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Veteran’s Disability Law is an extremely complex area of law. Prior to 2006, veterans were not allowed to hire VA disability lawyers to represent them in the Regional Office and the BVA. This law was changed in 2006 with the recognition by Congress that veterans should have the right to hire VA claim lawyers in this very important area of law.
A VA-certified disability attorney can help you decide what is the best of course of action for your claim. Get Your Appeal Started: Woods and Woods can help get your appeal started right away.
However, if you are filing a more difficult claim, like Individual Unemployability benefits, we highly suggest you get an experienced VA-certified disability attorney. The more complicated your claim is, the better evidence you are going to need to be successful.
A veteran does not have to be completely disabled to receive compensation benefits. 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.
How much do Arizona Veterans Benefits pay? The amount you receive from the Veterans Administration depends on the severity of your service-connected disabilities. Some veterans currently receive more than $3,332.06 a month in Arizona Veterans Benefits.
Since 1985, Woods & Woods has been defending the rights of injured and disabled people. Our lawyers are tough. They are highly-skilled in VA law and they fight for disabled veterans. If you deserve Arizona Veterans Benefits, give us a call. We are here to help.
In Arizona alone, there are half a million veterans, and between 10-20% of them have a service-connected disability.
Veterans with multiple disabilities receive partial decisions, addressing some conditions while ignoring others. The decisions that veterans receive are unclear or confusing and veterans are left not knowing what the VA needs to make a more favorable decision.
VA will issue a Rating Decision that either fully grants, partially grants, or denies the claim. If the veteran disagrees with any part of the Decision, the veteran has one year to submit a notice of disagreement (NOD). Then, VA will issue a statement of the case (SOC) with reasons for the denial/ratings decision. If the veteran is still not pleased with the decision, s/he can appeal to the Board of Veterans’ Appeals (BVA) by filing VA Form 9 within sixty (60) days from the most recent SOC or one year from the rating decision, whichever is later. Approximately 2.5 years after filing a VA Form 9 / Formal Appeal, an appeal goes to the highest level of appeal inside the VA – the BVA in Washington, DC. The BVA sends many cases back to the RO level to correct a mistake made in the case. If the BVA denies the appeal, the next appeal is to the Court of Appeals for Veterans Claims (CAVC). The veteran has 120 days to appeal to the CAVC. At the CAVC, the case becomes adversarial, i.e. the Veteran versus the government. Click here for a VA document explaining the appeal process.
The VA Benefits Administration provides benefits to veterans that suffered a disability as a result of service, certain wartime veterans based on need, and eligible dependents.
These are just a few of the many kinds of situations we’ve helped veterans overcome. We also help with these issues and many more: 1 Physical conditions, orthopedic, nervous, muscular, vascular and pulmonary 2 Agent Orange 3 Mental disorders, like depression, anxiety, PTSD 4 Military sexual trauma 5 Unemployability 6 Diabetes 7 Blindness 8 Special Monthly Compensation 9 Aid & Attendance 10 Clear and Unmistakable Error
Veterans disability claims are processed in an administrative, not judicial, process, using VA forms, various other correspondence, and other “development” consistent with VA’s rule and regulations. Initially, claims must be filed by the veteran directly with VA.
VA’s programs are designed to help disabled vets as much as possible , with all manner of physical and mental conditions. VA Disability Compensation is for “service-connected” conditions. When a condition is related to an in-service event, injury, illness, or disease, it is often referred to as direct service connection. Secondary service connection is when the condition in question stems from an already service connected condition. And even if the condition pre-existed military service, if it was aggravated during service, it can be service connected to the extent of the aggravation. VA understands that not all disabilities occur during or immediately after military service, so there’s no special window in which you have to apply for benefits. If service connection is granted, Compensation is provided based on the severity of the disability, with an emphasis on functional impact, i.e. the ability to work and earn a living. In fact, even if a veteran’s service-connected conditions do not combine to 100%, the veteran can be granted a total disability rating.
America’s Veterans should receive the compensation that they earned while defending America, and this includes Veterans in Arizona, home to approximately 522,000 Veterans. The Census Bureau estimates that 17% of these Veterans have at least one service-connected disability (the same percentage as the national average).
Most appeals begin with filing a Notice of Disagreement (NOD) with your VA Regional Office. The NOD, usually due within one year of a rating decision, notifies the VA that you disagree with the decision that has been made. An NOD can simply state “I disagree”, or can include substantial amounts of supporting evidence The Regional Office in Arizona is located at: 3333 North Central Ave. Phoenix, AZ 85012
The Regional Office will reply with a Statement of Case (SOC), which presents the state of the case and is sent to the Board of Veterans’ Appeals (BVA). The BVA will review the material to make its own determination. If you feel that the BVA has made an incorrect ruling, the next step is to appeal to the CAVC.
Once completed, these forms can be submitted to the VA. Initial claims generally take several months to process, although they can be expedited for certain reasons, including terminal illness, Veteran age over 75, homelessness, or financial hardship.
Although an Arizona VA disability lawyer from Berry Law cannot help you file an initial claim, a local VSOs can. The VA recognizes some VSOs to help prepare and present claims to the VA.
Despite a solid claim, the VA Regional Office may nonetheless make an improper decision for a Veteran’s initial disability benefits claim. If an initial claim is denied, rated too low, or given an improper effective date, you can appeal the decision.
The effective date for each disability claim is independent so an earlier effective date for a shoulder claim will usually not apply to a gastrointestinal claim initially filed years later.
Veterans who are represented by VA-accredited attorneys have an advantage because VA rules are complicated and they change frequently. An experienced VA-accredited attorney knows the requirements for getting service-connected disability compensation, VA Pension, Housebound Benefits, Aid and Attendance, VA health care, housing benefits, concurrent retirement and disability payments (CRDP), and more.
One Veteran fighting for another to ensure veterans and their dependents get the benefits they deserve from the Department of Veteran Affairs. Free case evaluations.
If you have applied for disability or pension benefits and been denied, or you need a discharge upgrade to qualify for benefits, it's in your best interest to consult an attorney who has been accredited by the Department of Veterans Affairs (VA).
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.
In some cases, your award may have an effective date that could go back for decades. When this happens, the VA is required to pay you all of the benefits you would have received over the years. This could result in a very large award of money.
Learn Your Rights: As a veteran with disabilities, you have rights. These rights include compensation for your service-connected disabilities. The military promised to take care of you if injury from service occurred. Talk to a VA accredited veterans benefits lawyer about your rights as a disabled veteran.
Learn Your Options: After the VA denies you disability or gave you a low rating, you may not be sure about your options. Some veterans should focus on VA mistakes, some should appeal a flat-out denial, and others should try increasing their veterans disability benefits rating. A VA-certified disability attorney can help you decide what is the best of course of action for your claim.
The way to win your claim is by collecting strong evidence and presenting it to the VA in a clear and concise manner. This is why experience plays a big part in claims. Your VA-certified disability attorney knows exactly what evidence you need.
A large majority of our clients first used free veterans service organizations (VSOs). Our lawyers regularly work with veterans after they have worked with a veterans organization.
When you call Woods and Woods, you get an experienced, knowledgeable, and tough VA-certified disability attorney. Woods and Woods has fought the VA for thousands of veterans. It’s what we do every day.
If you hire Woods and Woods, we file everything for your appeal. Woods and Woods has developed innovative case management strategies to correctly and efficiently file clients’ appeals. We have a department of case analysts who are dedicated to writing briefs and preparing documents, and our Board of Veterans Appeals (BVA) attorneys have filed thousands upon thousands of appeals for veterans.
A VA Accredited/Certified Veterans Benefits Lawyer is worth it.
If Veterans die from their service-connected disabilities, their surviving spouses receive an additional 5-point award to their test scores.
Qualified, 100% permanently disabled veterans are eligible for a “Disabled Veterans Annual Day Use Pass” which gives them access to the twenty-seven parks in the state system.
If the Veteran is receiving disability compensation from the VA, Arizona gives them an additional 10 points.
Arizona’s County Assessor waives property taxes for surviving spouses and disabled people under some circumstances. Contact this office for more information.
No cost for Veterans. Eligible spouses and dependent children incur a one-time nominal fee for internment
All Arizonan Veterans living in the state are exempt from license tax for vehicles they purchase using VA’s financial aid programs. Surviving spouses of Arizona Veterans receive this benefit too provided they do not remarry. ARIZONA VETERAN RECREATION BENEFITS. Hunting and Fishing Licenses.