Oif/oef, Irag, Afganistan Soldiers New Nvlsp Program For Those Med Boarded, Stalled In Claims, Denied Disability

[Capt.]

After a brief discussion with Mr. Ron Abrams, National Legal Veterans Services Program(NVLSP) and the new program designed to help those OEF/OIF , Irag, Afganistan Veterans, I have posted the particulars of the Program below.

Known as the Physical Disabilty Board of Review or PDBR , it is designed to help propel the Veterans claim or decisions faster and with greater chance of being treated fairly with their benefits and awards. As many Veterans know or are soon to find out , VA and DOD use the decision tactics of Lowballed ratings , Med Boarded out, deemed unfit, or outright denial, or facing any of the other tactics VA and DOD used to stall the Veteran , dependents or Widow in granting their claims and awards.

The DOD and VA almost always try to deny or lowball initial decisions just under the minimum requirements by law to help compensate or award those benefits. And as most of us know that the procedure to correct , erronous , faulty or illegal decisions always take a long, and tiring trip thru the "PROCESS".

This program can help end or shorten greatly, those tactics used by VA and DOD that many refer to as the hamster wheel.

Please read the information Mr. Abrams sent me and contact NVLSP if you have any questions.

Once again THANK YOU MR. Ron Abrams for your unselfish service to our nations Veterans, Widows and Dependents .

As always the Veteran must remember to NEVER GIVE UP. God Bless, Merry Christmas, C.C.

The National Veterans Legal Services Program (NVLSP) provides free legal representation through its Lawyers Serving Warriors® project to veterans applying to the Physical Disability Board of Review to obtain permanent military disability retirement benefits.

Since 9/11, 100,000 of those who served in Iraq or Afghanistan have been found unfit for continued military service due to physical or mental disabilities. The large majority of them received a military disability rating of less than 30% -- which deprived them of retirement benefits including monthly retired pay, TRICARE healthcare coverage for both the service member and his or her dependents, and access to military commissaries and exchanges.

Because Congress believed the military often under-evaluated these disability ratings, it created in 2008 a new military board, the PDBR, to review the case of anyone who was medically separated since 9/11/2001 with a rating of less than 30%. The PDBR has the authority to increase the disability rating to 30% or above so that the veteran receives lifetime disability retirement benefits retroactive to the date of separation. To date, nearly 40% of the veterans applying to the PDBR have won an increase in their disability rating so that they are entitled to lifetime military disability retirement benefits.

To apply to the PDBR, a veteran must submit an application and supporting documents proving that the disability rating the veteran received by the military should have been rated at a higher percentage using the VA’s schedule for rating disabilities. NVLSP’s Lawyers Serving Warriors® project has trained attorneys who can help veterans apply to the PDBR at no cost to the veteran.

To get more info and request free assistance on a PDBR application, go to http://www.lawyersservingwarriors.com. Then “Click for additional PDBR info”.

Edited December 4, 2012 by Capt.Contaminate

[broncovet]

Aye, Aye Captain, Berta and Seth. Good advice. I will add this:

In addition to the programs mentioned, the NVLSP takes Veterans pro bono IF:

1. You have a recent BVA decision (that is, less than the 120 day appeal period, but dont wait 119 days!), where at least part of your benefits were denied.

2. The NVLSP identifies "at least one issue of merit".

3. You cooperate with the NVLSP, meaning you are willing to sign POA over to them, as well as any EAJA fees, and, you provide the NVLSP with the records they need to help you.

4. They have lawyers and resources available.

I will add that a remand wont work, because a remand is not final and you simply have to wait for the results of the remand In other words if the Board remands your case to the RO to do a C and P exam, with no issues denied, you simply need to wait until the results of the C and P exam go through the system and it is denied BY THE BOARD. However, the NVLSP will consider representing you if you have some issues remanded but others were denied.

The NVLSP probably has done more good for Veterans than all of the VSO's combined. Ron Abrams and Bart Stichman are the best of the best, in VA law as they have actually co authored the Veterans Benefit Manual.

The NVLSP uses any EAJA fees back "into the pot" to help the next Vet.

I plan on donating money to the NVLSP when I receive retro, so that other Vets may be likewise helped.

[bluenote]

Bronco:

The NVLSP program you mentioned is actually the coordination of four different pro bono veteran service organizations into the Veterans Consortium Pro Bono Program. I'd give the other organizations credit but I can't recall who they are off the top of my head. For those interested, please contact them at the link below if you are seeking their assistance as soon as possible after the Board decision. They'll need time to consider the issues and the 120 day clock is always ticking.

Seth Director

[john999]

I agree a vet is a vet, but Vietnam Era vets were treated like &^%$ on the VA's shoes. The military treats them differently also by giving "Combat Action Award" to non-infantry soldiers for OIF/OEF. This is PTSD verification stressor that we non-infantry vets did not get even if we lived through ground attack during tet or rocket and mortar attacks.

There are a host of other areas where Vietnam Era vets have always been on the defensive with the VA and military. However, I still think those young men and women who were in Iraq and Afghanistan did suffer as much as we did from hostile conditions. Iraq, Afghanistan and Vietnam were different kinds of war, but still war. We made the mistake of being in a losing war and being scapegoated for it.

What is the stereotype of a Vietnam vet in the media?

John