Veterans Disability
The United States of Veteran Affairs offers benefits for those with disabilities as a result of their military service. Disability compensation is also paid to certain veterans disabled from VA health care. A pension for disabled wartime veterans is offered, but only if they have limited income and are disabled or over 65 years of age. The U.S. Department of Veteran Affairs offers many other benefits for veterans, service members and their families. To see all of the benefits available, please visit the Veteran Affairs Benefits Facts Sheet.
Eligibility Requirements
To be eligible for VA benefits you must be a veteran, a veteran's dependent, a surviving spouse, child or parent of a deceased veteran, an active duty service member, or a member of the reserve or National Guard.
Definition of a Veteran for VA Disability Benefits
What is definition of a veteran for VA disability? "A person who served in the active military, naval or air services, and who was discharged or released under conditions other than dishonorable." 38 U.S.C. $ 101(2), 38 CFR $ 3.1(d) 2006.
Accredited Veterans Attorneys
Attorneys and Veterans Disability Benefits
New legislation passed that allows veterans to hire attorneys to represent them for benefits before the Veterans Administration. Prior to this recently legislation, attorneys have been prohibited from charging a fee to represent veterans at the administrative level. This new legislation, allows veterans to hire lawyers to counsel on his/her disability benefit claims. This is significant as it allows veterans to benefit from the same advantages received from legal representation that Social Security Disability claimants have always been entitled.
When a Veteran Can Hire an Attorney
A veteran can hire a lawyer to represent them in a veterans disability claim. If the veteran filed his/her notice of disagreement before June 20, 2007, then he/she can hire a lawyer after his/her first final decision by the BVA, if he/she hires the attorney within one year. If the veteran filed his/her notice of disagreement after June 20, 2007, then he/she can hire an attorney after the filing of that notice of disagreement.
Elizabeth H. Scherer Attorney At Law, LLC. Can Help You
If you who have had any experience in dealing with the VA now realize that although the system is supposed to be a veteran friendly system it can oftentimes be anything but that. The laws that govern VA compensation and pension claims are extremely complex and are difficult to understand. Lawyers go to law school to learn how to read and understand complicated laws and regulations. Elizabeth H. Scherer Attorney At Law, LLC. attorneys will use their legal knowledge and experience to apply the law to the facts of your particular case and present the best case possible in the form of a brief or oral argument to help you win. The most important function of a lawyer is to develop the evidence you need to win your particular case. Often times VA cases require and/or need additional medical development, which includes but is not limited to medical documentation, treatment notes and reports from doctors. Elizabeth H. Scherer Attorney At Law, LLC. can help you find evidence the VA told you does not exist or were unable to find. We draft letters to your doctors and have different doctors conduct independent medical exams. This can be extremely important. The VA can be very particular about whether or not a doctor’s report is acceptable. The VA often disregards reports from doctors if they don't contain the required analysis and language, which the VA requires according to its own established standards. Not every case needs a lawyer. If you have been denied, or are having difficulty understanding the VA system, its laws and how they pertain to your particular case, then you should contact our attorneys at Elizabeth H. Scherer Attorney At Law, LLC.
Elizabeth H. Scherer Attorney At Law, LLC. will fight to help you win and receive the VA benefits you deserve and to which you are entitled. Contact us for a free initial consultation and case review for all persons, who have already been denied VA benefits.
