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The Law Offices of David Anaise
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855 - 948 - 2311
< Denis.McDonough@va.gov >
Yes, this really works. No, it doesn't ring in the White House.
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. Don't rant.
Tell them you read about this at The VAWatchdog Dot Org...they know who we are.
disability claim
Find out how to file a claim for disability compensation
or increased disability compensation.
Veterans Medical Malpractice
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Helping Veterans Harmed By The VA Medical System
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Download VA benefit letters
To receive some benefits, Veterans need a letter proving their status.
Jim Strickland
jim912@gmail.com
I'm in Florida, up in the NE corner near Jacksonville.
Are you close? The coffee is on me.
<jim912@gmail.com>
Title 38 - Pensions, Bonuses, and Veterans' Relief
Volume: 1
Date: 2019-07-01
Original Date: 2019-07-01
Title: PART 17 - MEDICAL
Schedule for Rating Disabilities
Let's File A Claim
Filing your claim for VAbenefits isn't as hard as some want you to believe. Let's set the effective date of any claim you file in the next year. This one is easy so let's do it right now.
About the Nexus Letter
The professionally written Nexus Letter is often the single most valuable tool we have at our disposal to win claims. If you doubt any of that please go to the Board of Veterans Appeals and use their search to look for cases with Nexus Letters or IMOs. You'll find, "...the Board finds the September 2019 Independent Medical Evaluation Report to be probative even though the Veteran’s service treatment records are silent...". I've referred vets to a small handful of reliable doctors for years. I've received hundreds of positive messages that tell me that the IMO/Nexus Letter works for you as well as it did for me. If you're caught up in an appeal and you aren't sure what else you need or if you want to file a new claim and prevail without a lot of fuss...talk with these doctors and make a plan to win.
Good luck! /s/ Jim
Independent Medical Opinion / Nexus Letter
The Board assigns significant probative weight to the September 2019 independent medical opinion of D.B.M., M.D
finding it is at least as likely as not that the veteran’s present left knee condition is the direct result
of his motor vehicle accident injuries that occurred while on active duty.
V A Claims Intake Center
PO BOX 4444
JANESVILLE, WI
53547- 4444
Toll Free Fax:
844-531-7818
Veterans Psych Evaluations
Brett Valette, Ph.D.
Providing Military Veterans Personalized Psychological and Medical Evaluations. Complete the Contact form, and you'll get a personal phone call from us. We listen, and want to know what you are going through. We provide Independent Medical Evaluations (IME), Independent Medical Opinions (IMO) and nexus letters for ratings reviews, secondary conditions, medical conditions, discharge upgrades, and many types of denied claims. We also provide Social Security Disability claim reports.
Some Wounds Can't Be Seen Contact Us Today
November 2020 - I get a lot of email from veterans who have run afoul of the criminal justice system, who are divorcing, who have real estate problems or disputes with their neighbors and most will open with "I am a veteran...", and they all expect free legal help.
There is no free legal help for veterans other than that provided for working with VA disputes.
Let's get that out of the way right now.
You may get steeply discounted medical care, a stipend for education, legal help when dealing with VA problems and a free appetizer on Veterans Day but otherwise you're a civilian who served in the military and you get to pay your own way. When you piss off your spouse and end up in divorce court, you're on your own. If you buy that too good to be true used car and it dies a block away from the lot, there are no free veterans lawyers to bail you out. When you're arrested by DEA for all that meth...veterans don't get any consideration at all.
If you find that you have to represent yourself in a divorce or a landlord dispute, take the time to use the Internet to help yourself.
Find a real computer with a fast connection...a public library is always a good choice...and do a little research and you may discover a solution that was simpler than you thought.
Whatever your situation, scroll down the page and meet the lawyers here who will speak with you for free and go for it!
How To Hire A Veterans Law Attorney
Reasons to Consider Hiring An Attorney: First things first. The only 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. That’s it. There is no other good reason. 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. You're about to be pleasantly surprised when I tell you that even if you're dead broke, you can afford a great lawyer. 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 when an award is approved. This amount, also known as a “retroactive” award, is the amount of due to the veteran from the effective date of the award up to the date of the award. If the award was made following an appeal to the Board and the effective date is the date the claim was originally filed (as it is in most cases), the retroactive amount could be 3 or 4 years of benefits. If the case goes up to the Veterans Court and back, the retroactive period could be ten years or more. As an example, assume a veteran filed a claim on January 1, 2004, and enters into a 20% contingency fee agreement with an attorney. On January 1, 2008, the veteran is awarded a 100% disability rating. The retroactive amount is the 100% monthly payment for the period between January 1, 2004, and January 1, 2008 (four years), which is approximately $120,000 at current rates. The attorney’s fee would be 20% of the $120,000 or $24,000.
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. The lawyer won't call and update you regularly and you aren't encouraged to call in and check frequently. Once you and the lawyer agree that he or she will take your case, you have more papers to complete and sign. Now you and the lawyer have nothing else to talk about until VA acts. There is nothing your lawyer can do to speed up the process. There is no reason for you and your lawyer to maintain regular contact until VA makes a move. What will your attorney NOT do for you? These are lawyers, not magicians.
The lawyer can't help you if you don't have a well grounded claim or appeal. The lawyer won't fabricate evidence or stretch the truth. Veterans law attorneys are perhaps the most regulated professionals there are and they have any number of professionals licenses and certifications required to practice their trade. Your lawyer won't jeopardize all that by putting forth anything that is less than accurate. The lawyer you've chosen can't help you with other problems that you may encounter while you wait for your claim.
Your veterans law attorney is accredited by VA to represent you for that claim or appeal only. Other life problems you may run into won't be addressed by your veterans law attorney while you wait for your appeal. Scroll down this page to meet YOUR LAWYER.
Who wins the most cases? This report from the Board of Veterans Appeals leaves no doubt...if you want to prevail... Page 31reveals 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% of cases won.
This isn't rocket surgery...professional representation wins more cases. /end/
Veterans Struggle to Get Copies of Needed Service Records Due to Pandemic
Access to some VA benefits, services delayed as backlog of requests hits 500,000
The NPRC
Military Records
Independent Medical Opinion / Nexus Letter
In a November 2011 nexus statement, the Veteran's neurologist opined that that the Veteran's progressive supranuclear
palsy is most likely caused by or a result of his exposure to Agent Orange. The neurologist explained that PSP is a
movement disorder very similar to Parkinson's disease. The neurologist further explained that PSP affects the same areas
as Parkinson's disease and is possibly causally related to chemical exposure such as Agent Orange.
The Board finds that the evidence is at least in equipoise regarding service connection for progressive
supranuclear palsy and will resolve reasonable doubt in favor of the Veteran.
C&P Service Clinician’s Guide
This is your C & P examiners guide.
The language used in this guide is very much in effect at your VA. When you have a nexus letter, it should conform
to the phrases you'll find here. For example, your doctor should write "More likely than not" when talking of service connection.
That phrase wins claims, anything less may not.
See Page 14 Section 1.16 How do I give an opinion for nexus (relationship to a military incident?
Fascinating historical documents, reports on items in the news, oddities and fun stuff and government bloopers, they're all here.
VA Online Scheduling (VAOS) lets eligible Veterans request community provider appointments
(This looks simple enough. There are only 4 different links you have to click-through to get to ever more complex instructions.
I'll try to use this today. I have no hopes I'll be able to get any appointments. /s/ Jim)
Lodging & Camping in southern Illinois with access to the Shawnee National
We offer lodging, camping,
stabling, corral, pasture,
access to a hunting lease and discounts for America's
military veterans!
Are Social Security Disability Benefits Set for Life?
Once SSDI begins, is there any way to increase the benefit amount?
The VA Watchdog
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The VAWatchdog is here to help you receive the benefits you earned.
/End/
Veterans Law Attorney
Graduate of the US Military Academy West Point, 20 years of active Army service, multiple deployments,
XVIII Airborne Corps, and Third Army, Airborne and Master Explosive Ordnance Disposal badges.
Welcome to the KnowVA Knowledge Base
Locate information more quickly and efficiently
VA unemployment benefit would be protected under this plan
A new House proposal would make the Department of Veterans Affairs Individual Unemployability program
permanent even for elderly veterans, following attempts in recent years to pare back the benefit. President Donald
Trump’s administration, which proposed cutting back on the benefit for veterans after they reach retirement age.
Too many of us skip this important
step.Spending a few minutes taking care of this may give you months
of additional benefits.
You may file claims on eBenefits or you can mail them in using certified mail or you can even fax them in.
Hey Jim: This Court of Appeals decision is a bit of a smack-down for VA’s implementation of the Appeals Management Act. VA will need to relook what they are doing under AMA - although this case only speaks to three specific regulations, a broader relook of their overall implementation of AMA would probably be prudent. /s/ Drew
Decided: July 30, 2021
Congress enacted the AMA in 2017 to reform the exist-ing VA administrative appeals system, which was,
by all accounts, “broken,” marked by lengthy delays, and plagued with a formidable backlog of cases.
More problematic, however, was the “continuous evidence gathering and readjudication
of the same matters”that caused appeals to “churn” in the system.
MILITARY-VETERANS ADVOCACY, Petitioner v. SECRETARY OF VETERANS AFFAIRS
Government leaders to their workers: Get vaccinated or get tested
“Whenever a Veteran or VA employee sets foot in a VA facility, they deserve to know that we have done everything
in our power to protect them from COVID-19,” Veterans Affairs Secretary Denis McDonough said in a statement Monday.
“With this mandate, we can once again make — and keep — that fundamental promise.”
"It's a little like wrestling a gorilla. You don't quit when you're tired.
You quit when the gorilla is tired." — Robert Straus
Veterans Law Attorney Personal Injury Law
Nationwide Representation Free Veterans Consultations
Workers Compensation - Social Security Disability - Pain & Suffering - Emotional & Mental Anguish
Alabama
Gregory Rada Veterans Law Attorney
Military Veteran - Operations Enduring Freedom and Iraqi Freedom
VA disability appeals, TDIU claims, MST, PTSD, other mental health disability claims, appeals and veterans disability claims processes.
Attorney Rada offers free telephone case evaluations and nationwide representation.
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.
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