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You’ll no longer have to talk to the VA about your claim. Instead, you’ll call your law firm, and we will handle the VA for you. If you have a simple claim, using a free VSO might be a good idea. A VSO will be able to handle something simple like a tinnitus claim.
The Winston-Salem office was founded for the sole purpose of representing veterans and their families struggling to obtain VA benefits. Our practice still follows the initial principles set forth by our Founding Attorney, Marine Corps veteran Brendan Garcia.
At Hill & Ponton, if we determine that we can win a case then we are successful over 90% of the time. Granted, there are times when we get a case and we just don’t have the facts to prove it but any experienced VA claims lawyer should have a very high success record.
Owner and Lead Attorney Brendan Garcia represents veterans in all 50 states with their VA Disability Appeals, in all stages of the VA Appeals process. Appellate Attorney Matthew White represents veterans before the Board of Veterans Appeals and the United States Court of Appeals for Veterans Claims.
List of the Top 10 Most Common VA Disability Claims#1 Tinnitus.#2 Hearing Loss.#3 Post Traumatic Stress Disorder.#4 Scars, General.#5 Limitation of Flexion, Knee.#6 Lumbosacral or Cervical Strain.#7 Paralysis of the Sciatic Nerve.#8 Limitation of Range of Motion of the Ankle.More items...
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.
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...•
The VA denies around 30% of disability claims each year. It can be frustrating to learn that your claim for VA compensation was denied. You may feel like you did everything they asked of you and provided all the evidence necessary to get the disability compensation you deserve.
The Veterans Benefits Administration usually takes 12-18 months to review new appeals and decide whether to grant some or all of the appeal.
The VA appeals process timeline for an informal claim is typically within 9-12 months. However, for a formal claim, the average time frame can range anywhere from 18-24 months.
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.
How Do I Increase My VA Disability Rating?Filing an appeal within VA's deadlines.Filing a new claim for an increased rating.Filing for TDIU, or total disability based on individual unemployability.Filing for secondary service connection.
Tips on How to Obtain VA BenefitsUnderstand what's required for the claim. ... Don't claim un-winnable conditions. ... Be proactive. ... Use the correct forms. ... Get military records. ... Send in evidence with the claim. ... Show up to VA exams. ... Know what the VA exam is about.More items...
As you might expect, it is difficult to obtain a 100% VA disability rating with just one service-connected disability. Most veterans who receive a 100% rating have two or more disabling conditions. Often, these conditions have a secondary service connection.
Increased Rating Claims and Evidence Similar to service connection claims, VA denies increased rating claims due to a lack of evidence. VA will typically look through your medical records and schedule a C&P exam to determine whether your condition has worsened over time.
The VA is there to serve veterans, so instead of dwelling on the claim denial, it's time to take action.Option #1: File a Notice of Disagreement (NOD) ... Option #2: Request a senior rating specialist to review your case. ... Option #3: File a Supplemental Claim. ... Don't Forget: Make Copies of Everything. ... Prepare to Wait.
The lawyers for veterans disability claims at our North Carolina firm will provide you with personalized attention. After our lawyers for veteran benefits have gotten the details of your case, they will go to work. Our lawyers specializing in veterans benefits will keep you informed every step of the way.
If the injuries you have as a result of a service-related accident are severe enough to prohibit you from work, hiring a veterans benefits lawyer from our firm is your best course of action. The lawyers for veterans disability claims at our firm will learn the details of your case.
One of the most common reasons you may be denied VA disability benefits is due to a lack of evidence. Allowing our lawyers for disabled veterans help you is a great way to compile the evidence needed to get your appeal approved.
One of the main concerns you may have when trying to find the right lawyer for veterans benefits is how much they will charge. We charge no upfront VA disability attorney fees. The only way we get paid is if you are awarded your veterans benefits from the VA.
Finding the best veterans benefits attorney in North Carolina is easy when calling Jackson & MacNichol. We offer a free consultation where you can find out exactly how we can help. Instead of taking on this difficult process on your own, let us fight on your behalf.
If the VA believes you have not adequately met any of their three criteria, you will be issued a denial. A denial can be issued for any of a variety of reasons, but one of the most common is the veteran’s failure to provide a medical diagnosis of their disability, or if the VA does not believe that the disability is service-related. The VA will provide a denial letter that will outline their reason or reasons, which will be crucial information when building a strategy to overcome the denial.
A Direct Appeal to the Board of Veterans’ Appeals is by far the most intensive of the available options. There are several options a veteran can pursue when it comes to their appeal, including a formal hearing, or submitting additional evidence to be considered by the Board.
All veterans who receive a denial have the right to pursue an appeal. Depending on whether your case is considered a Legacy Appeal, or if it falls under the rules of the Appeals Modernization Act, you will need to either file a Notice of Disagreement (NOD) or file a form to choose an appeal option.
Opting for a North Carolina VA appeals lawyer who has actually served in the military may help improve their understanding of your situation and eliminate the need to explain your military experiences to someone without similar experience.
Berry Law Firm helps Vets from all over North Carolina, including those located in cities such as:
The forms must be signed and dated, packaged with any evidence you wish for the VA to consider, and either mailed to the VA Evidence Intake Center in Janesville, Wisconsin, or faxed to the VA at the number listed on the form.
Submitting a VA Appeal in North Carolina. Unfortunately, the VA does not always make the correct 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. This is the first step in the VA claims process that a North Carolina VA ...
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.
Those fees are only paid if your claim is successful. Usually the reports needed by experts don’t cost that much and we always get the client’s permission before any case expenses are added to your case. If your claim is not successful, you do not have to repay a penny of your case expenses.
There are many old cases that are relevant to veterans’ claims today. Citing a tiny law or legal case from 1987 could be a determining factor in your claim. This is where hiring a qualified VA certified disability attorney can make the difference in your claim.
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.
Free Consultation. Serving Pennsylvania, Ohio, West Virginia, and Maryland. Call toll-free at 888-534-6016.
We handle all types of Veterans Benefits cases throughout North Carolina and beyond.
You’ve come to the right place. Because of your service to the country, service members are entitled to many benefits including veterans’ education benefits, veterans’ death benefits, and veterans’ disability benefits.
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It is always a good idea to research your lawyer prior to hiring. Every state has a disciplinary organization that monitors attorneys, their licenses, and consumer complaints. By researching lawyer discipline you can:
The estimated time it takes to decide appeals to the BVA is 365 days. However, if a hearing is requested, it will take more than 365 days. What Is the Board of Veterans’ Appeals (BVA)? The BVA is the appellate body of the VA and has the ability to overrule decisions made by a regional VA office.
VetLaw is the law firm of choice for veterans in all 50 states. Our main office is located one block from VA’s Regional Office in Winston-Salem, North Carolina. The Winston-Salem office was founded for the sole purpose of representing veterans and their families struggling to obtain VA benefits. Our practice still follows the initial principles set forth by our Founding Attorney, Marine Corps veteran Brendan Garcia.
VetLaw can take the lead in assisting you with pursuing an appeal and obtaining the benefits that you deserve. Since there may be a limited time to act in some cases, do not hesitate to call a VA disability lawyer today and start exploring your options.
Other veterans may suffer from pain in one or more joints. This type of disability is often hard to prove, but the United States Court of Appeals for Veterans Claims has recently ruled that pain which results in function loss also qualifies as a disability for VA compensation purposes.
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 ...
If the lawyer holds out being ‘accredited’ as the only experience that he has in VA law that is a red flag. If this is all the experience and training the lawyer has that means that the lawyer will be using your veterans claim case to get training on veterans law. His errors could undermine your case.
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.
As a wounded warrior, you’re entitled to compensation for your service-connected disabilities. Working with a trusted veterans disability lawyer is your best chance for getting more benefits from the earliest effective date possible. Have you been denied compensation by the VA for your claim? We can help you fight back.
We represent cases at all levels – Regional Offices, Board of Veteran’s Appeals, Court of Appeals for Veterans Claims, Federal Circuit, and even the Supreme Court.
Get the most up-to-date information about filing & arguing cases to get the most benefits for your veterans.
The Veterans Law Group (VLG) is a law firm which has successfully represented disabled veterans and their dependents for more than sixteen years. Mark Lippman is a well-established and trusted practitioner of veterans law, having represented thousands of claimants with physical and psychological disabilities. With his experienced staff, Mr.