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What is your success rate?

We win most of the claims we take. That win may be a remand or a reversal of the ROs prior decision. The ultimate goal is an award of future retroactive benefits.

How much is my case worth?

Veterans can receive retroactive awards ranging from tens of thousands to hundreds of thousands of dollars. The value of your case depends on the facts. A 100% rating of service-connected disability entitles a veteran to $34,956 per year without dependents or additional entitlements. Awards are tax-free.

What will my appeal cost me?

There's no hourly charge for our legal services. If we obtain a retroactive award for you for an appeals claim (a claim that is in appeal status), we receive 20% of the award.

Do you provide updates to clients?

Yes. We provide periodic updates on the appeal that generally corresponds with documents received or submitted to the court. Extensions may be obtained by the VA attorney in the proceedings before the court. Due to a large number of cases on appeal, short delays are often necessary to assemble records in any given appeal.

Do you take telephone calls from clients?

We do take telephone calls. However, we represent a large number of clients. Our staff can readily determine the status of your claim, but we cannot discuss specific issues in your case. Attorney and agent time is best utilized by working on the case files, rather than answering questions about the status of a particular appeal.

Do you respond to emails from clients?
Do you want me to send my original documents?

No. Please do not send us any documents unless specifically asked to do so. If we request any documents from you, please scan or fax them so we can put digital records in your file on our server - do not send us originals.

Should I use a Social Security firm for my VA benefits?

We don't think so. You want someone specifically focused on VA benefits. Our people have a passion for veterans and include retired servicemen and health care professionals. We only care about you and your service to the country.

Can I get both Social Security benefits and VA benefits?

Yes. This only applies to SSD benefits and VA compensation benefits. It does not apply to SSI or VA pension benefits. SSI and VA pension benefits are income and asset tested and generally cannot be combined with other benefits.

Why should I be represented by an agent and / or attorney?

Veterans' law is complex and ever-changing. Very few legal practitioners are willing to undertake it. The pursuit of your appeal without experienced legal counsel severely reduces your prospects for success before the court. Over 75% of all cases resolved in court in 2008 were represented by legal counsel.

Does my advocate need to be in Washington, D.C.?

The US Court of Appeals for Veterans Claims is unique in conducting business through pleadings filed electronically and in its use of telephone conferences. Therefore, your agent or attorney does not need to be located in Washington, D.C.

How do I hire an attorney?

You are required to enter into a written agreement between yourself and our organization. This agreement provides the terms of your representation and informs you as to the basis for payment of legal fees and costs.

What is the US Court of Appeals for Veterans Claims?

This is a special court with exclusive jurisdiction to hear appeals arising from an unfavorable decision by the Board of Veterans Appeals. It has limited jurisdiction. It reviews the processes followed by the VA in the prior adjudication of your claim and determines if it was according to law. The court will not consider evidence that was not before the Board of Veterans Appeals when the decision was rendered. When an error is uncovered, the court remands or sends a matter back to VA for correction of errors. A remand is a remedy to expect from the court.

What is the process at court?

The initial part of your appeal involves establishing the official record to be considered by the court. After the record has been filed, a conference will be scheduled with the VA attorney to discuss errors noted in the prior litigation of your claim in an attempt to have your case remanded at its earliest opportunity. If the VA does not concede to error, we'll be required to submit a brief that outlines the legal bases for error. The VA has 60 days to respond with its brief. Once the matter gets assigned to a judge, we can expect another 9 to 12 months for a decision.

How long will my case take in court?

The VA, ROs, BVA, and court have a substantial backlog of cases. It takes many months just to get the record ready. Don't be surprised if it takes more than a year for a decision. Our goal is to keep your case on track and get your appeal back to VA for correction of errors at the earliest opportunity and press for a favorable decision. We do this through telephone negotiations with the VA attorneys in an attempt to shorten the appeal period.

How do I contact the VA for a status update on my claim?

Go to www.va.gov and click on the Contact VA link at the top of the homepage.

Are my service-connected disability payments taxable?

These payments are tax-free.

How can I find out about other benefits that may be available to me and/or my family?

Contact your local VA Regional Office, 1-800-827-1000 or log onto www.va.gov.

Why would I accept a remand from the court?

A remand by the court is beneficial in several regards. It vacates the prior board decision as if it did not occur and allows another review of your case. It also preserves the original filing date of this appeal. Next, it allows the submission of new evidence, which is something that cannot be done at the court.

How do I get an earlier effective date for my disability?

VA assigns an effective date as the date on which the granted claim was filed. There are some important exceptions to this rule. One exception involves CUE claims. Another involves a claim which is granted based on newly discovered service department records. If a claim for service connection has been denied for years and is then granted when new unit records are discovered, the regulations require that the VA consider an effective date back to the time when the first claim was filed.

Can I reopen an old claim?
What is CUE?

CUE stands for Clear and Unmistakable Error. CUE is a legal argument that a VA decision was wrong. If the claim is successful, benefits are paid by the VA all the way back to when the denied claim was filed.

What is TDIU?

DIU stands for Total Disability based on Individual Unemployability. It is also called IU and Unemployability. TDIU is based on a regulation that allows veterans who have less than a 100% schedular rating to receive 100% disability pay where the veterans' service-connected disability causes a total inability to work. In order to qualify for this rating, the veteran must have one service connected of 60% or a combination of ratings totaling 70% with one of the included ratings being at least 40%. Once these rating qualifications are met, the veteran is entitled to the benefit if he or she can show that the service-connected disability has caused a total inability to work.

What can you as an agent do for me?
How long does the claims process take?

That depends on several factors, such as; how many issues are presented to the VA; Does the VA need more evidence; Exams may be required by the VA as evidence; Original claim takes 6-8 months, a claim for increase takes 3-5 months, and new claims take 6-8 months; Reopened claims take 4-8 months.

How do I request my military records? DD214?

Complete a Standard Form 180, and we will forward it to the National Personnel Records Center (Military Personnel Records) or submit a request through eVetRecs online.

Can I get service connection for Agent Orange?

No. Agent Orange is the name of the defoliant that caused several diseases or disabilities. You can get service connection for one of the diseases or disabilities that Congress has approved because of specific scientific research. If it's not on the list, then you will not be able to establish Service Connection.

How long will it take to receive a decision on my compensation claim?

The length of time it takes to receive a decision depends on several factors, such as the complexity of your disability, the number of disabilities you claim, and the availability of evidence needed to decide your claim. Currently, most claims are being processed within 6 months but can take longer in complex claims.

How much does VA pay in compensation?

Monthly tax-free benefits vary depending on the type of disability and percent of the disability rating. For 30% or more disability, an additional amount is added for each dependent. Additional amounts are also paid for severe disabilities such as the loss of use of a limb or an organ.

As a veteran's ex-spouse, am I entitled to compensation benefits?

Surviving spouses may be entitled to dependency and indemnity compensation if the veteran died on active duty or from a disability related to their military service. Surviving spouses may be eligible for death pension benefits if the veteran served during a wartime period. This benefit is based on financial need.

How can I obtain emergency assistance with payment of my delinquent utility bills, rent, mortgage, etc.?

Your state's Department of Veterans Affairs can best assist veterans in this situation. You can find the number of your state's Department of Veterans Affairs by doing a Google search. Also, local veterans service organizations, churches, and community organizations may be able to assist veterans in need.

How do I get evaluated for nursing home care?

If you have never been seen at a VA health facility, you must first enroll for benefits. Then, you must enroll in a primary care clinic and ask for an evaluation of nursing home care. The evaluation will be done either by the primary care provider or a geriatrics care team.

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