If you thought being in the military was difficult, get ready for the fight of your life as you try to obtain what is rightfully yours— Veterans’ Disability Benefits. Read through our bullet-point-driven veterans’ claims guide to find out what documents you need and what are the steps required to maneuver the complex maze of obtaining your veterans’ disability benefits.
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Free No Obligation Case Review.Toll Free 1-866-Go-Bulldog
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A JOINT MANEUVERIf you thought being in the military was difficult, get ready for the fight of your life as you try to obtain what is rightfully yours—Veterans’ Disability Benefits. Read through our bullet-point-driven veterans’ claims guide to find out what documents you need and what are the steps required to maneuver the complex maze of obtaining your veterans’ disability benefits.
As your representative our lawyers will be your agent in meetings, telephone conversations, or discussions with the VA. We help you in the preparation of your claim. We know the law and regulations governing the issues of your claim. We prepare motions and briefs on your behalf setting forth your argument so the VA cannot deny it on a simple technicality. We prepare and accompany you to your hearings.
Good evidence is vital to winning your claim.
IN THE BEGINNING…Don’t even consider hitting the pause button. Start your claim for benefits ASAP because it takes a long time to get them. Get an advocate. A written and dated handwritten note will begin the process. You will have more than enough time to get your paperwork and documents together. If the VA is ready to hear your claim before you have all the documents, your advocate can request that you want to submit all the evidence prior to your claim being decided.
It can take up to two years for your claim to be heard the first time and several more years if your claim is remanded, denied, and/or appealed. Stop the roadblocks and call us today toll-free at 1-866-462-8553.
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5 Important Deadlines1. 1 year to complete VA Form 21-526—Application
for Compensation and Pension
2. 90 days to file an appeal from date of second notification to submit new evidence, request a hearing, or change advocates.
3. 1 year to file a NOD if you are not happy with the BVA’s decision
4. 60 days from date on SOC to file VA Form 9 or the remainder of 1 year from date in which BVA first denied your claim (whichever deadline is longer).
5. 120th day after BVA denied, the notice of appeal must be filed within the 120 days in order to appeal to the CVA
5 Personal Virtues Necessary To Proceed With Va Claims
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3 Types Of Representatives Or Advocates Who Can Present Your Claim To The Va
1. Veterans’ Service Officers (VSO)—Free advocates from the state or county department of veterans affairs.
2. Free legal aid for low income qualifiers
3. Attorney-at-law—Legal representation cannot charge you a fee until after the Board of Veterans Appeals have denied your claim.
FYI: Your representative will need to have access to Title 38 codes, VA advocate manuals, guides, and handbooks.
Benefit Of Retaining A Lawyer To Recover Your Veterans’ Disability Benefits
Lawyers know how to appeal, prosecute, and challenge decisions that are not in your favor. Your VSO doesn’t go that far.
The process of obtaining your military service disability benefits will not be simple. Lawyers like soldiers are fighters. They know the ins and outs and most of all, the laws involved in the decision-making process of what to grant and what to deny. Life is not always fair but lawyers like soldiers will fight for justice, your justice.
Call us now to get the answers to your questions, 1-866-462-8553.
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11 Rights:1. To review your VA file
2. To have your own doctor examine you in connection with your claim for compensation or pension. The report must be comprehensive and on your own dime.
3. To obtain your service medical records (SMR)
4. To receive one copy of your C-file; obtain it
5. To have a RO hearing before and after the BVA makes a decision
6. To file a motion for reconsideration
7. To appeal to the U.S. Court of Veterans Appeals
8. To reopen your claim at the RO with new evidence
9. To appeal the Court of Veterans Appeals (CVA)
10. To ask the BVA to reconsider
11. To hire an attorney to help with appeals
What’s The Difference Between Veteran’s Disability Compensation And Veteran’s Pension Benefits?Veteran’s Disability Compensation is a benefit awarded to a person who has suffered or developed a service-connected injury or disease. Veteran’s Disability Pension is a benefit paid to a person who is suffering from a non-service-connected disability or is older. Pension benefits are needs based on your income, combined with your spouse’s income, and dependent children averaged over a year, deducted from the maximum pension amount.
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Benefit Of Retaining A Lawyer To Recover Your Veterans’ Disability BenefitsLawyers can recommend medical experts to quantify your injuries and disabilities. Call now to find out what your legal options are— 1-866-462-8553.
8 Ways To Support Your Claim1. Have all your documents 1. in order (keep copies).
2. Keep all your correspondence 2. from the VA.
3. Support your claim with medical reports preferably by medical experts. 3.
4. Send all medical records (but only if you benefit by them/nothing 4. detrimental) to your advocate who will send to the VA.
5. Give your advocate a list of all VA hospital and VA medical clinics where you have been treated.5.
6. Ask your friends and family and friend from your military service 6. to write testimonies about your symptoms.
7. Meet all your deadlines.7.
8. Hire an experienced and knowledgeable representative or advocate who is ahead 8. of the curve, understands the game plan and knows how to present all the facts, is able to provide answers to you in a timely matter, and possesses follow-through. In other words, not someone who goes AWOL in the middle of the proceedings.
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2 Things To Do If Medical Or Personnel Records Are Lost Medical: Unfortunately, this is not uncommon. If you were treated in a VAMC, the VA might not have that info in your file. Tell your advocate where you treated and he/she will let the RO know in order to collect the records.
Personnel: Some personnel records were lost in a big fire in 1973 at the NPRC. Your advocate can look elsewhere and file a National Archives Form 13075.
3 Negative OutcomesRO decides your disability is not service connected.
Be awarded an evaluation of your disability that is lower than expectations.
Object to the date which the VA decides is the effective date to start payment.
4 Different Types Of Appeals 1. Reconsideration—A motion to reconsider does not mean
you win.
2. Appeal to the Court of Veterans Appeals (CVA)—This is a separate federal court agency different from the VA.
3. Reopen your claim to the RO with new material and evidence —you can hire an attorney for legal representation.
4. Appeal the CVA and try to reopen your claim at the RO with new evidence.
Free No Obligation Case Review.Toll Free 1-866-Go-Bulldog
(1-866-462-8553)
Benefit Of Retaining A Lawyer To Recover Your Veterans’ Disability BenefitsThe process of obtaining your military service disability benefits will not be simple. Lawyers, like soldiers, are fighters. They know the ins and outs and most of all, the laws involved in the decision-making process of what gets granted and what gets denied. Life is not always fair but lawyers like soldiers will fight for justice, your journey to justice.
6 Helpful Resources1. U.S. Dept. of Veteran Affairs, www.va.gov
Free ConsultationThe Book on Veterans Claims is by the same authors as “The Book on Comp.” The information has been provided by the law firms of Anapol Schwartz and Shor & Levin, P.C.
Since being founded in 1977, the law firm of Anapol, Schwartz, Weiss, Cohan, Feldman & Smalley, P.C., has grown to more than 30 attorneys, and compiled a record of success unusual among its peers. Achievements are the result of attorneys and staff, who advocate zealously ensuring that those who are negligent are held accountable for their actions.
For 30 years, the law firm of Shor & Levin, P.C. has specialized in workers’ compensation cases. Through the years, the firm developed first-hand knowledge of changes in workers’ compensation law; rules that affect Social Security Disability and Medicare; and numerous complex litigation issues. In some legal circles, they are known as the Bulldog Lawyers.
To find out about our Free No Obligation Consultation, all us toll free at 1-866-462-8553 or tell us more about your case at www.bulldoglawyers.com.