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.