Question 1

I applied for Service-Connected Disability Compensation, but my claim was denied, or I did not receive the rating I feel I’m entitled to. What do I do?

Accepted Answer

If you receive a decision from the VA on your initial claim for disability compensation that you believe is incorrect or does not award the full amount you are entitled to, you may appeal the decision to the Board of Veterans’ Appeals (BVA) by filing a Notice of Disagreement within one year of the date of the decision. You can appeal issues such as the denial of service connection, the ratings awarded, or the effective date of your benefits. You must determine whether you want your appeal to be handled by a Decision Review Officer (DRO) or through the traditional process. You can also request a hearing at this time. When considering your appeal, a consultation with a knowledgeable attorney who can explain your options is highly recommended. After you file your Notice of Disagreement, the VA will issue a Statement of the Case, which is a more detailed explanation of the findings in your ratings decision and how and what evidence was considered in making those findings. If you still disagree with the VA’s findings, you must act quickly by filing a VA Form 9 with your Regional Office within 60 days of the receipt of the Statement of the Case. You may also request a hearing in front of the BVA at this time. Again, the assistance of an accredited, experienced VA attorney can help with your appeal to the BVA by developing your claim and presenting it in an effective manner which will encourage a favorable decision.

Question 2

The Board of Veterans’ Appeals denied my claim. Now what do I do?

Accepted Answer

If the decision from the Board of Veterans’ Appeals (BVA) does not satisfy your claim or award the benefits you feel that you are entitled to, you may appeal your claim to the Court of Appeals for Veterans Claims (CAVC). The CAVC is an Article I court and not part of the VA and has exclusive jurisdiction to review decisions of the BVA. If the BVA denies your claim take action immediately! You must submit a notice of appeal to the CAVC within 120 days of receiving the decision from the BVA. An appeal to the CAVC is an adversarial process. The VA will be represented by an attorney from the VA’s General Counsel, therefore it is important that you have an attorney that can represent your interests and argue against the VA’s position. Our attorneys are admitted to practice before the CAVC and can insure that you have professional, competent, and zealous representation needed before the court. If the CAVC denies your claim, you have two final opportunities for appeal. You may first appeal your claim to the Court of Appeals for the Federal Circuit. If dissatisfied with the decision of the Federal Circuit, you may appeal your claim to the Supreme Court of the United States. However, the Supreme Court has the discretion to hear your claim or deny review. Again, the assistance of an attorney who is licensed to practice before those courts and who is familiar with the rules and procedures of those courts is crucial to making your best argument.

Question 3

Are there other benefits I (or my dependents) may be entitled to, based on my service-connected disability?

Accepted Answer

There are other benefits you may be entitled to, based on your service-connected disability. Listed below are a few of those benefits. Maximizing your benefits and ensuring you are receiving every benefit to which you are entitled are tasks that a knowledgeable and accredited attorney, like those at our firm, can help you achieve. Total Disability based on Individual Unemployability (TDIU): When a veteran does not meet the schedular requirements for a 100 percent disability rating but is nevertheless unable to work due to his/her service-connected impairments, the veteran may be entitled to an extraschedular rating of 100 percent under TDIU. Secondary Service-Connection: Veterans with service-connected impairments may develop other impairments as a result. For example a veteran with service connected diabetes may develop hypertension, a veteran with severe service-connected physical impairments may develop depression, or a veteran with a service-connected left knee impairment may develop arthritis in his right knee from over compensating. Secondary impairments that arise from service-connected impairments are compensable and given a separate rating that is included in the veteran’s overall disability rating. Special Monthly Compensation: Veterans with certain severe disabilities may be eligible for additional Special Monthly Compensation (SMC). Under the SMC eligibility regulations, you may qualify for additional compensation if, as a result of your military service, you incurred the loss or loss of use of specific organs or extremities. Dependency and Indemnity Compensation: A death benefit is available to the surviving spouse or children of a deceased veteran. This benefit is called Dependency and Indemnity Compensation (DIC). To qualify, you must show that the veteran’s death was related to an in-service incident or illness. However, survivors of veterans who die from non-service-connected conditions may also receive DIC if the veteran was eligible for, or was receiving, compensation for total disability for a statutory period of time before the veteran’s death. Aid and Attendance: If a veteran needs the regular aid and attendance of another person, or is permanently housebound, he or she may be entitled to additional disability compensation payments.

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