| Veteran's Disability |
About
Has the Veterans Administration denied your disability claim within the past year? If so, we want to talk to you!
If your denial is older than one year, we still want to talk to you, but you may have to renew your claim.
Olinsky & Shurtliff is now representing Veterans before the VA Regional Office, at the Board of Veterans Appeals, and in the US Court of Appeals for Veterans Claims and Court of Appeals for the Federal Circuit for Service Connected Disability, Rating Increases and Pensions.
By law, the VA claims process was established to be pro-claimant and nonadversarial. In reality, the VA is anything but nonadversarial and duties are at times unfortunately neglected. Also, even though many conditions may be presumed to be related to service as with veterans exposed to Agent Orange in Vietnam, decisions by VA often contain errors. This is evidenced by the fact that the Board of Veterans' Appeals in recent years has remanded, or sent back, nearly fifty percent of the Regional Office decisions.
Once an appeal is before the Board, the character of the VA opposition substantially changes. Cases are decided by Veterans Law Judges supported by a legal staff to include other VA attorneys. Should the case be appealed onto the U.S. Court of Appeals for Veterans Claims, the attorneys of the VA's General Counsel's Office step in to vigorously oppose your case before the Court.
Frequently Asked Questions
1. How does a veteran or dependent apply for VA benefits?
A written application is required in nearly every instance. The application forms are available online at the VA website (www.va.gov) (see VA claim section at this site) or by calling the VA Regional Office at 1-800-827-1000. Additionally, one can apply for benefits online at the VA web page or seek the assistance of a local veteran's service representative.
2. How long will it take VA to consider my claim?
The VA claim processing and appeal systems are overwhelmed and long delays result at every level of the claim adjudication and appeal process. Many claims anguish for several years without resolution regardless of what steps are taken to help keep the appeal on track. Unfortunately, the current backlog and VA error rate continue to plague VA with no relief in sight.
3. Should a VA denial be appealed?
In nearly every case, the answer is "yes". A claimant must be attentive to meeting the appeal timelines and should carefully review the rating decisions and Statement of the Case to determine the bases for VA's denial. These VA documents should provide guidance as to what is necessary to make the claim succeed. Efforts should be made in the initial appeal efforts to correct any evidentiary deficiencies as the appeal will reach a point at the Board level when no additional evidence may be submitted. New evidence cannot be admitted to the Court as the record is fixed at the time of the Board's decision. In many cases, the claimants become discouraged and simply give up on their claims. Some choose many years later to reopen their claims and have lost years of unpaid benefits as a result.
4. Must a veteran testify in support of his or her claim?
A claimant may not be compelled to testify but has a right to request a hearing before the Regional Office or before the Board if he or she so desires. No testimony is permitted before the Court.
5. Can a veteran who receives VA disability compensation continue to work?
A veteran can work regardless of the VA assigned disability level, even if at the 100% schedular rate. Veterans who receive VA benefits due to individual unemployability or who receive VA pension, cannot be employed.
6. May a veteran receive Social Security Disability benefits while receiving VA disability benefits?
Veterans can receive both Social Security Disability and VA disability benefits simultaneously. Veterans receiving VA disability pension will generally have their pension amount reduced by the amount of any Social Security Disability benefits received as their benefit is based upon need.
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