| Veterans Benefits - Frequently Asked Questions (FAQ) |
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THIS PAGE IS UNDER CONSTRUCTION If you have questions about your claim for Veterans Benefits, contact a Veterans Benefits Attorney at the Attig Law Firm. VETERANS - REQUEST A CONSULTATION BY FAX One of the most important values of our Firm is that "Information is Power" - we want you, the Veteran, to have more power, whether you retain our Firm or not. When the VA considers your claim, they have volumes and volumes of cases, rule-books, institutional experience and unlimited legal counsel at their fingertips. What do you have? The Attig Law Firm hopes to provide substantial information to Veterans seeking disability compensation benefits for their service-connected injuries or illnesses, both in our FAQ and in our Veterans Benefits Blog. If you have any suggestions how we could improve our website to help even the scales for the Veteran and to help you secure the benefits you, the Veteran, deserve, please don't hesitate to This e-mail address is being protected from spambots. You need JavaScript enabled to view it . It is important to note that this website and this Blog are not meant to be legal advice - they are meant to give you, the Veteran, information and education. Nothing can take the place of competent legal advice from a VA Benefits Lawyer or a Veterans' Service Organization . If there are any questions not here that you would like answered, please feel free to This e-mail address is being protected from spambots. You need JavaScript enabled to view it . 1. What are the steps in the VA's Veterans Benefits Claim Process? 2. When can I hire an attorney to help me in my claim? 3. Why would I want to hire an attorney to help me in my claim? 4. Is there anything I need to know before I hire an attorney to represent me? 5. How much does it cost to hire an attorney for a Veterans' Benefits Claim? 6. How long does a claim for VA Benefits take? 7. What benefits can I receive from the VA? 8. I have been discharged from the military for years - can I still file a claim for benefits? 9. Do I have to be honorably discharged to receive benefits? 11. Are my VA Benefits taxed as income? 12. Does the VA have to help me in my claim for benefits? 13. What is the difference between having a VSO represent me and an attorney represent me?
What are the steps in the VA's Veterans Benefits Claim Process? * Be sure to save copies of everything that the VA sends you or that you send the VA. We recommend that whenever you send anything to the VA about your claim, send it via Certified Mail Return Receipt Requested. It costs a few extra dollars, but is worth the cost to prove the VA received a document they may later claim they didn't receive (or, worse yet, that a VA employee shredded or destroyed). A) The Original Claim. All claims for benefits start with an original application. The easiest way to file an application is online - click here for a link in a new window to the VA's online application process. You can also submit a VA Benefits Application by Mail. Click here for a link to the Form. In addition to "original claims", there are also remanded claims and reopened claims. If you have questions about a Reopened or Remanded claim for Veterans Benefits, you should consider contacting a VA Benefits Lawyer to discuss your claim.
B) The VA Rating Decision. After receiving your application, the VA will begin to develop evidence that will support or deny your claim. This includes medical records (both in-service and post-service, VA medical records and private medical records), military service records, etc. A claims representative will review your claim and the supporting evidence and issue a "Rating Decision". If your claim is granted, the Rating Decision will tell you what claims were granted and what impairment rating was assigned to you, and the Effective Date of your benefits. The VA often makes mistakes in determining the correct impairment rating; they also frequently assign the wrong "Effective Date" to your claim. The effect of these errors can often be that you are not receiving all the past and future money that you may be entitled to you. Even if the VA grants your claim and starts paying you benefits, the Attig Law Firm recommends that you contact a VA Benefits Lawyer to make sure that the VA properly decided your claim and is paying you the right amount of benefits. If the VA claims representative denies your claim, you should get a Ratings Decision that explains the "reasons and bases" for the VA's denial. You will have one (1) year from the date that the Ratings Decision was sent to you to file a Notice of Disagreement (NOD) challenging the VA's Rating Decision.
C) The Veteran's Notice of Disagreement (NOD). The Attig Law Firm has a Veterans Benefits Blog - in that blog we have a post that discusses the Notice of Disagreement - called a NOD - in more detail.
D) The Decision Review Officer (DRO) review process. When the Veteran files the t;/strong>Notice of Disagreement (NOD), the Veteran should request that a Decision Review Officer (DRO) review the VA Ratings Decision. The DRO is generally a more senior claims examiner, who has the authority to reverse the VA Rating Decision's conclusion. The DRO also has authority to meet or discuss the claim with the Veterans Benefits attorney or the Veteran. The Attig Law Firm Veterans Benefits Blog Article - "Should you elect a DRO review after filing a NOD" discusses the Attig Law Firm's position on requesting the DRO. Click Here and that Veterans Benefits Blog Article will open in a new window.
E) The VA's Statement of Case (SOC). The Statement of the Case (SOC) is statutorily required, and is prepared by the VA Regional Office. It's purpose is to explain to the Veteran the reason(s) that the Veteran's claim for benefits was denied. The Statement of Case (SOC) must provide notice to the Veteran of the relevant and/or controlling statutes and/or regulations on which the VA Regional Office relied to support its decision to deny benefits. The Attig Law Firm Veterans Benefits Blog Article ("What is the Statement of the Case") discusses a bit more detail about the Statement of the Case (SOC). Click here and the Attig Law Firm Veterans Benefits Blog Article ("What is the Statement of the Case") will open in a new window in your browser.
F) The Veteran's Substantive Appeal - VA Form 9.
G) The BVA Hearing.
H) Appeal to the CAVC.
I) Appeal to the Federal Circuit Court of Appeals.
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2. When can I hire an attorney to help me in my claim? There is a lot of misunderstanding about whether and when a Veteran can hire an attorney to represent the Veteran in a claim for disability compensation. You can hire an attorney anytime in the process - here's the thing, though. An attorney can only charge you a fee for representation (for claims which were denied on/after June 20, 2007) after a Notice of Disagreement has been filed. If your claim was denied by the VA prior to June 20, 2007, an accredited agent or attorney is only permitted to charge fees for services after the Board of Veterans’ Appeals issued a first final decision in the case. Some attorneys and Veterans Service Organizations (VSOs) will tell you that you cannot hire an attorney to represent you before the issuance of a Notice of Disagreement. This is not true. An attorney can represent a Veteran before the VA Regional Office in an original claim on a pro-bono basis. The Attig Law Firm, PLLC, does occasionally represent Veterans in their benefits claims on a pro-bono basis in certain specific situations. Contact the Attig Law Firm to determine if you are eligible for pro-bono legal representation from the Attig Law Firm, PLLC.
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3. Why would I want to hire an attorney to help me in my claim?
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4. Is there anything I need to know before I hire an attorney to represent me?
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5. How much does it cost to hire an attorney for a Veterans' Benefits Claim?
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6. How long does a claim for VA Benefits take?
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7. What benefits can I receive from the VA?
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8. I have been discharged from the military for years - can I still file a claim for benefits?
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9. Do I have to be honorably discharged to receive benefits?
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10. Does my medical condition or illness need to have happened while I was on military duty to get benefits?
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11. Are my VA Benefits taxed as income?
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12. Does the VA have to help me in my claim for benefits?
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What is the difference between having a VSO represent me and an attorney represent me?
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