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.
An experienced veterans’ disability lawyer can evaluate the reasons for the denial and determine what needs to be done for your appeal. If you’re a veteran and need to file a disability claim, or your disability claim has been denied, call our experienced …
May 24, 2020 · Why Most Veterans Appeal Disability Claims With an Attorney Instead of a VSO Posted by Berry Law on May 24, 2020 in Veterans Disability Many Veterans understand that they can appeal a denied VA claim with assistance from a local Veterans Service Organization. Local VSOs assist Veterans in many ways, such as providing transportation to and from VA medical …
Mar 08, 2022 · 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.
If you find that your disability claim was denied by the Department of Veterans Affairs (VA), filing an appeal could be your best chance to obtain the benefits you need. However, dealing with this process can be challenging without the right legal counsel. A veterans’ disability appeals lawyer could help you understand this process and advise you on pursuing your claim.
How Do I File an Appeal With the VA? 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/.
Why use a VSO to help you file a claim? The majority of VSOs were started by veterans for veterans. So, using a VSO representative means that you will have someone who understands where you've been and what you're up against as you transition out of the military.
In 2018, the percentage of appeals approved with an attorney was 44.61%, while only 27.22% of appeals were approved with no representative. In 2019, 46.31% of appeals were approved with an attorney, while only 26.18% were approved with no representative.
If you do request a hearing, VA cannot reduce your rating until it is held. Requesting a hearing can provide the veteran with additional time to submit new evidence to fight the proposed reduction.May 2, 2018
You can find an accredited VSO, Attorney, or Claims Agent using either of these options: Visit eBenefits and select “Manage”, “VA Representative”, “Representative Search or Request for Representative” and then you can search by state/territory, zip code, or an organization's name to find a recognized VSO near you.Oct 14, 2021
A VSO, along with state, county, and other local Veteran service representatives are trained to help you understand and apply for any VA benefits you may be entitled to including: compensation, education, vocational rehabilitation and employment, home loans, life insurance, pension, health care, and burial benefits.
Fiscal Year 2018: Board of Veterans' Appeals Approval Rate Of this 35.75 percent, 19.61 percent (16,729) were allowed without any remanded issues, while 16.14 percent (13,763) were allowed with at least one remanded issue.Aug 1, 2019
In general, the total average wait time is 1,573 days from when Veteran files and appeal to when VA issues a decision on that appeal. It is important to note that these wait times are averages, and claimants may experience longer or shorter wait times.
Here's how their decisions played out: In fiscal year 2020, the Board allowed (approved) 33.8% of the legacy appeals and 37% of the AMA. As for denials, the Board denied 20.3% of legacy appeals and 27.6% of AMA.Apr 4, 2021
The VA disability 10-year rule states that the U.S. Department of Veterans Affairs (VA) cannot eliminate a disability rating that has been in place for at least 10 years unless there is evidence of fraud. This 10-year period is calculated from the effective date of VA's original grant for service connection.Dec 31, 2021
The five-year rule states that the VA can't reduce a veteran's disability that's been in place for five years, unless the condition improved overtime on a sustained basis. The veteran will likely need to present medical evidence to prove the material improvement of their condition.Apr 7, 2022
Your condition has “persisted without material improvement for a period of five years or more” (i.e., stabilized rating); The “disability from disease is permanent in character and of such nature that there is no likelihood of improvement;”
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...
When choosing a lawyer you should talk to at least 2 or 3 before you sign any contract. Choose someone who is prompt to respond to your questions and eager to discuss your case. If you are shuffled from one paralegal to the next and you aren't able to speak with the lawyer, move on to someone else.
Call the SWAN legal resource at 202-798-5570.
Most lawyers won't work for free. Any lawyer who says they will help you file a claim and then charge you for it is breaking the law. If you do need help filing your claim, for whatever reason, you should contact a veterans service organization for free help.
Get the latest information about in-person services, claim exams, extensions, paperwork, decision reviews and appeals, and how best to contact us during this time.#N#Go to our coronavirus FAQs
Accredited representatives and VSOs can help you understand and apply for VA benefits, like:
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 unusual expenses. It’s only after we’ve made a decision about your original claim that VA-accredited claims agents and attorneys may charge for their services.
Go to eBenefits to find a local representative (including a recognized VSO, an attorney, or a claims agent) by state/territory, zip code, or the organization’s name.#N#Go to eBenefits
You’ll need to either use eBenefits or fill out a form and mail it in.
If you find that your disability claim was denied by the Department of Veterans Affairs (VA), filing an appeal could be your best chance to obtain the benefits you need. However, dealing with this process can be challenging without the right legal counsel.
As long as the claim is continuously pursued, meaning all appeals are filed within one year of the decision, the effective date will remain intact.
The next appellate option is a higher-level review. A senior reviewer takes a new look at the veteran’s claim and determines whether the VA’s decision can be overturned based on a difference of opinion or an error. New evidence cannot be submitted with this review option.
The first decision review option is a supplemental claim. A veteran can file a supplemental claim if they have new and relevant evidence that was not considered at the time of denial. New evidence is evidence not previously part of the record, and relevant evidence is information that can prove or disprove a matter at issue in an appeal.
A VA-accredited representative can help you understand and apply for any VA benefits you may be entitled to including: compensation, education, Veteran readiness and employment, home loans, life insurance, pension, health care, and burial benefits.
VA’s Office of General Counsel maintains a list of VA-recognized organizations and VA-accredited individuals that are authorized to assist in the preparation, presentation, and prosecution of VA benefit claims at https://www.va.gov/ogc/apps/accreditation/index.asp.
The Department of Veterans Affairs (VA) accredits three types of representatives—Veterans Service Organization (VSO) representatives, attorneys, and agents—to help ensure that claimants have access to responsible and qualified representation on their VA benefits claims.
Typically, VA-accredited attorneys and claims agents perform most of their representation after VA has issued an initial decision on a claimant’s claim—this is when attorneys and claims agents are permitted to charge fees for their representation.
Only VA-accredited attorneys and claims agents may charge you fees for assisting in a claim for VA benefits, and only after VA has issued an initial decision on the claim and they have complied with the power-of-attorney and the fee agreement requirements.
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.
As of 2021, if a disabled veteran with a spouse and no children has a 100% VA disability rating, he or she would be entitled to a monthly disability compensation payment of $ 3,321.85.
A 100% disability rating denotes a medical condition that is completely and totally disabling, with no expectation of finding gainful employment. As of 2021, if a disabled veteran with a spouse ...
So it’s much easier for the disabled veteran to get a diagnosis of tinnitus, and meet the Veterans Administration’s first major criteria for qualifying for disability benefits. The following conditions may contribute to your tinnitus issues: Anxiety. Depression. Meniere’s disease.
For example, high blood pressure (hypertension) can aggravate tinnitus, as can head and neck conditions and traumatic brain injuries, or TBIs. Tip: If you’re already rated for one of these conditions, but not for tinnitus, it may make sense to put an additional VA disability claim for tinnitus as a secondary condition.
For example, your tinnitus may cause you to be unable to sleep, or function during the day. This, in turn, could cause or aggravate depression or anxiety. In this case, your secondary claim – depression or anxiety disorder – could well result in a more significant disability rating than your primary issue.
Tinnitus is better known as a “ringing in the ear” syndrome. Many veterans are familiar with it from firing weapons without hearing protection or being near explosions: It’s routine to experience a high-pitched ringing in the ear for a few seconds after being exposed to very loud noises.
The legacy VA appeals process has changed to the decision review process . If you disagree with a VA decision dated on or after February 19, 2019, you can choose from 3 decision review options (Supplemental Claim, Higher-Level Review, or Board Appeal) to continue your case.
In most situations you have one year from the date on your decision letter to request a decision review. The deadline to file may be different if you have a fiduciary claim or a contested claim, or you’re filing a Supplemental Claim.
I live in NW IN and I'm looking for either a lawyer or VSO to represent me. I'm leaning more towards a lawyer since I need someone who's really "squared away." Is there anyone that you would highly recommend for me in this area? I'll go as far as Indy or Fort Wayne if necessary. Also looking for someone to possibly represent me for SSDI also.
I spoke to a RO rep in Indy once and I told him I was uploading my documents in ebenefits and he said they don't use ebenefits for reviewing documents. I was going to fax them or mail them, but there's about 750 pgs worth of stuff.
Thanks for all the advice. Thanks for the link to the accredited VSO's too. All very helpful.