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. 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
Veterans Psychologist Nexus Letter IMO

Means Testing

​Question:
If a disabled Veteran (100%) is earning 3k+ a month, can the vet still get snap? Does it matter what disability % they are or how much they are earning?

Jim's Reply:
Like many low income assistance programs SNAP benefits are means tested. Whether you are eligible is going to depend on your household income when you apply. Your VA benefits count as real income so if you're a veteran alone, you likely have too much income to be eligible for SNAP. If you have a family and the VA benefit is your main or only source of income, you may be eligible. You'll need to apply before you know for sure though. Good luck!

VA income and HUD subsidized housing

​Question:
If VA disability is not counted as income, why do I have to give my HUD housing 30% of my disability pay?

Jim's Reply:
I'm not sure who told you that VA disability pay isn't income but it's usually seen as a part of our overall total income. VA disability pay isn't taxed, but it is usually recorded as income.

Veterans Lawyer

Presumptive Disability Conditions

Presumptive Conditions
A "condition", in the language of the VA, is any disease, illness or injury. To be service connected and eligible for a disability compensation rating, the condition must be caused, aggravated by or contributed to by an event that occurred during service.

If the condition existed prior to service, it must be shown to have been aggravated (made worse) by military service. 

If you believe that you may be eligible for any presumptive condition and rating, the best way to find out is to file a VA disability claim.

Convalescent ratings

​Question:
Hi, Jim. Is there a VA regulation that says when a veteran must file a convalescent claim? Is it 6 months after the convalescent event took place, or is there no time limit such as 10 or more years later? If there is a regulation, can you give me the regulation number? Thanks!

Jim's Reply:
A convalescent or recuperative rating must be filed at the time of discharge from surgery or other treatment modality that necessitates a period of convalescence. Periods of convalescence are covered at each diagnostic code here 
https://www.benefits.va.gov/WARMS/bookc.asp  Once the need for convalescence or recuperation has passed you are no longer eligible for the benefit. There is no retro pay like you mention.
The specific topic of convalescence ratings can be found at: 
4.30 Convalescent Ratings


veterans law attorney

A & A

​Question:
I was told my father could qualify for aid and attendance. Which form needs filled out, the 21-526ez or the 21P-527EZ and how do you let them know that is what you are filing for? Or is there an entirely different one that needs to be sent in for aid and attendance? If so which form number is it?

Jim's Reply:
Thank you for helping your father in his time of need. Detailed instructions about how to apply for the A & A benefit are here 
https://www.va.gov/pension/aid-attendance-housebound/ 
Good luck.
​​

DIC Benefits

​Question:
I am TDIU P&T for 11 years now. If I die, what does my spouse (wife) have to do to claim her compensation?

​Jim's Reply:
She will notify VA of your passing...often enough the funeral director will do that for her. Details are here https://www.vawatchdog.org/dic---survivor-benefits.html 

​PS From StatesideLegal:
You can also find out who qualifies and how to apply at 
StatesideLegal's DIC webpage.

veterans personal injury lawyer

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. 

Are You Scheduled For

C & P Exams??

You should read:

C&P Service Clinician’s Guide

U.S. Code: Title 38

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

Veterans Benefits Administration Reports

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

detailed claims data veterans administration

What You Won't Find Here

 User Fees, Hidden Fees, Rumors,​ 

Requests For Donations, Mailing Lists

or Registration Requirements.

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.

Entitlement to service connection

for bilateral foot disability claimed

as secondary to

carbon tetrachloride exposure.

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