 18 and 23 and still in school 3 A child who was seriously disabled prior to the age of 18 4 A spouse 5 A dependent parent (s)
Furthermore, the effective date VA assigns will correspond to the date in which the claim was filed. Importantly, this is also the date that VA will use as a start date for the payment of disability benefits. The Rating Decision Letter is almost always issued in conjunction with the VA award letter, which indicates a veteran’s disability ratings along with the corresponding amount of monthly compensation.
It also outlines the requirements for qualifying dependents as follows: A child under the age of 18 years old.
The decision section will be in numbered format and go through each condition individually. For each condition, it will indicate if service connection was granted and if so, what rating was assigned along with the effective date for that rating. For example, if you were granted service connection for PTSD and tinnitus, the decision section might look like this:
Veterans can also obtain VA award letters by reaching out to their local Regional Offices and requesting a copy. It should take several days to weeks for the Regional Office to mail a hard copy of the VA award letter to the veteran.
A VA award letter is issued by the Department of Veterans Affairs (VA) when a decision has been made regarding a veteran’s claim for benefits. Specifically, this letter indicates a veteran’s disability rating (s) along with the corresponding amount of monthly compensation. The date of a VA award letter is especially important, ...
As outlined above, VA award letters are very important documents because they break down decisions, appeal options, disability ratings, and monthly compensation amounts to veterans. As such, veterans should request and obtain copies of their VA award letters if they do not receive them through the mail. There are several ways for veterans to obtain a copy of their VA award letter, including the following:
If your VA disability benefits claim has been denied, do not give up the fight. The VA disability attorneys and advocates at Chisholm Chisholm & Kilpatrick LTD may be able to help. Contact us at 800-544-9144.
If veterans received a rating decision and VA award letter after February 19, 2019, their appeals will be processed in the new Appeals Modernization Act (AMA) system. Under AMA, there are three appeal options to appeal an initial rating decision: (1) higher-level review lane; (2) supplemental claim lane; and (3) Notice of Disagreement lane (i.e., Appeal to the Board of Veterans’ Appeals).
Under AMA, there are three appeal options to appeal an initial rating decision: (1) higher-level review lane; (2) supplemental claim lane; and (3) Notice of Disagreement lane (i.e., Appeal to the Board of Veterans’ Appeals).
If a decision is not appealed in a timely manner, it will become final. If veterans received a rating decision and VA award letter after February 19, 2019, ...
Statements are a great way for veterans to be involved in the adjudication of their VA claims. At Hill & Ponton, we will guide you step by step through the statement process in order to submit the best possible evidence for your VA disability claim. If you provide us the information, we will take care of it from there. If you have any questions, please feel free to reach out to someone from our VA team.
When filling out a VA form 21-4138, you will first need to provide some identification information, including: 1 Full name (of the veteran/beneficiary) 2 Veteran’s social security number (SSN) 3 VA file number 4 Date of birth 5 Veteran’s service number 6 Telephone number (including area code) 7 Email address 8 Mailing address
For instance, say you are writing a statement for and increased rating for your right knee condition.
Step 1: Determine The Scope of The Statement. When writing a convincing statement in support of the claim, it’s important to first decide what you want the statement to accomplish and include a declaration of intent.
As these are written by doctors or other medical professionals, many veterans have no idea what these records say, and as such incorrect information may be included and used to determine a claim. Making a statement gives the veteran a voice and therefore being as detailed as possible is very important.
This is a multi-purpose form that has been used by the VA for many years, on which veterans are able to write any information that they would like the VA to know.
The more details are present, the more the VA will understand the circumstances surrounding your VA benefits claim. Here’s how you can successfully include more details.