1.855.418.9354
 » Blog

VA Permanent and Total Service Connected Disability: What does it mean?

Posted by: tamadm

Under 38 USCS Section 110 states: “A total rating of 100% (or other permanant rating) that has been in continous force for twenty years shall not be reduced.” Until then you are subject to whatever exams for rating purposes the VA desire. However, barring no reduction, permanent and total service connected disability is a 100% rating that entitles you to many benefits not available to those who are not P & T, i.e., dental treatment, commissary privileges, veteran’s employment preference for spouse, •special home adaptation grants, survivors and dependents education assistance, etc. and the list goes on. One should be […]

Read the rest of this entry »

Posted on Tuesday, October 2nd, 2012 and filed under Veterans Benefits.

Comments Off on VA Permanent and Total Service Connected Disability: What does it mean?

VA Disability: Is it really "non-adversarial"?

Posted by: tamadm

Those new to the VA claims process may come to believe that the VA is “pro claimant” or will, without a doubt, provide every possible assistance to support your disability claim. This belief is a dangerous pitfall based upon Congressional mandates and case law which is often ignored by a bureaucracy that is understaffed, undertrained, and underpaid for the processing of disability claims. The Veterans Claims Assistance Act of 2000 (VCAA) reaffirmed that the VA benefits and disability claims process up to the Board of Veterans’ Appeals (BVA) process must be non-adversarial. See, 38 C.F.R. §§ 3.102, 3.103, 3.105, 20.700 […]

Read the rest of this entry »

Posted on Friday, June 22nd, 2012 and filed under Veterans Benefits.

Comments Off on VA Disability: Is it really "non-adversarial"?

Notice of Disagreement: Request the DRO Appeal

Posted by: tamadm

When your receive the initial decision from the VA you have one year to file a Notice of Disagreement (NOD). When you file your NOD you should request the Decision Review Officer (DRO) hearing. This “non-traditional” method of appeal allows a “de novo” review, meaning a “new review” of the claim. The traditional NOD appeal only allows review based upon additional evidence not already in the claims file and there will be no hearing via the traditional NOD review process. A September 2011 Government Accounting Office (GAO) report evaluated the NOD DRO review process and found that many veterans were […]

Read the rest of this entry »

Posted on Monday, June 18th, 2012 and filed under Veterans Benefits.

Comments Off on Notice of Disagreement: Request the DRO Appeal

Hire an Actual Lawyer for Your VA Claim

Posted by: tamadm

Effective June 20, 2007, veterans are allowed to retain an attorney after the first denial by the Department of Veterans Affairs (VA) at the Notice of Disagreement stage. Since the passage of Congressional Legislation in 2007 allowing Veterans access to an attorney once the VA claim has been denied, a growing number of Veterans finally have access to actual attorneys. The facts are that those who seek and obtain legal council will be more successful than an overworked NSO or VSO network who often have too close of ties to those in the VA to maximize a Veteran’s benefits.       A lawyer will […]

Read the rest of this entry »

Posted on Tuesday, December 6th, 2011 and filed under Veterans Benefits.

Comments Off on Hire an Actual Lawyer for Your VA Claim

Agent Orange Claims

Posted by: tamadm

If you are a veteran who served in Vietnam or near the Korean Demilitarized Zone during Vietnam and you suffer from the following: Ischemic Heart Disease, B cell leukemia, Parkinson’s, AL Amyloidosis, Acute and Subacute Transient Peripheral Neuropathy, Chloracne or other Acneform Disease consistent with Chloracne, Chronic Lymphocytic Leukemia, Diabetes Mellitus (Type 2), Non-Hodgkin’s Lymphoma, Porphyria Cutanea Tarda, Prostate Cancer, Respiratory Cancers (cancers of the lung, bronchus, larynx, or trachea) and Soft Tissue Sarcoma (other than Osteosarcoma,Chondrosarcoma, Kaposi’s sarcoma, or Mesothelioma). You should file a claim with the Department of Veterans Affairs and/or reopen any prior claim with the DVA […]

Read the rest of this entry »

Posted on Monday, December 5th, 2011 and filed under Veterans Benefits.

Comments Off on Agent Orange Claims

How to Get the Best Representation for Your Veterans Disability Claim

Posted by: tamadm

Is your representative an attorney? This seems to be a silly question but often those who we meet with either do not know or mistakenly think their representative is an attorney when the representative actually is NOT! Also many individuals we see with Veterans Disability claims may mistakenly have a representative not licensed in the State of Florida. Because the Veterans Disability claim is a Federal/ “administrative claim” the law allows for less stringent guidelines, then the State of Florida for example, for those to represent you in your legal proceedings up to the “Hearing” level. Unfortunately the less stringent […]

Read the rest of this entry »

Posted on Wednesday, August 18th, 2010 and filed under Veterans Benefits.

Comments Off on How to Get the Best Representation for Your Veterans Disability Claim

What do I offer you that my competition does not?

Posted by: tamadm

What do I offer you that the competition does not? It’s a question easily answered in many situations and it’s something you need to think about. 1) Is the person a Florida Bar Licensed attorney? I am, but companies such as Binder & Binder, Allsup, Disability Experts etc. are not Florida Bar licensed attorneys. 2) Will you have a face to face meeting with your lawyer who will be with you throughout the entire process? I will, but law firms like Morgan & Morgan send, and shockingly so, clerks, yes untrained clerks, to a hearing with you. Not only is […]

Read the rest of this entry »

Posted on Wednesday, August 4th, 2010 and filed under Veterans Benefits.

Comments Off on What do I offer you that my competition does not?