FREQUENTLY ASKED QUESTIONS

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I was denied benefits. What’s next? 

If you have been denied a previous VA disability claim and need help with VA disability appeal, you should seek help from VA disability attorneys who are experienced with VA disability law. Veterans who are denied VA benefits should not take ‘no’ for an answer. Once you are denied benefits or if you do not agree with your rating, you have ONE YEAR to file a Supplemental Claim, Higher Level Review or Appeal to the BVA from the date on your rating decision letter. You also have 90-days to submit new additional evidence from the time you file a Supplement Claim. No new evidence is allowed for Higher Level Reviews. You also have 60-days to file an appeal if you received a decision from the BVA. 

What happens during an appeal? 

Formal appeals can be decided in front of an Administrative Judge at the Board of Veteran Appeals or can be decided by document review. During a hearing, it is possible that you provide testimony regarding your disability and service connection in the military.  This is a very important stage in the process. Here, the Judge can approve or deny your appeal or even send your case back to the VA Regional Office for further review.  The good news is even if the Judge denies your case, you can appeal that too! From there your case would go to the United States Supreme Court.  VABenefits4Vets has the experience and is also licensed to handle cases at the Supreme Court level as well.

Should I hire an attorney?  

Starting in 2007, the VA authorized attorneys to represent Veterans. While VA Law is relatively new, having an attorney represent you against the VA will give you an edge.  In addition, to knowing case law, rules and regulations; Attorneys go through law school and have the proper education and experience as compared to non-attorneys.  While Agents, Officers, former VA employees may have great experiences, attorneys review and attack issues in a different perspective.  Attorneys are able to write legal memos, legal complaints, pleadings and numerous other legal types documents.  We do far more than push papers and type in Veteran's information on free VA forms. Attorneys set the foundation for future arguments and counters. Attorneys are also more capable of dealing with VA Judges and Attorneys when or if that time comes. Especially at the BVA and CAVC level. Agents, VSO's, etc. are not authorized to handle cases at the CAVC level. You're most likely paying the same contingency fee to an agent....so why not use an attorney? 

• Low-Rating Decisions:  If you feel your initial rating decision was too low than what you deserve, you can certainly appeal.  VABenefits4Vets has helped may Veterans who were initially rated too low.  

• Worsened Impairments:  If your injuries whether mental or physical or if your disease has worsened since your original rating, you are entitled for an increased rating. However, it is not that easy. Call VABenefits4Vets to help advise you on your next steps.

Should I use a free service organization? 

Absolutely! As previously mentioned, VSO's,  DAV's, etc., all serve a great purpose and most do a great job. Please keep us in mind should you need to appeal to the next level or need that edge to win your case. 

What is the process?  

The VA disability claims process can be daunting. There are many Government forms applications, questionnaires and releases required needed to apply and appeal. For many, the VA claims process can be confusing and tedious. Southwest Law Firm is here to answer your questions and provide information that will help you throughout the process. If you have not filed a claim for VA disability compensation, complete VA Form 526EZ and submit the completed form to your VA Regional Office. If you are not sure where you closest Regional Office is located, go to http://www.benefits.va.gov/benefits/offices.asp.

Can you help with Nexus Statements?  

Absolutely! This is what separates us from other law firms and free organizations.  Your nexus statement will be drafted by actual doctors who have experience with the VA.  We have exclusive agreements with top doctors with an array of specialties. Most have decades of experience and also have published articles and treatises.  They only draft nexus statements for Southwest Law Firm clients.  When you work with us you also work with a very large network of doctors at your disposal. 

How much do nexus statements costs?  

The cost of a competent, thorough, physician-drafted nexus statement varies and is dependent on several factors, including the complexity of the condition(s), the number of conditions being addressed, and physician availability at the time of engagement. In many cases, a single nexus opinion may address up to five conditions, depending on their nature and interrelationship.

Veterans should be extremely cautious of low-cost nexus statement offerings. Some firms advertise that they can connect veterans with doctors willing to draft nexus opinions for significantly reduced fees. The reality is that no reputable physician will produce a high-quality, defensible nexus statement for $300, $500, or even $700. Proper nexus opinions require hours—and often days—of record review, medical analysis, and careful drafting.

Do not be misled by these inexpensive offers, and do not submit nexus statements generated by artificial intelligence. Never trust, always verify! These reports are frequently drafted by clerks or assistants who lack the medical training and expertise necessary to produce a competent medical-legal opinion. In many instances, the physician’s involvement is minimal, limited to a cursory review and signature, if a physician is involved at all. Quality control is often nonexistent, particularly because the veteran may not know how to evaluate the adequacy of the report.

If an offer seems too good to be true, it almost certainly is. Cheap services predictably lead to poor results.

Importantly, do not pay for or submit nexus statements authored or signed by non-physicians. Nexus opinions are too critical—and too expensive—to be delegated to other medical professionals as the primary source. While nurse practitioners and other clinicians may provide useful supplemental opinions, they should not serve as the primary nexus author. This is an easy point of attack for the VA, which routinely discounts such opinions by stating, “Our physician’s opinion carries more probative weight than your nurse practitioner’s opinion.” We have heard this argument repeatedly, and it is often effective.

Always verify the credentials, authorship, and quality of any nexus statement before submission.

Should I file an Intent to File form when filing new claims, claims for increase or appeals?  

Absolutely! Filing a 21-0966 - Intent to File (ITF) -  The date VA receives your intent to file will be protected as your effective date. This process allows you more time to collect information to support your claim. It also protects the earliest possible effective date for any benefits resulting from your claim.  However, the correct application form must be submitted within one year. You can file an ITF by calling the VA at 1-800-827-1000, faxing to 1-800-531-7818 or mailing your ITF form directly to DEPARTMENT OF VETERANS AFFAIRS CLAIMS INTAKE CENTER, P.O. BOX 4444, JANESVILLE, WI 53547-4444

Click here for a copy:   21-0966 (va.gov) 

What does it mean to have a Permanent and Total (P&T) rating?   

Permanent and Total (P&T) is simply a term that means your service-connected conditions will not improve.  Having a P&T rating can also protect you from having your file randomly review and thus limit a rating reduction proposal. 

How do I secure a Permanent and Total (P&T) rating?   

A Permanent and Total (P&T) classification is usually granted when a doctor provides an opinion that your service-connected conditions will not improve. This is usually done by using medical opinions by doctors. 

Is there an income limit for Permanent and Total (P&T) rating?   

Unlike Total Disability Individual Unemployability (TDIU), Permanent and Total (P&T) rating do not have an income limit.