​​​Alabama

Clear & Unmistakable Error

The CUE Claim

​CASE PREVIEW
Justices to consider scope of “clear and unmistakable error” review of Veterans Affairs decisions.

Jim Strickland is a Vietnam era Army veteran and nationally recognized expert on VA disability benefits.

Jim writes extensively about VA and Social Security disability benefits. 
Jim's Mailbag is a regular column featured at  Stateside Legal  where veterans, servicemembers,
and family members can  ask Jim their questions  about VA and Social Security disability benefits. 

national cemetery administration veterans affairs
Veterans Lawyer

We urge you to take a moment and consider retaining an accredited veterans law attorney to manage your appeal

No matter how clear the error and appeal process may look to you, it never is. A skilled veterans law attorney can prevail when others aren't able to. Better yet, it costs you nothing out of pocket and nothing at all if you don't win.

Talk with YOUR lawyer today!

​The link below takes you to the VA site where you'll find the latest and simplest ways to manage your appeal.

How to Appeal

Five Reasons to Appeal​​

1. You filed a claim for a disability benefit and were denied.

2. You filed a claim for a benefit and the rating is too low.

3. You've been denied a health care benefit, for example...prosthetics or dental services.

4. You have had a temporary rating and VA tells you that they are going to reduce that rating.

5. You've been notified that VA is proposing to appoint a fiduciary.

US Court of Appeals for Veterans Claims

The United States Court of Appeals for Veterans Claims is a national court of record, established under Article I

of the Constitution of the United States. The Court has exclusive jurisdiction to provide judicial review

of final decisions by the Board of Veterans' Appeals, an entity within the Department of Veterans Affairs.

How to Appeal if the VA Denies Disability Benefits
If you are denied veterans disability benefits, here's how to appeal





VA decision reviews and appeals
The legacy VA appeals process has changed to the decision review process


The Board of Veterans Appeals

When you choose this option, you’re appealing to a Veterans Law Judge at the Board of Veterans' Appeals

in Washington, D.C. A judge who’s an expert in Veterans law will review your case.

Veterans Lawyer

M21-5, Chapter 5 - Higher Level Review Procedures

Higher-level reviews (HLRs) consist of de novo reviews of the issue(s) identified by requesters on a completed 

VA Form 20-0996, Decision Review Request:  Higher-Level Review.  De novo review means the reviewer reexamines and readjudicates the claim in question without deference to the prior decision, except for proper favorable findings.

How To Appeal A VA Disability Benefit Denial

The Board of Veterans Appeals

​VA decision reviews and appeals
The legacy VA appeals process has changed to the decision review process. If you disagree with a VA decision dated on or after February 19, 2019, you can choose from 3 decision review options (Supplemental Claim, Higher-Level Review, or Board Appeal) to continue your case. If you aren’t satisfied with the results of the first option you choose, you can try another eligible option.

U.S. Code: Title 38

​PART I—GENERAL PROVISIONS
PART II—GENERAL BENEFITS
PART III—READJUSTMENT AND RELATED BENEFITS

Disability benefits can enhance your independence and help you care for your family
​​Veterans’ Benefits Rating and Rates   Disability Compensation
Veterans who have disabilities, medical conditions or injuries incurred or aggravated during active military service —

no matter when or where they served — may be eligible to receive tax-free monthly benefits.

Need Help?

This is who we recommend

Many service members use industrial solvents in regular military tasks

​Benzene   Tetrachloroethylene

(PCE or PERC)   Acetone    Trichloroethylene (TCE)   Xylenes​

​​How to apply for VA health care

Find out if you’re eligible for

VA health care benefits.

38 CFR Book C, Schedule for Rating Disabilities   tells you the standards you must meet to be awarded a % rating for

a given condition. Below we've selected

a few of the most frequently 

needed sections of   The Schedule

Budget Projects Employment Growth

at VA, Agriculture, Other Agencies

​​Some 29,000 of those

positions would be at the VA

C & P Exams unemployability

tdiu benefit

I forgot to tell the examiner some things, ​now what should I do?

What You'll Find Here

​Up-To-Date News About Your Benefits,  Headlines Important To You, How-To  Articles  & Links to Pros Who Can Help. 

detailed claims data veterans administration

Entitlement to service connection

for bilateral foot disability claimed

as secondary to

carbon tetrachloride exposure.

What You Won't Find Here

 User Fees, Hidden Fees, Rumors,​ 

Requests For Donations, Mailing Lists

or Registration Requirements.

Are You Scheduled For

C & P Exams??

You should read:

C&P Service Clinician’s Guide

U.S. DEPARTMENT OF

VETERANS AFFAIRS
Military Health

History Pocket Card

Did you see combat, enemy fire,

or casualties? Were you or a buddy wounded, injured or hospitalized?​ 

Do you have a claim pending for illness or injury related to your military service?

​Do you have a service-connected condition?

Are You Having A Claims Crisis?

Delays? Misinformation?

Call

855 - 948 - 2311

Or Email

<Denis.McDonough@va.gov​>

 ​Yes, this really works.

Be sure to include your DOB, your last 4, contact info... a couple of numbers, your preferred email and such. Describe the problem as briefly as you can. 
 

Stateside Legal Help For Veterans

Federal Tort and

Section 1151 Claims
When something goes wrong and

the veteran suffers an injury or

death due to the negligence of

a federal employee, the veteran

or his/her spouse may pursue

claims under the

Federal Tort Claims Act

Welcome Home​

​​​​​​​​​​​​​​​The VA Watchdog Dot Org

Let's Talk About The Benefits You Earned via Your

Honorable Service To Our Country​​​​​​​

Veterans Benefits Administration Reports

​Detailed Claims Data    Status Reports
Reports contain data covering claims inventory, claims
backlog, claims accuracy, and Fully Developed Claims. 

The reports of American decline

are greatly exaggerated
America is wealthy, influential, powerful,

and increasingly equal.

Don't let anyone tell you otherwise.

You Are Not Alone!

Right now is the time for you to

connect and begin to heal.

Right. Now.

VA DISABILITY COMPENSATION
A veteran is entitled to disability compensation if he or she were

(1) discharged or released from the military under conditions other than dishonorable,

(2) their disease or injury was incurred or aggravated in the line of duty, and

(3) the disease or injury was not the result of the their own willful misconduct

or abuse of drugs.