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Help With Filing for Benefits

The Veterans Administration has a lot of good information concerning the filing of claims and benefits at www.va.gov.

Service organizations like the Paralyzed Veterans of America,  the Disabled American Veterans  and the Veterans of Foreign Wars  can also be helpful.

The rules have been changed and the veteran can now hire an attorney.

Eligibility
To be eligible for VA benefits you must be a veteran, a veteran's dependent, a surviving spouse, child or parent of a deceased veteran, an active duty service member, or a member of the reserve or national guard.

Veteran Compensation Benefits
Compensation depends on the amount of disability that is the result of your military service.  The VA will assess a rating on the percent you are disabled.  The assessment is made primarily from your medical records.

Three Part Test
To get VA compensation benefits for service connected disability, there is a three part test:

 
1. You must have a disability at the present time that has been diagnosed medically; 

2. There must have been a disease, injury or event in the service. 

3. There must be a nexus, which means the current medical condition is related to the in-service medical condition.  This includes any medical condition that was caused by the present medical condition. 

Veterans Administration Process
1. File a VA claim at a regional VA Office.

2. If the results of the Rating Decision are not acceptable then, 

3. Notice of Disagreement can be filed.  After the VA receives the Notice of Disagreement, the VA may ask the veteran if he/she would like the case  re-reviewed.

4.The veteran can now request a hearing.  This hearing would be held by a hearing officer. 

5. If the decision is still unacceptable, he/she can file an appeal with the Board of Veteran Appeals before an Administrative Law Judge.  This may take up to two years. 

6. The next step is to file an appeal with the Court of Appeals for Veterans Claims.

7. The Court of Appeals for the Federal Circuit is the last appeal. 

An Independent Medical Evaluation can be added to your C File at any point from filing the claim or in the appeals process.  An Independent Medical Evaluation can, in many instances, swing the decision in favor of the veteran.

After you file a claim with the VA and you get a communication from the VA, it is important to answer it in the time given in the letter.  If you do not, your claim may be denied.