Veterans Compensation Benefits are intended to compensate veterans who have a medical or psychological condition that is connected to their military service. In general, three elements are necessary to prove a case:
There are three ways to file a claim and Chambers Law Firm can help you with each one:
If you disagree with any aspect of the ratings decision made by the VA, you can file what is called a “Notice of Disagreement” within the one-year period after you receive your letter. The notice must be in writing.
After the VA receives your notice, the VA will prepare a “Statement of the Case” that will provide a summary of the evidence the VA reviewed, the reasons for its decision and citation to relevant laws and regulations.
If you disagree with the Statement of the Case, your next step is to complete and submit a Substantive Appeal form, or a “Form 9.” You need to send in this form within 90 days after you receive the Statement of the Case or within one year of your ratings decision letter – whichever comes later.
The next step will be to request an in-person hearing before a Veterans Law Judge (VLJ) or video hearing. You should know that you can give the Board of Veterans Appeals (BVA) any new evidence that bears on your case while it is on appeal. This is called a “continuous open record.”
No. Disability Compensation covers any conditions that came about while the individual was on active duty, so long as the conditions are not a result of the misconduct of the individual. Veterans can be eligible who hurt themselves in normal auto or home accidents, while exercising, or while engaging in other usual activities while on active duty, even on leave. Serving in the military is a 24 hour a day job, and Disability Compensation covers all those hours.
Yes. Many veterans receiving Disability Compensation continue to work, as there are no prohibitions on obtaining and/or maintaining employment. Some difficulties may possibly arise in those relatively few cases where veterans assert they should receive the higher “Unemployable” rating and do continue to work.
The amount of basic benefit paid ranges, depending on how disabled the veteran is. For example, a veteran who is proven to have an 50% service connected disability would be entitled to compensation higher benefit amount that a veteran whose service connected disability was 10%. A veteran may be eligible for additional compensation amounts if the veteran has: very severe disabilities or loss of limb(s); has a spouse child(ren), or dependent parent(s); or has a seriously disabled spouse.
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SUSTAINING MEMBER CHRIS CHAMBERS
We can accommodate video conferencing upon request. Both VA and SS are holding hearings either by phone or virtually through online teleconference. Chambers Law remains committed to serving you during these challenging circumstances.
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