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The how and why for in the VA process for filing a claim for service connected disability compensation. We combine the Knowledge, Skills, and abilities of Veterans to provide other Veterans the information and support they need dealing with the Veterans Affairs system.
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Hiring an Attorney Discussions on S. 3421
An Act
To amend title 38, United States Code, to repeal certain limitations on attorney representation of claimants for benefits under laws administered by the Secretary of Veterans Affairs, to expand eligibility for the Survivors' and Dependents' Educational Assistance Program, to otherwise improve veterans' benefits, memorial affairs, and health-care programs, to enhance information security programs of the Department of Veterans Affairs, and for other purposes.
117 topics in this forum
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- 1 follower
- 12 replies
- 413 views
I submitted a follow on claim four years after my initial claim for worsening conditions. I got a notification (accidentally) from QTM to schedule two C&P exams about 30 miles in opposite directions. I live in NYC. Being an 8D, I checked out the doctors. For PTSD, I was assigned a child psychologist. For my back and ankles, I was assigned a nurse practitioner with no specialized experience in osteopathic or neurologic disorders. I cancelled all the appointments and call the VA. I asked to have my C&P exams conducted only at a VA facility near me. Chad, the nice VA guy said he would change my preference but it would take longer to get my C&P exam. I am…
Last reply by Buck52, -
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- 1 follower
- 5 replies
- 267 views
I just want to put this info out there..a great attorney if you need one..Woods and Woods The Veterans Lawyers (866)232-5777 . They only charge 20%. They are based out of Indiana, but cover all 50 states as a VA lawyer does not need to be in the state that you live in. I recommended them, well, because after 21 years of fighting, I am finally 100% unemployable. (was 80). If you have been fighting like I have...and well, the years are flying by to no avail...CALL THEM!!!!!!
Last reply by broncovet, -
- 2 replies
- 352 views
I need help appealing my PTSD and right shoulder condition effective dates. My PTSD condition has been in deferment since 2018 and was closed Dec 26. 2019. I was awarded 30% as of Sept 2019 ( They claim I submitted a supplemental claim then when in fact it was in June of 2019) and 70% as of Dec 13 2019 when I had a 3rd C&P MH exam to straighten out the previous 2 exams which were full of inaccuracies. They state the Dec 13th exam is when 70% was factually proven. My shoulder condition was originally claimed in April 2017 and my Service records show an injury to my shoulder but the C&P did a less than thorough exam and claimed it was less likely than …
Last reply by LightningFan75, -
- 2 replies
- 298 views
Hello, I am 100% service connected veteran. I was recently in a locked Psychiatric Facility that the VA paid for. I was there for a year. I deal with the symptoms of schizo-affective disorder in many different ways. one way that doesnt really work is drugs. i would use drugs to make the voices go away. it would work but only for a short time. after i would come down the voices would be even more active which lead me to use again and again. This created a vicious cycle and it wont me up in a locked psych facility not once but twice. i have been clean now for 9 months and 22 days. i feel i am financially competent and can handle my own financial affairs. i have been wi…
Last reply by broncovet, -
- 4 replies
- 1.2k views
Last reply by Holllie Greene, -
Finally- one of your very own members is accepted at the Court... https://asknod.org/2018/02/07/beyond-the-yellow-brick-road-road-trip/
Last reply by Buck52, -
- 18 replies
- 1.7k views
So excited the first of several lawyer's I contacted agreed to take my case but says he charges 30% of retro? This amount seems high to me? I thought 20% was the max rate? Decisions decisions decisions?
Last reply by Lemuel, -
Need an attorney for Wyoming or California for a complicated case. SF-95 Tort case. Reopening of class action case: 19880802 Bray vs Derwinski docket log.pdf Have some cash and credit for costs expected to be over $100,000 to get through discovery if we can get that far. Will pay hourly for start effort. Then law allows 20% to 1/3. possibly 40% for my individual case contingency since two state action. A lot of recent NIH research publications providing new evidence. Mr. Bray claims a “legal disability” under Mr. Curtis’s cited Title 28, Section 2401 (a) of 3 years from August 15, 2015 instead of (b) and further claims a “Misrepresentation of Fac…
Last reply by Lemuel, -
- 3 replies
- 331 views
C&P showed disability, but VA said not service connected, when DoD states connected. Now it is time for an attorney to NOD. Any suggestions?
Last reply by WomanMarine, -
- 3 replies
- 527 views
Considering hiring an attorney. I've looked through the NOVA list. Not sure exactly where to start. Does it matter if the firm is located near by? I used an attorney a few states away for my parents Aid and Attendance Pensions. Happy with the results but this firm does not deal with any other veteran's issues. I thought that as long as the firm was in the same time zone--it would be kosher. Other than that--I understand I need to contact several firms and engage them in conversation, etc. It still feels like I am picking someone out of the hat without someone suggesting a few good firms. I am in Ohio. 10 minutes from Michigan. 50 miles from border of Indiana. …
Last reply by SueEdel, -
After doing this for over 26 years, I have decided to go feet dry and apply for the non-attorney practitioner's license and take the test. The VA website on it says the process takes about a year. No surprises there, huh? Thus, God and VA willing, I'll be making life miserable for VA raters for years to come. Having now been declared officially "cured" of my Hepatitis C, I feel it's time to get back to work. Being 20-year protected, I can't be pole-axed with a reduction.
Last reply by broncovet, -
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- 10 replies
- 980 views
I assume once your under contract there is no way to get out with your lawyer? I would assume you need to prove some type of malice on their part? Not happy with my current attorney but I think I'm stuck until appeal process is over which means until I die. Anyone know if there is anyway out?
Last reply by Chuck75, -
- 8 replies
- 521 views
Any one ever used Law Offices of Gordon & Doner (injuredveterans.com). Everyone I have spoke too so far there has been great and they agreed to take my case. I just wanted to see if anyone else has used them in the past?
Last reply by Berta, -
- 2 replies
- 203 views
Happened in florida but im moving
Last reply by bluenote, -
- 2 replies
- 259 views
I need a lawyer to contest my ratings.
Last reply by redstone185,
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Most Common VA Disabilities Claimed for Compensation:
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Our picks
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Defense Bill Passage and Bladder Cancer
rebabevets posted a question in VA Disability Compensation Benefits Claims Research Forum,
I already get compensation for bladder cancer for Camp Lejeune Water issue, now that it is added to Agent Orange does it mean that the VA should pay me the difference between Camp Lejeune and 1992 when I retired from the Marine Corps or do I have to re-apply for it for Agent Orange, or will the VA look at at current cases already receiving bladder cancer compensation. I’m considered 100% Disabled Permanently-
- 10 replies
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5,10, 20 Rule
Ddsr posted a question in VA Disability Compensation Benefits Claims Research Forum,
The 5, 10, 20 year rules...
Five Year Rule) If you have had the same rating for five or more years, the VA cannot reduce your rating unless your condition has improved on a sustained basis. All the medical evidence, not just the reexamination report, must support the conclusion that your improvement is more than temporary.
Ten Year Rule) The 10 year rule is after 10 years, the service connection is protected from being dropped.
Twenty Year Rule) If your disability has been continuously rated at or above a certain rating level for 20 or more years, the VA cannot reduce your rating unless it finds the rating was based on fraud. This is a very high standard and it's unlikely the rating would get reduced.
If you are 100% for 20 years (Either 100% schedular or 100% TDIU - Total Disability based on Individual Unemployability or IU), you are automatically Permanent & Total (P&T). And, that after 20 years the total disability (100% or IU) is protected from reduction for the remainder of the person's life. "M-21-1-IX.ii.2.1.j. When a P&T Disability Exists"
At 55, P&T (Permanent & Total) or a few other reasons the VBA will not initiate a review. Here is the graphic below for that. However if the Veteran files a new compensation claim or files for an increase, then it is YOU that initiated to possible review.
NOTE: Until a percentage is in place for 10 years, the service connection can be removed. After that, the service connection is protected.
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Example for 2020 using the same disability rating
1998 - Initially Service Connected @ 10%
RESULT: Service Connection Protected in 2008
RESULT: 10% Protected from reduction in 2018 (20 years)
2020 - Service Connection Increased @ 30%
RESULT: 30% is Protected from reduction in 2040 (20 years)-
- 41 replies
Picked By
Tbird, -
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Post in New BVA Grants
broncovet posted an answer to a question,
While the BVA has some discretion here, often they "chop up claims". For example, BVA will order SERVICE CONNECTION, and leave it up to the VARO the disability percent and effective date.
I hate that its that way. The board should "render a decision", to include service connection, disability percentage AND effective date, so we dont have to appeal "each" of those issues over then next 15 years on a hamster wheel.
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Finally Won...NOW WHAT?
Ztmiller8 posted a question in Appealing Your Veterans Compensation Disability Claims NOD, DRO, BVA, USCAVC,
Finally heard back that I received my 100% Overall rating and a 100% PTSD rating Following my long appeal process!
My question is this, given the fact that my appeal was on the advanced docket and is an “Expedited” appeal, what happens now and how long(ish) is the process from here on out with retro and so forth? I’ve read a million things but nothing with an expedited appeal status.
Anyone deal with this situation before? My jump is from 50 to 100 over the course of 2 years if that helps some. I only am asking because as happy as I am, I would be much happier to pay some of these bills off!-
- 13 replies
Picked By
Seekz, -
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Post in Higher level review
Joey Ross posted an answer to a question,
I told reviewer that I had a bad C&P, and that all I wanted was a fair shake, and she even said, that was what she was all ready viewed for herself. The first C&P don't even reflect my Treatment in the VA PTSD clinic. In my new C&P I was only asked about symptoms, seeing shit, rituals, nightmares, paying bills and about childhood, but didn't ask about details of it. Just about twenty question, and nothing about stressor,
Picked By
Joey Ross, -
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