Category: Veterans' Disability

Unfortunately, not every veterans’ disability benefits claim that deserves to be approved gets approved on the first try. Sometimes, there is a mistake with the initial application that results in the denial of the claim. Other times, there is a mistake that is made by the regional office of the United States Department of Veterans’ Affairs (VA) that is reviewing your application. Either way, it is up to you to right the wrong by appealing the VA’s decision.

Whether your claim was completely denied or you dispute the amount of compensation that you will receive, you have a limited amount of time to take action and to protect your rights.

Here’s How You Do it

You can begin the appeals process right away by contacting an experienced veterans’ disability lawyer for help. Your appeal will begin when you submit a written statement to your regional VA office explaining that you disagree with their decision and wish to appeal. Next, you will submit an official form (Form 9) to the board within 60 days of sending the letter. After that, you will collect evidence regarding your appeal and request a hearing. Finally, after the hearing, you will receive a decision from the Board of Appeals.

If you still disagree with the board’s decision, you may appeal again, this time to the U.S. Court of Veterans Appeals for Veterans Claims.

Don’t Give Up Now

It can be frustrating and discouraging to have your claim denied, or your compensation undervalued, by your regional VA office. However, your fight for fair compensation is not over. You can still get the recovery you deserve if you know how to file an appeal and if you turn to an experienced Veterans’ disability lawyer for help. To learn more about what you can do now to protect your rights on appeal, please contact us directly via this website to schedule a confidential consultation.

If you have been injured or made ill while on active duty in the armed forces, or if a previous health condition was made worse by your service, you may be eligible for veterans’ disability benefits through the Department of Veterans Affairs.

But Before You Can Collect Benefits, You Must Apply for Benefits

You can apply for these tax-free benefits by filling out VA Form 21-526, Veterans Application for Compensation and/or Pension. This form will require you to submit specific information, including:

• Medical evidence showing that you are disabled. This includes information about your injury or illness and your medical records from doctors and hospitals.
• Information about your limitation. The VA wants to know if you are housebound, if you rely on someone else for assistance, or if you are in a nursing home.
• Information about your active service. This includes separation papers.
• Information about any Reserve or National Guard duty.
• Information about your dependents, including your spouse and children.

After submitting your application and other information, you may be examined by a medical professional at a VA hospital. After that, the VA will review your case and make a decision regarding the benefits you deserve.

You may file your veterans’ disability benefits claim online at the Veterans Online Application (VONAPP) website. You can also mail or take your application to the nearest VA office. It may be a number of months before you hear from the government regarding your application. If your claim is denied, then you may appeal their decision.

Save Time—Get Your Application Right the First Time

Applications that are incomplete or incorrect will be denied. This means more time without the benefits you’ve earned and that you deserve while you appeal the decision.

We understand that it can be difficult to talk about your medical condition, but we encourage you to find out more about whether you may qualify for veterans’ disability benefits and about how the process works so that you can make an informed decision about whether to apply for such benefits. Please contact us today for a confidential consultation.

You may be disappointed by the decision of the Department of Veterans’ Affairs. Your disability claim may have either been:

• Denied, or
• Awarded, but for much less than you believe is appropriate and fair.

Fortunately, you have options and your pursuit of fair disability benefits is not over yet.

But Your Time to Pursue an Appeal Is Limited

There are several steps you may need to take to protect your rights and each has a strict deadline associated with it. After your veterans’ disability claim has been denied by your regional VA office, you may:

• File a Notice of Disagreement within one year of the date of the letter notifying you of the decision on your initial claim. This appeal goes to your regional office and asks that office to reconsider your claim.
• Once you file the Notice of Disagreement, the VA will reply with a Statement of the Case. If you disagree with the findings in the Statement of the Case, you have either one year from the date of the letter notifying you of the decision on your original claim or 60 days from the date on the letter that came with your Statement of the Case to file an appeal to the Board of Veterans’ Appeals. You have the right to use whichever of these two deadlines provides you with more time.
• If the Board of Veterans’ Appeals denies your request, you can file a new claim or make a motion for the Board of Veterans’ Appeals to reconsider your appeal. There are no time limits if you take these actions.
• If the Board of Veterans’ Appeals denies your request, you also have the right to appeal to the United States Court of Appeals for Veterans’ Claims. You have 120 days from the date of the Board of Veterans’ Appeals decision to file with the court.

While looking over these deadlines, keep in mind that the faster you move through the appeal process steps, the faster you will receive your decision and benefits. Because the process can take so long and because there are often delays, taking the necessary steps toward your appeal as quickly as possible will minimize the time you will wait.

Don’t Appeal Alone

You have the right to work with an experienced Veterans’ disability lawyer to help you get the fair recovery you deserve. Please contact us via this website or by phone to discuss your appeal options before it is too late to take action.

Si fue diagnosticado(a) con diabetes tipo II y considera que su condición fue ocasionada o empeorada por su servicio militar, es posible que llene los requisitos para recibir beneficios por discapacidad de la Administración para Veteranos. En la actualidad, alrededor de 270,000 veteranos reciben beneficios por discapacidad en razón de su diabetes, la mayoría de los cuales son veteranos de la guerra de Vietnam que estuvieron expuestos al Agente Naranja.

Para presentar exitosamente una reclamación por discapacidad ante la Administración para Veteranos sobre la base de diabetes tipo II , usted debe probar la relación entre su enfermedad y su servicio militar activo. Si tiene un historial médico que muestra que usted desarrolló esta enfermedad durante su servicio o dentro del año de su regreso a casa – o que sufrió síntomas no diagnosticados asociados con la diabetes durante este tiempo – es posible que tenga un caso. Asimismo, si tiene alguna otra lesión o enfermedad relacionada con su servicio que puede demostrar condujo a su diagnóstico de diabetes, también podría tener un caso.

Si prestó servicio militar en la guerra de Vietnam y, en algún momento, pisó pié en Vietnam durante ese servicio, el Departamento de Asuntos para Veteranos supone que usted estuvo expuesto al Agente Naranja, un herbicida tóxico que los profesionales médicos han asociado a una variedad de enfermedades, incluyendo la diabetes tipo II. Los veteranos que han estado expuestos al Agente Naranja y que padecen de diabetes llenan los requisitos para recibir una compensación por discapacidad.

If you requested a personal hearing during the appeal process for your VA disability claim in Texas, you may have chosen to have this hearing with a Board Member. For those who have never sat through a personal hearing in the past, the process may seem intimidating. Fortunately, by breaking down the steps for what you can expect, you may feel more calm and prepared. You can expect the following as part of your personal hearing:

• The hearing is informal. Your personal hearing for your VA disability benefits in Texas will not mimic a formal courtroom trial.
• At the beginning of the hearing, the Board Member will identify himself to you and make sure that you agree as to what the claims are on appeal.
• The Board Member will then go over with you what will happen during the hearing.
• As part of the personal hearing, you will be asked to take an oath where you agree to tell the truth.
• During the hearing, you will have the opportunity to speak to the Board Member about any information that you feel is important. You may also add evidence to your claim that will be added to your file for review by the Board Member.
• Using a representative is beneficial because he or she will guide your explanation of the claim by asking you questions during the process.
• In some cases, the Board Member will ask you questions during the hearing.
• A transcript of the personal hearing is added to your file with the Board of Veterans’ Appeals. The Board Member will review all of the information in the file and make a decision.

To learn more about this and other helpful articles relating to VA disability benefits in Texas, follow us on Facebook.

As part of your claim for veterans’ disability benefits you likely will need to submit copies of both your medical and military service records. To succeed on a claim, applicants must demonstrate a relationship between an injury suffered during military service and an ongoing disability. Obtaining these records can feel confusing for those who have never done so in the past. Fortunately, a Houston veterans’ disability attorney can assist you through this process.

It is important to note that obtaining medical and military service records is not one in the same. Medical facility records and military service records are actually stored in different places. The following is an overview of helpful tips for obtaining the records that you need to bring forth a successful disability claim:

• To obtain copies of military records, write to the National Personnel Records Center in St. Louis, Missouri.
• File a form SF180 in order to obtain records.
• Obtain a form SF180 form your local VA office, either by visiting the office in person or calling and requesting that a form be mailed to you.
• In your letter to the National Personnel Records Center, state the period of time that you were hospitalized, where you were treated, and request copies of the treating facility’s records.
• Write to any doctor or treating facility where you received medical treatment for your disability following your military service.

Obtaining these records is a vital aspect of preparing your claim for benefits. For more helpful tips about veterans’ disability benefits, like our Facebook page today. The attorneys at Morgan & Weisbrod are extensively experienced and knowledgeable about this complex area of the law.

Actually, there is no need to apply because the Defense Finance and Accounting Service (DFAS) automatically add Concurrent Retirement and Disability Payments (CRDP) benefits to the monthly compensation checks of eligible veterans—typically service people who’ve retired under one of the following stipulations:

• After 20 or more years of service
• Under Chapter 61
• Under Temporary Early Retirement Authority
• After 20 or more years in the National Guard and Reserve

If you aren’t receiving CRDP and believe that you should be, you can contact DFAS directly by calling its toll-free number: 888-332-7411. Veterans are also able to reach out to their branch of the military service:

• Air Force: The United States Air Force Personnel Center, 800-616-3775.
• Army: United States Army Human Resources Command, 888-276-9472.
• Navy and Marine Corps: Navel Council of Personnel Boards, 877-366-2772.

If it’s determined that you weren’t receiving CRDP when you should’ve been, you may receive a retroactive lump-sum check from either DFAS or VA to make up the difference.

If you have any problems in the process, consider enlisting the help of an experienced Dallas veterans’ attorney.

Are you receiving all the Dallas VA disability compensation you are entitled to? Don’t keep guessing—set up a no-cost consultation with Morgan & Weisbrod today. Call (214) 373-3761 or fill out the online form. Don’t wait another day.

It can be shocking and upsetting to receive notification that your application for veterans’ disability benefits was denied – or that your disability rating is lower than you were expecting. After getting over the shock of your results, however, you have a decision to make: should you appeal your claim or not?

To make that decision, it is first necessary to understand exactly why your claim was denied. Was your application missing a key piece of evidence? Did they feel like you didn’t clearly prove your disability? Did they write that you did not connect your health problem with your military service? If you were denied for a reason that doesn’t make sense to you, you will probably want to appeal.

It is important to realize that the VA makes mistakes – even they admit that their claim processing error rate is around 15 percent. If your claim was denied, it is absolutely not rare for a simple mistake to be the cause of your denial.

At Morgan & Weisbrod, we can review your disability benefits claim application and help you understand why your claim was denied – and whether it would be worthwhile to appeal your claim. To schedule a free, private meeting with one of our Texas veterans’ disability lawyers, call us today at (214) 373-3761.

Disabled veterans who receive disability pension payments for their service-related impairments and health conditions will see a 3.6 percent increase in their monthly payments beginning in January 2012. The increase in their compensation is due to a cost of living adjustment (COLA) – an increase in pay based on the rising cost of goods and services across the country, such as food, clothing, and transportation.

The last COLA increase took place in 2008. Since then, the weak economy and stalled inflation rates have meant that the cost of living in America froze until this year. Social Security disability benefits will also see the same COLA increase this year.

The VA cost of living increase in 2012 will affect disabled veterans, their families, and the survivors of deceased veterans. A veteran with a ten percent disability rating will now receive $127 per month, while a veteran with a 100 percent disability rating will receive $2,769 per month.

The Department of Veterans’ Affairs encourages all veterans to review their benefits and their COLA increases online.

If you are a veteran with a service-related disability and believe you deserve benefits, contact a Texas veterans’ disability lawyer today for assistance. Call Morgan & Weisbrod today at (214) 373-3761.

Due to a significant backlog of cases and the recent wars in Iraq and Afghanistan, it can take up to a year for the Department of Veterans’ Affairs to process your disability claim, provide you with a rating decision, and approve you for benefits.

What Happens if I File an Appeal?

If you make the decision to file an appeal in the year following a denial of veterans’ disability benefits, it takes an average of seven months to receive another decision. If you then appeal the Statement of the Case, you may wait another two years before you receive benefits. While these long wait times can be frustrating and financially straining, it is important that you do not become discouraged from applying for disability benefits or appealing a denial if you do indeed deserve support.

How Can I Speed Up the Process?

How can you make the approval or appeals process go faster? While there is little you can do to speed up the process, you can make sure that you provide the VA with complete medical records that clearly link your illness or health condition with your military service – and that you complete all of the other necessary paperwork needed for approval.

Need legal assistance with your veterans’ disability benefits case? Contact the Texas disability attorneys at Morgan & Weisbrod today.