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WORKERS-COMP-NEWS...............................................................

The Book on

Veterans Claims

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ThE BOOK ON VETERANS CLAiMSPrepared by the Bulldog Laywers: lawyers at Anapol Schwartz and the lawyers at Shor, Levin & DeRita. © 2010 All Rights Reserved.Read more online at www.anapolschwartz.com / www.shorlevin.com / www.bulldoglawyers.com / www.workers-comp-news.com.


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TABLE OF CONTENTSA Joint Maneuver

In the beginning…

14 abbreviations used (alpha order)

8 forms needed (alpha order, pending

outcomes, not conclusive)

5 important deadlines

5 personal virtues necessary to

proceed with VA claims

3 types of representatives or advocates who

can present your claim to the VA

Benefit of retaining a lawyer to recover

your veterans’ disability benefits

What’s the difference between Veteran’s

Disability Compensation and

Veteran’s Pension Benefits?

8 ways to help your advocate present

your claim by providing

7 questions to ask your advocate or representative

4 reasons not to wait for compensation

benefits until you need them

6 wars (recent) and dates that

qualify for certain benefits

7 reasons which may qualify you

for pension benefits

6 medical exam tips



8 ways to support your claim

2 things to do if medical or personnel

records are lost

3 negative outcomes

4 different types of appeals

7 ways to work with advocates

13 diseases and disorders caused

by Agent Orange exposure



6 helpful resources

Free consultation

www.anapolschwartz.com

www.shorlevin.com

www.bulldoglawyers.com






A JOiNT MANEuVEr

If you thought being in the military was difficult, get ready for the fight of your life as you try to obtain what is rightfully yours—

Veterans’ Disability Benefits. Read through our bullet-point-driven veterans’ claims guide to find out what documents you

need and what are the steps required to maneuver the complex maze of obtaining your veterans’ disability benefits.

As your representative our lawyers will be your agent in meetings, telephone conversations, or discussions with the VA. We

help you in the preparation of your claim. We know the law and regulations governing the issues of your claim. We prepare

motions and briefs on your behalf setting forth your argument so the VA cannot deny it on a simple technicality. We prepare

and accompany you to your hearings.

Good evidence is vital to winning your claim.

iN ThE BEgiNNiNg…

Don’t even consider hitting the pause button. Start your claim for benefits ASAP because it takes a long time to get them.

Get an advocate. A written and dated handwritten note will begin the process. You will have more than enough time to get

your paperwork and documents together. If the VA is ready to hear your claim before you have all the documents, your

advocate can request that you want to submit all the evidence prior to your claim being decided.

It can take up to two years for your claim to be heard the first time and several more years if your claim is remanded, denied,

and/or appealed. Stop the roadblocks and call us today toll-free at 1-800-266-7639.


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14 ABBrEViATiONS uSEd (alpha order)

BVA—Board (bureaucracy) of Veterans’ Appeals—1.

can take up to two years to decide your claim

C-number or C-file number—VA claim 2.

number, stays with you forever

CVA—Court of Veterans Appeals 3.

DD-214—discharge papers4.

NOD—Notice of Disagreement5.

NPRC—National Personnel Record 6.

Center (to request military records)

PVA—Paralyzed Veterans of America 7.

RO—regional office or VARO—8.

Veterans Affairs Regional Office

SOC—Statement of Case, response 9.

sent by BVA for denying your claim

SSOC—Supplemental Statement of Case 10.

by BVA for continually denying your claim

SMR—service medical records11.

VA—Veterans Affairs12.

VAMC—Veterans Administration Medical Centers 13.

VSO—Veterans’ Service Officers14.

8 FOrMS NEEdEd (alpha order, pending outcomes, not conclusive)

DD-214—discharge papers

Motion to reconsider—asking the

BVA to reconsider their decision

National Archive Form 13075—questionnaire

about military service to be used to find

lost or difficult to find military records

Notice of Appeal—file if you wish

to be heard by the CVA

VA Form 9—your appeal to BVA’s

decision to deny claim

VA Form 21-22—Appointment of Veterans

Service Organization as Claimant’s

Representative (power of attorney given

to your representative or advocate)

VA Form 22a—Similar form as above

but given to your attorney

VA Form 21-526—Application for Compensation

and Pension—to be returned within 1 year


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5 iMpOrTANT dEAdLiNES

1 year to complete VA Form 21-526—Application 1.

for Compensation and Pension

90 days to file an appeal from date of 2.

second notification to submit new evidence,

request a hearing, or change advocates.

1 year to file a NOD if you are not 3.

happy with the BVA’s decision

60 days from date on SOC to file VA 4.

Form 9 or the remainder of 1 year from

date in which BVA first denied your claim

(whichever deadline is longer).

120th day after BVA denied, the notice 5.

of appeal must be filed within the 120

days in order to appeal to the CVA

5 pErSONAL VirTuES NECESSAry TO prOCEEd wiTh VA CLAiMS

Patience•

Resilience•

Due diligence•

Fortitude•

Organization•


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3 TypES OF rEprESENTATiVES Or AdVOCATES whO CAN prESENT yOur CLAiM TO ThE VA

Veterans’ Service Officers (VSO)—Free advocates from the 1.

state or county department of veterans affairs.

Free legal aid for low income qualifiers 2.

Attorney-at-la3. w—Legal representation cannot charge you a fee until

after the Board of Veterans Appeals have denied your claim.

FYI: Your representative will need to have access to Title 38 codes,

VA advocate manuals, guides, and handbooks.

BENEFiT OF rETAiNiNg A LAwyEr TO rECOVEr yOur VETErANS’ diSABiLiTy BENEFiTS

Lawyers know how to appeal, prosecute, and challenge

decisions that are not in your favor. Your VSO doesn’t go

that far.

The process of obtaining your military service disability

benefits will not be simple. Lawyers like soldiers are fight-

ers. They know the ins and outs and most of all, the laws

involved in the decision-making process of what to grant

and what to deny. Life is not always fair but lawyers like

soldiers will fight for justice, your justice.

Call us now to get the answers to your questions,

1-800-266-7639.


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11 righTS:

To review your VA file1.

To have your own doctor examine 2.

you in connection with your claim for

compensation or pension. The report must

be comprehensive and on your own dime.

To obtain your service medical records (SMR)3.

To receive one copy of your C-file; obtain it4.

To have a RO hearing before and 5.

after the BVA makes a decision

To file a motion for reconsideration6.

To appeal to the U.S. Court of Veterans Appeals7.

To reopen your claim at the 8.

RO with new evidence

To appeal the Court of Veterans Appeals (CVA)9.

To ask the BVA to reconsider10.

To 11. hire an attorney to help with appeals

whAT’S ThE diFFErENCE BETwEEN VETErAN’S diSABiLiTy COMpENSATiON ANd VETErAN’S pENSiON BENEFiTS?

Veteran’s Disability Compensation is a benefit awarded to

a person who has suffered or developed a service-con-

nected injury or disease. Veteran’s Disability Pension is a

benefit paid to a person who is suffering from a non-ser-

vice-connected disability or is older. Pension benefits are

needs based on your income, combined with your spouse’s

income, and dependent children averaged over a year, de-

ducted from the maximum pension amount.


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8 wAyS TO hELp yOur AdVOCATE prESENT yOur CLAiM By prOVidiNg:

Discharge papers

Copies of medical records, both

in military and private

Copies of service records

List of dependents and their birth

certificates and marriage licenses

List what happened in the service

that caused your disability

Provide a list of symptoms and treatment

which could relate to your disability

Reveal if you have already applied for Social Security disability payments

Provide an account of your net worth

7 quESTiONS TO ASk yOur AdVOCATE Or rEprESENTATiVE

Does my claim have merit or is this a waste of my time?1.

What do I have to prove?2.

What are the issues and possible roadblocks of my case?3.

What tools and tricks of the trade do you implement?4.

What’s your success to failure ratio?5.

Is my case too far along?6.

If I need to appeal, will you 7. represent me? (Most VSOs will not.)


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4 rEASONS NOT TO wAiT FOr COMpENSATiON BENEFiTS uNTiL yOu NEEd ThEM

Be proactive and protect your future benefits as it takes a painfully long time to get them.1.

It’s easier to convince the VA the closer to your discharge from the service.2.

The more recent your discharge, the easier it is to obtain documents and the better your memory.3.

If your condition gets worse, you can always file for an increase.4.

6 wArS (rECENT) ANd dATES ThAT quALiFy FOr CErTAiN BENEFiTS

Iraq War: •

from March 20, 2003 to ongoing

War in Afghanistan: •

from October 7, 2001 to ongoing

Persian Gulf Conflict: •

from August 2, 1990 to February 28, 1991

Vietnam (Southeast Asian) Conflict: •

from August 5, 1964 (but from February

28, 1961, for those who actually served

in Southeast Asia) to May 7, 1975

Korean Conflict: •

from June 1950 to January 1955

World War II: •

from Sept 1, 1939 to August 14, 1945


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7 rEASONS whiCh MAy quALiFy yOu FOr pENSiON BENEFiTS

You suffer from a disease or disability acquired while in the military.

The condition you had prior to military service became worse while serving.

You now suffer from a condition whose symptoms started within a year of being discharged.

You have a disability that probably started in the military but symptoms waited awhile like asbestos cancer.

Your disability was caused by another service related condition.

You have a disability caused by VA care.

You lost an organ which consequently caused other disabilities.

You have negative residual effects from time spent in the military.

6 MEdiCAL ExAM TipS

Try to get your own doctor or medical expert •

to examine you instead of the VA doctor.

Find out what the VA needs and •

give that info to your doctor.

Ask your doctor to write legibly and •

explain difficult terminology.

If you must use a VA doctor, ensure he has •

access to your file prior to his/her examining you.

If you don’t feel the VA doctor gave you a •

thorough examination, tell your advocate.

Be careful what you say to the VA doctor. He/she •

is like your employer’s insurance company doctor.

Anything you say may be held against you.


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Lawyers can recommend medical experts

to quantify your injuries and disabilities. Call

now to find out what your legal options are—

1-800-266-7639.

8 wAyS TO SuppOrT yOur CLAiM

Have all your documents 1.

in order (keep copies).

Keep all your correspondence 2.

from the VA.

Support your claim with medical reports preferably by medical experts. 3.

Send all medical records (but only if you benefit by them/nothing 4.

detrimental) to your advocate who will send to the VA.

Give your advocate a list of all VA hospital and VA medical clinics where you have been treated.5.

Ask your friends and family and friend from your military service 6.

to write testimonies about your symptoms.

Meet all your deadlines.7.

Hire an experienced and knowledgeable representative or advocate who is ahead 8.

of the curve, understands the game plan and knows how to present all the facts, is

able to provide answers to you in a timely matter, and possesses follow-through. In

other words, not someone who goes AWOL in the middle of the proceedings.


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2 ThiNgS TO dO iF MEdiCAL Or pErSONNEL rECOrdS ArE LOST

Medical: Unfortunately, this is not uncommon. If you were treat-

ed in a VAMC, the VA might not have that info in your file. Tell

your advocate where you treated and he/she will let the RO

know in order to collect the records.

Personnel: Some personnel records were lost in a big fire in

1973 at the NPRC. Your advocate can look elsewhere and file a

National Archives Form 13075.

3 NEgATiVE OuTCOMES

RO decides your disability is not service connected.•

Be awarded an evaluation of your disability •

that is lower than expectations.

Object to the date which the VA decides is the •

effective date to start payment.

4 diFFErENT TypES OF AppEALS

Reconsideration—A motion to reconsider does not mean you win.1.

Appeal to the Court of Veterans Appeals (CVA)—This is a 2.

separate federal court agency different from the VA.

Reopen your claim to the RO with new material and evidence—3.

you can hire an attorney for legal representation.

Appeal the CVA and try to reopen your claim at the RO with new evidence.4.


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7 wAyS TO wOrk wiTh AdVOCATES

Talk to your advocate on a regular basis.

Keep a file of all documents sent to the advocate. Make copies including

emails and correspondence, take notes during phone calls.

Alert your advocate if the VA calls or wants more info.

Review important documents and send to your advocate not your VA.

Put your c-file number (claim number) on all correspondence and documents.

Follow up with your advocate to verify all your information has been sent to the regional office (RO).

Follow your advocate’s advice.

13 diSEASES ANd diSOrdErS CAuSEd By AgENT OrANgE ExpOSurE

Acute and Subacute Peripheral Neuropathy•

AL Amyloidosis•

Chronic Lymphocytic Leukemia •

(includes B Cell Leukemia)

Diabetes Mellitus (Type 2)•

Hodgkin’s Disease•

Ischemic Heart Disease•

Multiple Myeloma•

Non-Hodgkin’s Lymphoma•

Parkinson’s Disease•

Porphyria Cutanea Tarda•

Prostate Cancer•

Respiratory Cancers•

Soft Tissue Sarcoma (other than •

Osteosarcoma, Chondrosarcoma,

Kaposi’s sarcoma, or Mesothelioma)


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The process of obtaining your military service disability benefits will not be simple. Lawyers, like soldiers, are fighters. They

know the ins and outs and most of all, the laws involved in the decision-making process of what gets granted and what gets

denied. Life is not always fair but lawyers like soldiers will fight for justice, your journey to justice.

6 hELpFuL rESOurCES

U.S. Dept. of Veteran Affairs, 1. www.va.gov

Board of Veterans Appeals,2. www.bva.va.gov

BVA Customer Service, 3. www.bva.va.gov/OMBUDSMAN_CustomerService.asp

Anapol Schwartz Attorneys-at Law, 4.

www.anapolschwartz.com/practices/employment_law.shtml

Shor, Levin & DeRita Attorneys-at-Law, 5. www.shorlevin.com/case.php

1-800-266-76396.

FrEE CONSuLTATiON

We Wrote “The Book on Veterans Claims” is by the same authors as “The Book on Comp.” The information has been pro-

vided by the law firms of Anapol Schwartz and Shor, Levin, & DeRita.

Since being founded in 1977, the law firm of Anapol, Schwartz, Weiss, Cohan, Feldman & Smalley, P.C., has grown to more

than 30 attorneys, and compiled a record of success unusual among its peers. Achievements are the result of attorneys and

staff, who advocate zealously ensuring that those who are negligent are held accountable for their actions.

For 30 years, the law firm of Shor, Levin & DeRita has specialized in workers’ compensation cases. Through the years, the

firm developed first-hand knowledge of changes in workers’ compensation law; rules that affect Social Security Disability

and Medicare; and numerous complex litigation issues. In some legal circles, they are known as the Bulldog Lawyers.

To find out about our Free No Obligation Consultation, all us toll free at 1-800-266-7639 or tell us more about your case at

www.workers-comp-news.com.


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http://www.va.gov/

http://www.bva.va.gov/

http://www.bva.va.gov/OMBUDSMAN_CustomerService.asp

http://www.anapolschwartz.com/practices/employment_law.shtml

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Veterans claims wcn