I assist with all claims and appeals. However, you can learn more and request Dr. Holden, (D.B.A.) as your agent by clicking HERE
Must meet definition of a veteran
Must meet active duty requirements
Must meet the period of active duty service requirements
Service-connected disabilities cannot be a result of willful misconduct
Pension is not available if discharge was due to willful misconduct
Must have received an other than dishonor discharge
Assistance with a claim for veteran is defines in Title 38CFR§ 14.627 as the accreditation authority granted by VA to representatives, agents, and attorneys to assist “claimants” in the preparation, presentation, and prosecution for claims for VA benefits.
Preparation and presentation of claims not only applies to assisting with paperwork but also includes providing specific advice to a “claimant” for his or her particular claim.
VA defines a claimant” as… “a person who had files or has expressed to a (accredited) representative, (accredited) agent, or (accredited) attorney an intention to file a written application for determination of entitlement to benefits provided under title 38, United States Code, and implementing directives.”
VA will agree to pay fees directly to the agent or attorney up to 20% of past-due benefits if the fees are based on past-due benefits.
All fees are overseen by the VA Office of General Counsel (OGC) and capped at 20% of the retroactive dollar amount of benefits awarded to you.
A non-service connected pension is commonly called “pension.” A service-connected benefit or veterans disability compensation pays you for injuries or illness you experienced while in service.
Yes, you can.
The claim process is much faster now than it was years ago. Current times depend on the backlog of the VA. Under the new appeal the timeframes are 4 to 12 months.
That’s a very difficult question to answer. The VA has ambitious goals with its new appeals options and is working toward timeframes of just 4-12 months.
This depends on which appeal lane you choose. Based on other claims I have seen, if the veteran need a personal hearing or have multiple appeals the timeframe may be longer.
Yes, it may be possible to receive both forms of income. Disabled veterans who are unable to work due to permanent disability can collect both Social Security Disability Insurance (SSDI) benefits and VA benefits at the same time.
The Veteran Appeals Improvement and Modernization Act of 2017
became law on August 23, 2017 (Pub L. 115-55). It is also known as the Appeals Modernization Act.
The new law:
- Modernizes the current claims and appeals process
- Includes three review options for disagreements with decisions
- Requires improved notification of VA decisions
- Provides earlier claim resolution
- Ensures you receive the earliest effective date possible
I will take a second look at the claim and make a decision on the next
course of action. According to the VA 75% of first-time applications are denied.
From my experience, the applications I have seen denied are often incomplete or do not provide the necessary documentation for the rater to rate the claim.
What is a VA claim exam, also known as a Compensation and Pension (C&P) examination?
If you’ve filed a claim with the U.S. Department of Veterans Affairs (VA) for disability compensation or pension benefits, VA may ask you to go to an examination as part of the claim process. For disability compensation, this exam helps VA determine if you have a disability related to your military service or if your condition should receive an increased rating due to it worsening. In the case of pension claims, the exam documents the level of your disability. This is known as a VA claim exam or a compensation & pension (C&P) exam.
Is everyone scheduled for a VA claim exam?
No, not everyone will be requested to attend a VA exam. After you have applied for disability compensation and/or pension, you may receive a phone call or a letter from VA or a VA partner asking you to come to a claim exam, also known as a C&P exam. If you have claimed benefits based upon several disabilities, you may be asked to report for one or more exams so each disability can be reviewed by an appropriate examiner. This is a routine request. You may be asked to go to a VA medical center or a VA partner to complete the claim exams. Not every application for a benefit will require an exam; it depends on what medical evidence has been included with the application.
Can the person doing my VA claim exam tell me the status of my claim?
No, the examiner is only involved in performing the exam and providing the results to the claims processor. They are not part of the rating process, and do not make the rating decisions. They will never know the outcome of your pending claim. Only a VA regional office can answer questions regarding rating decisions.
Can I bring my spouse or family member to my claim exam?
Yes, at your request and the approval of the examiner, family members, caregivers, and significant others may be allowed to join you during an exam, but may not participate in and/or interfere with the exam. Service animals are also permitted.
I missed my scheduled claim exam, what should I do?
If you were unable to attend your exam and did not contact VA in advance, your appointment will be considered a “no- show.” You will have to request a new exam appointment by calling 1-800-827-1000. If you fail to show up to any claim or C&P exam(s), it is likely that your claim decision will be delayed while VA tries to reschedule your exam. Your claim could also be rated “as-is” (using only the current information in your file). It is very helpful to make sure that both the VA regional office and the VA medical center nearest to you have your current address, phone number, and email information. This will help make sure VA can communicate with you about any need for a claim exam appointment. It is also a good idea to call and confirm the exam time(s) and location(s) that you have received to make sure you and VA have the correct appointment information.
My claim exam is scheduled far away from where I live; can I get help with paying for my travel?
Yes, if you are scheduled for a claim exam or C&P exam, you can request travel reimbursement. Mileage is calculated from your door to the exam facility. Your travel pay request will be submitted to the beneficiary travel office.
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