Source: Hill & Ponton, P.A. Checkout their blog for more great information.Matthew Hill: And today we’d like to talk to you a little bit about … We’re talking about a series on big mistakes vets make, and problems that are presented in their claim, that interfere with them getting the benefits they deserve. Today, we just want to talk briefly on C&P exams, comp and … [Read more...] about Common Mistakes – Attending the C&P Exams by Hill and Ponton
VA Claims Articles
[Reprinted here with permission from Veterans Law Blog]5 years ago, in 2012, I first wrote about an issue that has been one of my major “preaching” points in VA Claims and Appeals. I pointed out, in a post called “CAVC lashes out at VA: “Again, you failed to follow the law.” that the VA had for a very long time been forcing Veterans to prove something that by law the VA was … [Read more...] about CUE, the Presumption of Soundness, and Really Old Errors by Chris Attig
Appeals process: The multi-stage appellate process is available to you after you have already received one or more decisions on your claim, but disagree with some aspect of VA’s decision. During the appellate process, an appeal undergoes additional independent reviews, often multiple times and by different adjudicators, as you or your representative submit new evidence and/or … [Read more...] about Veterans Affairs Disability Claims Appeals
[Reprinted here with permission from Veterans Law Blog]There is a lot of misunderstanding about whether and when a Veteran can retain an accredited Veterans Benefits attorney to represent the Veteran in a claim for disability compensation before the VA. And there is even more misunderstanding out there about what attorneys can – and do – charge Veterans for representation in … [Read more...] about Need a Lawyer? Learn About Veterans Benefits attorneys & the Fees They Charge – VeteransLawBlog
Today, we want to kind of take the last two, the appealing both at the regional office and then also to the BVA and talk about what your job is. Once you’ve appealed, you’re going to have a couple years on either one to do, but you need to not just sit back and just say, “Oh, it’s in the appeal process, it’s going.” What should people be doing? Related: Appeals and Claims … [Read more...] about Common Mistakes – Dont Sit Back During Your Appeal – Hill & Ponton, P.A.
While there are 2 legal processes to pursue an earlier effective date, there are several legal theories that can be used in those processes. Here are 2 of the most common legal theories to argue for an Earlier Effective Date in a VA Disability Compensation Claim. … [Read more...] about 2 Times Veterans Should Argue for an Earlier Effective Date. – Veterans Law Blog
[Reprinted here with permission from Veterans Law Blog]When it comes to the current options for challenging a VA Ratings Decision, Veterans often send me emails asking what do they do..which option do they choose? To begin answering that question, let me tell you a story. Every so often, my wife and I trade out our family chores. She pays the bills, I go grocery shopping….she … [Read more...] about When You Get a VA Ratings Decision, Should You File an Appeal, Request to Reopen, or Seek Reconsideration?
Today, we’re gonna talk about the appeal itself. Once you get a decision, what you need to do after the decision. The two avenues we’ve seen are to appeal it, or to ask for a reconsideration. Carol, what are your thoughts on this? Don’t ask for a reconsideration. That’s my thought. You know, one of the saddest things is that we see people not continue their appeals. If you’re … [Read more...] about Appeal vs Reconsideration – Hill & Ponton, P.A.
In order for the VA to recognize a veteran’s PTSD in order to award service connection, the diagnosis must be provided by a qualified medical professional. Even though many veterans are treated by VA or private therapists who are not doctors or psychologists (i.e. licensed mental health social workers, licensed counselors, etc.), the VA will not accept their opinions initially … [Read more...] about PTSD Guide: VA Service Connection from Hill and Ponton
A veteran will receive compensation at the 100% disability rating level if his/her service connected disabilities prevent the veteran from being able to get a job and keep the job. A Total Disability Rating Based on Individual Unemployability (TDIU or IU) is possible even if the veteran’s service connected condition does not equal a 100% disability rating.Obtaining a 100% … [Read more...] about Unemployability (IU) Guide from Hill and Ponton