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

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

Veterans Benefits Administration Reports

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

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?

Welcome Home​

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

Let's Talk About The Benefits You Earned via Your

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

Stateside Legal Help For Veterans

You Are Not Alone!

Right now is the time for you to

connect and begin to heal.

Right. Now.

The reports of American decline

are greatly exaggerated
America is wealthy, influential, powerful,

and increasingly equal.

Don't let anyone tell you otherwise.

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.

Need Help?

This is who we recommend

Budget Projects Employment Growth

at VA, Agriculture, Other Agencies

​​Some 29,000 of those

positions would be at the VA

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.

C & P Exams unemployability

tdiu benefit

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

​​​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

In recent years a number of veterans associations and regulatory groups have drawn attention to substandard care and conditions at many VA hospitals. This epidemic of substandard care can have a detrimental effect on the victim’s quality of life, and may even result in permanent injury or even death. If you believe that you or someone you love may have a VA hospital medical malpractice claim, the lawyers at Hodes Milman Ikuta can help. Our experienced team has the knowledge and resources to assist you in taking legal action against the Veterans Administration under the Federal Tort Claims Act, a process that can be unduly confusing and complex without the guidance of an attorney with particular experience in filing malpractice claims on behalf of veterans.

VA malpractice is medical malpractice, and victims are entitled to appropriate compensation for their hardship and suffering.

Section C. Payment of Attorney or Agent Fees - Overview

General Information on Fees
Process for Paying Fees Directly From Past Due Benefits
Withholding From Claimant’s Past-Due Benefits and Authorizing the Claimant’s Award

Veterans Lawyer VA Disability

How To Hire A Veterans Law Attorney

 Reasons to Consider Hiring An Attorney: The best reason for a veteran to hire an attorney is because the veteran believes that an attorney can help achieve a more favorable result than the veteran alone would otherwise obtain.


When do you call a lawyer?  To hire or "retain" an attorney to guide you through a VA disability benefits appeal, you must first have a denial of an application that you submitted. The lawyer usually can't help you before that happens.


Attorney Fees: The most common type of fee is the percentage or contingency fee, which is the most favorable fee structure for most veterans in most veterans benefits cases. This is because the attorney is only paid if (1) an award is made and (2) there is an amount owed to the veteran at the time of the award.  The attorney is then paid a percentage (usually between 20% and 33%) of the amount owed to the veteran.


What will your attorney do for you?  A lot - but you won't see most of it.  There isn't much hand holding in the VA appeals process. There is nothing your lawyer can do to speed up the process.


What will your attorney NOT do for you? 

These are lawyers, not magicians.If you don't have a case...nobody can make that rabbit appear.

​​Who Wins the Most Cases?

 This  report from the Board of Veterans Appeals    Page 31  reveals the Veterans Law Attorney wins 44.61%

An accredited agent wins 38.79%.   Your State Service Officer brings in 35.17%

American Legion is at 34.53%.    Disabled American Veterans comes in with 33.70%.

Who are  you  gonna call?

veterans law attorney

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

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. 
 

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.