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Win Your VA Disability Compensation Benefits Claim

 

You finally decided to file a VA disability compensation claim, so now what do you do? Maybe you already have started the paperwork yourself or have been helped by a veterans service officer (VSO) filling out the required VA Forms and are now one of many waiting to hear from the VA about your claims status.

If you haven’t figured it out by now, it’s time to realize that you are involved in a giant paper shuffle and this IS NOT a spectator sport.

You must be actively involved with your claim. No one else has an interest in the outcome of your claim as much as you do. You are dealing with the Government, even though recent changes in law favoring the veteran have been enacted (VCAA), it is still up to you to provide supportive evidence for your claim and become familiar with the rules and regulations the VA plays by.

Application Process

The best way to apply for disability compensation is by obtaining an eBenefits account and applying online. When applying for compensation benefits, you must have access to the following information:

  • Discharge or separation papers (DD214 or equivalent)
  • Medical evidence (doctor and hospital reports)
  • Dependency records (marriage and children’s birth certificates)

Alternatively, you may print and mail-in VA Form 21-526EZ, Application for Disability Compensation and Related Compensation Benefits or call VA at 1-800-827-1000 to have the form mailed to you.

Service members may be able to receive disability compensation benefits sooner if you apply prior to your discharge from service through the Benefits Delivery at Discharge (BDD) or Quick Start pre-discharge programs.

Dependency and Indemnity Compensation (DIC) VA Form 21-534EZ, Application for DIC, Death Pension, and/or Accrued Benefits and mail it to your nearest VA regional office. Learn More

Special Monthly Compensation VA will automatically award special monthly compensation if your disability qualifies. To apply for SMC if you are housebound or required the aid and attendance of someone to perform daily living functions complete VA Form 21-2680 and mail it to your nearest VA regional office. Learn about special monthly compensation benefit rates

TIP: When filing out forms it’s helpful to fill the form completely out and before you sign it make a few copies in case you have to fill it out again. It also contains valuable information if you keep a copy of the form you can use for a reference.

Veterans Service Officers

Get competent representation, while most veterans who come to our site work their own claims. I still feel it’s a good idea to have a service officer just to bounce ideas off of. When choosing a service officer be picky, interview several reps until you find one you think you feel confident with.

A few more words about Veterans Service Officers

The good, bad and mediocre exist in all organizations it is just a fact of life. So accepting that we encourage you to interview a few different Veterans Service Officers. It is important that at a minimum you choose a service officer you feel comfortable and confident in. Without trust and confidence in each other the pursuit of a successful claim will suffer. I say to you if you were going to hire anyone lawyer, doctor, accountant wouldn’t you interview a few first?

Initial Interview with your Veterans Service Officer:

  • Copies make sure you give the Service Officer Copies and keep copies for yourself. Make a note on your pad of documents provided to your service officer.
  • Bring a Pad and pen. Write down the Service Officer’s name, phone number and ask them if they have an email address you can use to check on your claim.
  • This is the interview where the service officer will gather information about you and your claim.
  • This interview maybe fairly short, the service officer will have to obtain your records and review them to be able to give you specific answers about your claim for service connected disability.
  • Your service office should file your claim immediately in order to get you the earliest effective date. You do not have to wait for your records before you file a claim. You want the earliest effective date this will be the date you are paid from, so even it takes two years, you will get two years of retroactive pay.
  • What to take to the initial interview
  • If available DD214
  • List of addresses of private doctors or therapists that you see in connection to problem you are claiming service connection for..
  • Original plus copies, leave the copies with your service officer, I f your claim is successful you will want to be paid for your dependents.
  • Marriage Certificate
  • Birth Certificates
  • Adoption Papers
  • Divorce Decree
  • Private physician statements related to the disability you are claiming service connection for everything.
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5 Things to Know about the VA Appeals Process

UPDATE: 12/15/2017: Most of the information in the following post is no longer applicable as VA has modernized and updated its appeals process to better ensure Veterans receive the benefits they deserve in a more-timely manner. The following post remains available to better understand the evolution of the appeals process. Here’s an article on the new Appeals Improvement

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 a new argument. Nearly 74 percent of appeals are from Veterans who are already receiving VA disability compensation, but are seeking either a higher level of compensation or payment from an earlier effective date.

1 Appeals and Claims are different

Claims defined

You submit a claim when seeking VA disability benefits (or increased benefits) for one or more medical conditions you believe are related to military service.  These claims can be filed online through eBenefits, submitted by mail or in person at the nearest VA regional office.  The claim submission, the military service and health care records and any other evidence associated with the claim are reviewed in order to provide you a rating determination.

The 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 a new argument. Nearly 74 percent of appeals are from Veterans who are already receiving VA disability compensation, but are seeking either a higher level of compensation or payment from an earlier effective date. Continue Reading

The appeals process: Appeals and claims are as different as apples and oranges – VAntage Point

UPDATE: 12/15/2017: Most of the information in the following post is no longer applicable as VA has modernized and updated its appeals process to better ensure Veterans receive the benefits they deserve in a more-timely manner. The following post remains available to better understand the evolution of the appeals process.

2 Appeals at the Regional Office

Once a VA office issues its decision on your claim, you have one year from that date to file an appeal. Read the decision letter closely:  it will tell you why VA made the decision it did.  If you are unsure why or how VA made its decision, ask a Veterans service officer for help.  You can also call VA or go to your regional office.

If you disagree with VA’s decision for any reason – the effective date of your award, the rating percentage you were given or the reason you were denied – you should file a Notice of Disagreement (NOD). Continue Reading

3 Appeals at the Board of Veterans Appeals

Once the board receives your appeal, it assigns a docket date based on the date VA received your Form 9. This date is important: under the law, the board must work appeals in docket order. Currently, the median, or middle, docket date of appeals the board is working is July 2014. Some newer appeals can be pushed to the front of the line: those from older Veterans and survivors, those who are terminally-ill or those who have documented financial hardship, etc. It’s important to know that if the board remands (returns) your appeal to the regional office to gather more evidence, you won’t lose your place on the board’s docket. Continue Reading

The appeals process: Appeals at the Board of Veterans’ Appeals – VAntage Point

There is a perception that a lot of the regional offices’ decisions are appealed to the Board of Veterans’ Appeals. This is not accurate. Historically, only 4 percent of all claims the Veterans Benefits Administration decides are appealed to the board.

4 When an appeal is remanded

The appeals process: When an appeal is remanded – VAntage Point

Appeals are remanded for many reasons…if there has been a change in law, a worsening of a disability on appeal, the Veteran introduces new evidence or theory of entitlement at the Board or if the regional office did not process your claim correctly.

5 VA’s Plan

The appeals process: Your comments and VA’s plans – VAntage Point

UPDATE: 12/15/2017: Most of the information in the following post is no longer applicable as VA has modernized and updated its appeals process to better ensure Veterans receive the benefits they deserve in a more-timely manner. The following post remains available to better understand the evolution of the appeals process.

Board of Veterans Appeals

Source: BVA Site

The Board of Veterans’ Appeals (also known as “BVA” or “the Board”) is a part of the VA, located in Washington, D.C.

Members of the Board review benefit claims determinations made by local VA offices and issue decision on appeals. These Law Judges, attorneys experienced in veterans law and in reviewing benefit claims, are the only ones who can issue Board decisions. Staff attorneys, also trained in veterans law, review the facts of each appeal and assist the Board members.   {38 U.S.C. §§ 7103, 7104}

Anyone who is not satisfied with the results of a claim for veterans benefits (determined by a VA regional office, medical center, or other local VA office) should read the “How do I Appeal” pamphlet.  It is intended to explain the steps involved in filing an appeal and to serve as a reference for the terms and abbreviations used in the appeal process.

Further Reading 

VA Disability – Step 7: The Notice of Disagreement (VA Appeal)

The VA Regional Office [VARO] decides your claim initially. But if you disagree with their decision, you can ask for it to be reviewed within the VA, and then by the courts. First, you can request review by a Decision Review Officer within VA; Second, you can appeal a denied claim to the Board of Veterans’ Appeals.

VA Disability – Step 8: Filing A Court Appeal | Stateside Legal

The Veterans Court is an appellate court, which means it only reviews Board decisions. The Court primarily looks to see that the Board followed the laws that apply to your case. The Court does not make its own factual findings.

Video Blog – Board of Veterans’ Appeals – Hill & Ponton, P.A.

Matt Hill: Welcome to another Hill & Pontin VA Disability Blog. My name’s Matthew Hill and I’m here with … Carol Ponton: Carol Pontin. Matt Hill: Today we’d like to talk to you about the Board of Veterans’ Appeals. What it is, how you get there, and what do you do there.

The Appeals Process at a Glance – Hill & Ponton, P.A.

The VA Claims process can be long and confusing. Below is a simplified overview of the appeals process. The three main entities that handle a claim and its subsequent appeals are the VA Regional Office, the Board of Veterans Appeals, and the Court of Appeals for Veterans Claims. You begin by filing a claim for benefits with the Regional Office (RO).

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