Alabama
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.
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.
The link below takes you to the VA site where you'll find the latest and simplest ways to manage your 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
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.
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
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.
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
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
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.
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.
VETERANS AFFAIRS
Military Health
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.
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
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.