5 Secrets to Winning Your VA Claim
ROB LEVINE, VETERANS DISABILITY LAWYER
A TEAM OF VETERANS WORKING FOR VETERANS. HANDLING VETERAN DISABILITY CLAIMS NATIONWIDE
Pursuing a VA claim can go one of two ways. Contact our office today to get Rob Levine & Associates on your side! The experienced attorneys on our team will utilize the 5 secrets to winning your VA claim to make sure that you receive your benefits. Our consultations are free, and we don’t get paid until you win!
OUR 5 SECRETS TO WINNING YOUR VA CLAIM
Applying for VA disability benefits can involve a mountain of paperwork, complex appeal deadlines, and time-consuming medical examinations. Here are a few tips on navigating the VA’s system and winning the benefits you deserve:
- Not ready to file a claim yet? Preserve your effective date by submitting an Intent to File a Claim for Compensation. If you file a claim within one year of the Intent to File (ITF), your effective date will generally be the date you submitted the ITF.
- Treat, treat, treat! Having updated treatment records is crucial to any VA disability case. The VA will not only review your medical records to determine the cause of your medical conditions, but the VA will review your medical records to determine which ratings should be assigned if service connection is granted.
- Get a statement from your treatment provider. A well-written statement from your treatment provider can help satisfy the positive nexus requirement to establish service connection for a claim.
- Get a statement from a “buddy.” A well-written statement from a third party who is familiar with your conditions or medical history can add another layer of credibility to your case. For instance, veterans with PTSD may want to consider asking a childhood friend to write a statement about their pre-service mental health and the social and behavioral changes that the friend observed after a return from service.
- Specifically ask the VA for a Comp & Pen exam. When there is evidence of a current disability, an in-service event/injury/disease/stressor, and a suggestion that the first two are related, the VA is obligated by law to provide you with a Comp & Pen exam. A positive nexus from a Comp & Pen exam is usually necessary to establish service connection for most claims. The VA often fails to provide veterans with these exams, so be sure to ask!
GET HELP NOW! THE HEAVY HITTER® IS HERE FOR YOU
CONTACT US NOW FOR ASSISTANCE 24/7. NO FEES UNTIL YOU WIN
FAQs About Your
VA Disability Claim
Can I receive VA disability compensation and continue to work?
In the Social Security disability system, in order to receive benefits, the standard is, "you are not capable of any form of gainful employment.” Unlike Social Security Disability, you can work while receiving VA disability compensation. Your VA disability benefits is based on how your service-connected disabilities impact your ability to work.
Can I receive VA disability compensation and Social Security Disability benefits at the same time?
Social Security Disability Income (SSDI) does not have a barrier to net worth or income provisions. Regardless of the home, the vehicle you own, or investments you've made - or alimony or pension from previous employment, this would not prohibit you from receiving SSDI. Similarly, this would not prohibit you from qualifying and receiving VA disability benefits.
Even if you were to qualify for a 100% TDIU rating, you would still qualify for SSDI benefits either under the SSDI guidelines or the VA Disability guidelines.
How long will the VA take to decide my disability case?
The average length of time to adjudicate any claim or appeal depends on many factors, including the type of appeal or claim, the Regional Office, the number of disabilities to decide, any necessary development, and the overall complexity of the case. Cases in the VA’s legacy appeal system can take years. In contrast, the VA has set the following timeliness goal for adjudicating AMA appeals:
- Supplemental Claims: within 125 days
- Higher Level Review: within 125 days
- Board of Veterans’ Appeals – Direct Review Docket: within 365 days
- Board of Veterans’ Appeals – Evidence and Hearing Docket: over 365 days
Do I have to hire a Veterans Disability lawyer?
No, the VA does not require you to hire a lawyer for your appeal. However, remember that the VA also unfairly denied your benefits. Statistics show that veterans with representation receive more benefits, faster.
The Veterans Disability attorneys at Rob Levine & Associates know the law as well as the ins and outs of the VA system. When you combine an experienced, knowledgeable Veterans Disability attorney with a veteran who can assist by explaining the details of the facts of a case, there is no better team to help you get the disability benefits that you deserve.
Can You Receive VA Disability Benefits with a OTH Discharge?
Yes, if there are mitigating circumstances (like mental illness or TBI) that explain the conduct that resulted in the less-than-honorable discharge. These types of cases can often last years without an experienced representative who can overcome VA's negative assessment of your military discharge. Learn more about the Character of Discharge Determination process here.
What does a Veterans Disability lawyer do?
An effective attorney can put you in a position to win your appeal the first time around, saving you years of disappointment and frustration. Veterans’ claims often get caught in a cycle of denial, appeal, remand, denial, appeal, remand, denial, appeal, remand, and so on. An experienced attorney can effectively present the law and the facts to the VA the first time around, which in many instances gets veterans their disability benefits faster.
When you choose our dedicated team of experts at Rob Levine & Associates to represent you, we take an all-hands-on-deck approach to win your case. As part of our proven process, our team will:
- File your appeal with the VA;
- Construct a personalized evidence development plan tailored to each claim;
- Perform cutting-edge service record and medical research;
- Draft a comprehensive legal brief in support of your appeal; and
- Routinely follow up with you to provide an update on the status of your case.
Helpful
Links
ROB LEVINE & ASSOCIATES RESOURCES
An experienced personal injury attorney is a critical aspect of pursuing a claim against the person or party that caused your injury. Not only is an attorney familiar with the law, they can also help you navigate legal and practical challenges that frequently arise in any personal injury case.
A lawyer is also a great resource for addressing questions about what types of compensation you may be eligible to receive and explaining how to approach your personal injury claim altogether.
Personal injury cases have a statute of limitations, and most of them are between two and four years, depending upon the state in which you reside. As such, it’s of the utmost importance that you consult an attorney today to file your claim immediately.
Our dedicated team of lawyers and their supporting staff handle all the work for you – so you can relax and focus on healing.
Winning Your Social Security Benefits
If you’re one of the 8.6 million American workers who are unable to work because of a physical or psychological condition, you may be eligible for Social Security Disability Insurance (SSDI) and/or Supplemental Security Income.
Settle Your Car Accident Claim
In the wake of a car accident, you can experience physical, emotional, and financial challenges. Take advantage of our free book to learn the most effective methods of winning your car accident settlement.
Safe Ride App Google Play
Rob Levine and Associates are proud to offer you our holiday safe driving program. Download our app at Apple, so if you have been drinking and are under the weather, we offer you a free taxi ride home on certain holidays and special occasions.
Safe Ride App iOS
On holidays and special occasions, if you have been drinking too much to drive, Rob Levine and Associates are proud to offer you our holiday safe driving program. For more information, download our app at Google Play.
Veteran Disability Blogs
The PACT Act: How It Affects Your VA Disability Benefits
The Honoring Our Promise to Address Comprehensive Toxics (PACT) Act is a significant expansion of VA healthcare and benefits for veterans with toxic exposures during their military service. The PACT Act impacts millions of veterans, ranging from those exposed to Agent Orange in Vietnam to those exposed to burn pits in the Middle East. Here […]
New Agent Orange Presumption Conditions: Monoclonal Gammopathy & Hypertension
With the enactment of the PACT Act, veterans are now eligible to presumptively service connect hypertension and monoclonal gammopathy – which are medical conditions related to Agent Orange exposure. This change will provide millions of veterans with an easier pathway to establish monthly VA disability compensation for disabilities related to their military service. Monoclonal Gammopathy Monoclonal Gammopathy is a condition in which abnormal proteins are found in the blood. The most […]
What Happened at Camp Lejeune?
Camp Lejeune is the “home of expeditionary forces in readiness”, but no one was anticipating the news that for over 30 years, individuals at the base were unknowingly suffering from exposure to toxic water contamination. Due to prolonged contamination, individuals have come forward with severe illnesses that change their lives and the lives of those […]
Long COVID Impact on US Workforce and Social Security Disability
August 2020 is the first time that the general public heard members of the medical community mention the term COVID long haulers. This term referred to those people who had contracted COVID 19 who continue to suffer from residual symptoms of the virus months after “recovery”. This term has changed over the past year and […]
What is the Camp Lejeune Justice Act of 2022?
Are you a civilian or a veteran who served, lived, or worked at Camp Lejeune in North Carolina? You may have been exposed to contaminated water and may be eligible for financial compensation from the government through the Camp Lejeune Justice Act of 2022. As more information is available about the water contamination on United […]
What Does the Camp Lejeune Justice Act Mean for Me?
As of March 2022, the United States Government addressed the widespread Water Contamination Lawsuit from water at Marine Base, Camp Lejeune, North Carolina. The toxic water claims have been ongoing since 1987. Now, the U.S Government is working towards providing justice to the countless people affected by the poisoned water. The Camp Lejeune Justice Act […]
