Veterans claims wcn

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The Book on
Veterans Claims

COPyRighT © 2010
The Bulldog Laywers–Workers’ Compensation Lawyers–Pennsylvania Work injury Laywers–Workers’ Compensation and Work injury Law Firm.
All Rights Reserved.

Call: 1-800-266-7639
Read more information online at: www.workers-comp-news.com

DiSCLAiMER—This content is for general informational purposes only. These materials do not, and are not intended to, constitute legal advice. These
materials may be considered advertising under various states’ rules governing lawyer professional conduct. The information provided at this Site is
not privileged and does not create an attorney-client relationship with SLD or any attorney at SLD.

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TABLE OF CONTENTS
A Joint Maneuver 6 medical exam tips

In the beginning… Benefit of retaining a lawyer to recover
your veterans’ disability benefits
14 abbreviations used (alpha order)
8 ways to support your claim
8 forms needed (alpha order, pending
outcomes, not conclusive) 2 things to do if medical or personnel
records are lost
5 important deadlines
3 negative outcomes
5 personal virtues necessary to
proceed with VA claims 4 different types of appeals

3 types of representatives or advocates who 7 ways to work with advocates
can present your claim to the VA
13 diseases and disorders caused
Benefit of retaining a lawyer to recover by Agent Orange exposure
your veterans’ disability benefits
Benefit of retaining a lawyer to recover
What’s the difference between Veteran’s your veterans’ disability benefits
Disability Compensation and
6 helpful resources
Veteran’s Pension Benefits?
Free consultation
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

ThE BOOK ON VETERANS CLAiMS
Prepared 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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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.


WORKERS-COMP-NEWS

14 ABBrEViATiONS uSEd 8 FOrMS NEEdEd
(alpha order) (alpha order, pending
1. BVA—Board (bureaucracy) of Veterans’ Appeals—
outcomes, not conclusive)
can take up to two years to decide your claim DD-214—discharge papers

2. C-number or C-file number—VA claim Motion to reconsider—asking the
number, stays with you forever BVA to reconsider their decision

3. CVA—Court of Veterans Appeals National Archive Form 13075—questionnaire
about military service to be used to find
4. DD-214—discharge papers
lost or difficult to find military records
5. NOD—Notice of Disagreement
Notice of Appeal—file if you wish
6. NPRC—National Personnel Record to be heard by the CVA
Center (to request military records)
VA Form 9—your appeal to BVA’s
7. PVA—Paralyzed Veterans of America decision to deny claim

8. RO—regional office or VARO— VA Form 21-22—Appointment of Veterans
Veterans Affairs Regional Office Service Organization as Claimant’s
Representative (power of attorney given
9. SOC—Statement of Case, response
to your representative or advocate)
sent by BVA for denying your claim
VA Form 22a—Similar form as above
10. SSOC—Supplemental Statement of Case
but given to your attorney
by BVA for continually denying your claim
VA Form 21-526—Application for Compensation
11. SMR—service medical records
and Pension—to be returned within 1 year
12. VA—Veterans Affairs

13. VAMC—Veterans Administration Medical Centers

14. VSO—Veterans’ Service Officers


WORKERS-COMP-NEWS

5 iMpOrTANT dEAdLiNES
1. 1 year to complete VA Form 21-526—Application
for Compensation and Pension

2. 90 days to file an appeal from date of
second notification to submit new evidence,
request a hearing, or change advocates.

3. 1 year to file a NOD if you are not
happy with the BVA’s decision

4. 60 days from date on SOC to file VA
Form 9 or the remainder of 1 year from
date in which BVA first denied your claim
(whichever deadline is longer).

5. 120th day after BVA denied, the notice
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
1. Veterans’ Service Officers (VSO)—Free advocates from the
state or county department of veterans affairs.

2. Free legal aid for low income qualifiers

3. Attorney-at-law—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.


WORKERS-COMP-NEWS

11 righTS: whAT’S ThE diFFErENCE
1. To review your VA file
BETwEEN VETErAN’S diSABiLiTy
COMpENSATiON ANd VETErAN’S
2. To have your own doctor examine
pENSiON BENEFiTS?
you in connection with your claim for
compensation or pension. The report must Veteran’s Disability Compensation is a benefit awarded to
be comprehensive and on your own dime. a person who has suffered or developed a service-con-
nected injury or disease. Veteran’s Disability Pension is a
3. To obtain your service medical records (SMR)
benefit paid to a person who is suffering from a non-ser-
4. To receive one copy of your C-file; obtain it vice-connected disability or is older. Pension benefits are
needs based on your income, combined with your spouse’s
5. To have a RO hearing before and income, and dependent children averaged over a year, de-
after the BVA makes a decision ducted from the maximum pension amount.

6. To file a motion for reconsideration

7. To appeal to the U.S. Court of Veterans Appeals

8. To reopen your claim at the
RO with new evidence

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

10. To ask the BVA to reconsider

11. To hire an attorney to help with appeals


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

2. What do I have to prove?

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

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

5. What’s your success to failure ratio?

6. Is my case too far along?

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


WORKERS-COMP-NEWS

4 rEASONS NOT TO wAiT FOr COMpENSATiON
BENEFiTS uNTiL yOu NEEd ThEM
1. Be proactive and protect your future benefits as it takes a painfully long time to get them.

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

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

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

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.


WORKERS-COMP-NEWS

BENEFiT OF rETAiNiNg
A LAwyEr TO rECOVEr
yOur VETErANS’
diSABiLiTy BENEFiTS
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
1. Have all your documents
in order (keep copies).

2. Keep all your correspondence
from the VA.

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

4. Send all medical records (but only if you benefit by them/nothing
detrimental) to your advocate who will send to the VA.

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

6. Ask your friends and family and friend from your military service
to write testimonies about your symptoms.

7. Meet all your deadlines.

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


WORKERS-COMP-NEWS

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

2. Appeal to the Court of Veterans Appeals (CVA)—This is a
separate federal court agency different from the VA.

3. Reopen your claim to the RO with new material and evidence—
you can hire an attorney for legal representation.

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


WORKERS-COMP-NEWS

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 • Respiratory Cancers

• AL Amyloidosis • Soft Tissue Sarcoma (other than
Osteosarcoma, Chondrosarcoma,
• Chronic Lymphocytic Leukemia
Kaposi’s sarcoma, or Mesothelioma)
(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


WORKERS-COMP-NEWS

BENEFiT OF rETAiNiNg A LAwyEr TO rECOVEr
yOur VETErANS’ diSABiLiTy BENEFiTS
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
1. U.S. Dept. of Veteran Affairs, www.va.gov

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

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

4. Anapol Schwartz Attorneys-at Law,
www.anapolschwartz.com/practices/employment_law.shtml

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

6. 1-800-266-7639

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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