VETS HELPING VETS!
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We are Veterans of the United States Armed Forces, including the U.S. Army, United States Marine Corps, U.S. Navy, U.S. Air Force and U.S. Coast Guard.
After volunteering at various local POSTs over the years assisting disabled Veterans with their VA disability claims, few disabled Veterans gathered together in Las Vegas, utilizing their training and experience filing disability claims, to further assist other Veterans in a much bigger way. We are helping Veterans with VA Service-Connected Disabilities, avoid common mistakes that could delay their claims or result in a less-beneficial outcome for their claims. We are tackling these challenges, assisting our deserving Veterans through our Non-Profit Organization, VETERANS FOUNDATION, and our services are FREE to all Veterans. Our website provides resources for developing, filing and evaluating VA disabilities claims, to ensure that our deserving Veterans are well compensated for service connected injuries, sustained during Honorable Military Service.
One of the most effective forms of assistance for former military members is Vets helping Vets, and for good reason. Every day, thousands of Veterans who sustained service connected injuries are filing their claims with information obtained through our website. We are equally assisting other Veterans with complicated injuries and diseases with much needed information for their claims, to ensure that they are fairly compensated by the VA.
The best motivation we have every day as a Vets helping vets, is a better understanding of what other veterans are going through, whether it is PTSD, service-connected physical injuries, or problems obtaining the benefits that veterans may be entitled to. As a group of Veterans who have been there and done that, we have a level of personal experience and empathy that cannot be taught or faked.
As Service-Connected Disabled Veterans ourselves, we are aware of what our ex-service members are going through. Our veterans return home with a wide variety of issues, from mental health disorders to physical disabilities and traumatic brain injuries. Many Combat veterans also face many challenges in transitioning back to civilian life and this usually cause additional stress, which ends up exposing veterans to substance abuse disorders, thus, limiting Veterans abilities to be gainfully employed and properly function in the civilian life. With your help we can get much of our work done for our deserving Veterans.
Many Veterans are equally suffering from PTSD without even knowing it, other Veterans are finding it difficult meeting up their financial obligations, and end up becoming homeless. Today, the statistic of Homeless Veterans due to service-connected disabilities that prevents them from working is at its highest level. These Veterans should not have been homeless in the first place, if they were properly evaluated, rated and compensated by the VA for their service-connected disabilities. Many Veterans also found themselves in disadvantaged positions, due to the complexity and overwhelming form preparatory requirements in filing VA Disability claims. We are here to help ensure that our fellow Veterans are aware of what is needed for their disability claims, how their claims are evaluated and rated, as well as, what they are getting for their benefit entitlements. We equally help Veterans review denied claims for errors and re-submission, as well as, providing advisory for Appeal process.
Many Veterans do not know the nature of their service connected injuries and how to go about seeking VA compensation for the injuries, for the simple fact that Veterans did not know that they were eligible for VA benefits, and didn’t know how to apply for them. Furthermore, most Veterans are still relatively young when they separated from the military, and didn’t understand the value of VA benefits, until they got older, when the long-term effects of military life and various service-related injuries started becoming more obvious and started having more of an impact on their lives. In addition, most Veterans fails to pursue their disability claims based on the assumption that it can be difficult and take a long time, especially if there is a time gap between separating from the military and applying, since military records, including health records, get archived and have to be retrieved. We are helping Veterans understand all that, and are equally assisting Veterans with much complicated claims to reach Organizations that will help them, to ensure their needs are met.
Our efforts are yielding results, homeless Veterans are now receiving VA monetary compensations which helps them get back on their feet, while others and their families are now receiving proper medical care which had eluded them for decades. The Veterans and other family members, especially the Widows, who are now receiving other forms of assistance that they need, in addition to monetary compensation, are equally benefiting.
We are equally assisting Veterans with much complicated claims to reach Organizations that will help them fully develop and file their claims to ensure their needs are met.
Our Veteran staffed Non-Profit Organization provides detailed information through our website, http://www.vaclaims.org, to Veterans of any Era, ensuring that Veterans are familiar with the simplified methods of filing their claims and receiving their much-needed disabilities benefits. With our help, Veterans are now avoiding the tedious process of filings, that usually results to inadvertent mistakes and unfavorable decisions from the VA.
Our experience has shown that voluminous disability claims were improperly, or erroneously evaluated, denying benefits to well deserving disabled Veterans, who sacrifice all, for our dear Nation.
These are serious undertaken and we take it very serious, as our disabled veterans deserves better. We are ready and always willing to provide support.
At www.VAclaims.org, we are helping Veterans and pointing them in the right direction, by analyzing hundreds of thousands of disabilities claim cases, so that an average Veteran can understand his/her entitlements even before filing their claims, and timely appeal, if their claims are denied. Our efforts equally ensure that Veterans does not unknowingly forfeit their service connected disability entitlements.
We still have monumental tasks ahead of us, in this on-going project, evaluating and analyzing hundreds of thousands of VA Disability cases, to ensure that our Veterans are fairly compensated for their service connected disabilities.
22 Veterans commit suicide EVERY DAY!
There are currently 542,147 Veterans rated by the VA as 100% Disabled. Of these, only roughly HALF receive a VA Pension.
Approximately 495,000 Veterans are unemployed. This does NOT count those who are unable to work.
39,471 Veterans are estimated to be homeless. About 1.4 million other veterans, meanwhile, are considered at risk of
homelessness due to poverty, lack of support networks, and dismal living conditions in overcrowded or substandard housing.
11-20% of Combat Vets are suffering from PTSD.
PTSD is literally killing over 8,000 of our Brothers and Sisters EVERY YEAR. Veterans are being delayed or denied VA care.
There are 1,703 Veterans who are amputees as a result of OIF/OEF
The VA system has ONE healthcare professional for every 202 Veterans. This includes part time/rotational.
Military Sexual Trauma – 1,287,810 outpatient visits took place for MST related care in 2013.
1 in 4 women and and 1 in 100 men in the Military are victims of MST. 40% of homeless women Veterans have faced MST.
Depending on gender, survivors of MST are between 4 and 9 times likelier to attempt suicide than non-survivors.
Veterans – Are you getting all of the benefits you are entitled to?
The Department of Veterans Affairs (VA) disability compensation program provides monthly payments to veterans with injuries incurred or aggravated during military service. The VA operates 57 VA Regional Offices (VAROs) to process disability compensation claims. (56 VA Regional Offices (VAROs) and a Veterans Service Center, (VSC) in Cheyenne, WY, that process disability claims and provide a range of services to veterans). The largest Veterans Benefits Administration (VBA) Program is Pension & Compensation (C & P). The compensation element provides monetary benefits for service-connected diseases and disabilities. For example, during fiscal year 2008, approximately 3.2 million claimants received compensation benefits totalling about $36 Billion. Monthly compensation for claimants without dependents ranged from $117 to $2,527, depending on disability severity. Compensation claims includes the two distinct categories of rating and non-rating claims. Rating claims are claims that require a rating decision based on consideration of evidence, such as medical or military personnel records, in order to be processed. Rating claims includes original claims and reopened claims. Reopened claims are claims that VAROs previously denied for which claimant have provided new and material evidence. Non-rating claims include other types of claims, such as dependency changes, which VAROs can process without a rating decision.
Veterans receive awards based on the combined degree of disability of their service-related injuries. Injuries are rated from 0% to 100% in increments of 10%. In addition, veterans unable to work due to a service-related disability may qualify for Individual Unemployability (IU), which entitles them to receive payments at 100% even though they have a lower combined degree of disability. Many veterans are receiving over $2,900 monthly from VA disability compensation claims. There are also benefits available for veterans with dependent children and parents. Some veterans are missing years of VA disability compensation benefits and didn’t even know it. You could have years of backpay owed to you. Veteran disability compensation is tax-free. Veterans can receive VA disability benefits while working. Military veterans in the Army, Navy, Air Force, Marines, or Coast Guard with service-related injuries or disabilities may be eligible for veteran disability compensation. You can receive both Social Security and VA disability benefits, at the same time. To qualify for veterans disability compensation you must have a service-related disability and not have been discharged under dishonorable conditions. Service-related disabilities can range from conditions such as loss of limb(s) to Post Traumatic Stress Disorder (PTSD), among others.
Some VA disability compensation claims are finalized in a matter of months. Other VA disability compensation claims can take years. You will have to submit your VA disability compensation application to your local VA Regional Office (VARO). Each VARO has different waiting times. Some VAROs are much faster than others. Some claims are more complicated than others. VA disability compensation claims that are clearly service-connected sometimes are processed quicker. You should submit every single mental condition and physical condition that you may have when applying. Some of your medical conditions may be secondary-service-connected to your injuries. You will also want to submit medical documentation of your service-connected injury for VA disability compensation claims. As a general rule, all service-connected disabilities are eligible for VA disability compensation. There are lots of mental and physical impairments that are eligible for VA disability compensation. Remember, if your impairment is related to your military service it may be considered service-connected. Some of the most common impairments veterans are receiving money for is:
Agent Orange Exposure
Gulf War Syndrome
Ischemic Heart Disease
Military Sexual Trauma (MST)
Posttraumatic Stress Disorder (PTSD)
Traumatic Brain Injury (TBI)
and hundreds of others!
We are undertaking this initiative with hopes that it should provide a mechanism for Veterans to get a fairly representative sample of cases involving various Service-Connected and Non-Service Connected claims, how they are adjudicated and compensated.
This project will provide decisions, opinions and orders to Veterans and Researchers so they can study how different VA Claims courts have interpreted VA Benefit laws.
This project will equally provide legal guidance to Veterans about where courts draw the line between Service-Connected and Non-Service Connected Claims.
In addition, this project will also create an ongoing expense for VaClaims.org—hosting these many files costs real money.
These documents are a critical part of America’s legal system, and yet there is no easy way to access or analyze them before now. This inhibits veterans, researchers, journalists, and the public, and is in conflict with the spirit of Veteran Disability Benefits Compensation.
This initiative will help Veterans with basic and detailed information about various disabilities, how they are rated and compensated with the VA Claims courts.
Every Veteran, MUST know that the BURDEN of PROOF, for the Claims you Seek, lies upon the Veteran!
Our goal is to enlighten Disabled Veterans as to their Disability Entitlements, as well as, to break down the Appeal process in simpler format with the descriptions of the Injuries Granted or Denied, based on the number of Disabilities Claimed, so the Veteran can understand why his/her claim was [Granted or Denied] in the first place, and prepare accordingly, for the Appeal process for better success down the line.
Our Organisation was founded pursuant to the Veterans Claims Assistance Act of 2000 (VCAA), VA has a duty to notify and assist claimants in substantiating a claim for VA benefits. 38 U.S.C.A. §§5100, 5102, 5103, 5103A, 5107, 5126; 38 C.F.R §§3.102, 3.156(a), 3.159, 3.326(a).
Disabled Veterans are entitled to far and just compensation for their service connected or aggravated injuries.
Due to the chronic Homelessness of Veterans in the streets of Las Vegas, (One of the Highest in the Nation), for the past few years, my Staff and I, have been making huge efforts in helping Veterans get back on their feet. Some of these Homeless Veterans were unemployable due to injuries sustained during Military Service, they remained genuinely Disabled for years, without the knowledge of Service Connected Disability Compensations for which they were entitled to; monetary compensations for their Service Connected Disabilities that could have help them get back on their feet, and live normal lives, as proud Service Men and Women that Courageously Served our Nation.
Veterans should know that Service connection may be granted for a disability resulting from a disease or injury incurred in or aggravated by active military service. 38 U.S.C.A. § 1131; 38 C.F.R. § 3.303.
Generally, service connection requires (1) the existence of a present disability; (2) in-service incurrence or aggravation of an injury or disease; and (3) a causal relationship between the present disability and the disease or injury incurred or aggravated during service. Shedden v. Principi, 381 F.3d 1163 (Fed. Cir. 2004).
Certain chronic diseases, may be presumed to have been incurred during service, if the disorder manifests to a compensable degree within one year of separation from active duty. 38 C.F.R. §§ 3.307, 3.309.
In determining whether service connection is warranted for a disability, VA is responsible for determining whether the evidence supports the claim or is in relative equipoise, with the veteran prevailing in either event, or whether a preponderance of the evidence is against the claim, in which case the claim is denied. 38 U.S.C.A. § 5107; Gilbert v. Derwinski, 1 Vet. App. 49 (1990).
When there is an approximate balance of positive and negative evidence regarding any issue material to the determination, the benefit of the doubt is afforded to the claimant.
Always remember that No One Cares More About Your Claim Than You Do! You served Honorably and entitled to your disability compensation. You now have All the information you need to pursue your claim vigorously. No matter what anyone says, DO NOT let the VA Cheat You Out of Hundreds of Thousands of Tax-Free Dollars Over Your Lifetime!
YOU SERVED HONORABLY, IT IS YOUR MONEY, & YOU ARE ENTITLED TO IT! . . . PERIOD!
You served your Country Honorably and expected it to take care of you, if disabilities arose from your time in the service, you are entitled to compensation. Unfortunately, the Veterans Administration does not keep its promise to lots of veterans!
You MUST Fight to get your entitlements, even if you were denied at the initial stages, bearing in mind that some States deny Veterans disabilities compensation claims more often than others.
Death of a Veteran During Pendency of Appeal
The death of a Veteran ends his Appeal Process, However, the Spouse of the Veteran or an eligible person can file a request to be substituted as the appellant for purposes of processing the claim to completion. You have One Year to do that, in order to complete the Appeal. If the Appeal is successful, the widow or surviving family member that completed the appeal receives the benefits.
“As a matter of law, appellants’ claims do not survive their deaths. Zevalkink v. Brown, 102 F.3d 1236, 1243-44 (Fed. Cir. 1996); Smith v. Brown, 10 Vet. App. 330, 333-34 (1997); Landicho v. Brown, 7 Vet. App. 42, 47 (1994). This appeal on the merits has become moot by virtue of the death of the appellant and must be dismissed for lack of jurisdiction. See 38 U.S.C.A. § 7104(a) (West 2014); 38 C.F.R. § 20.1302 (2016).
In reaching this determination, the Board intimates no opinion as to the merits of this appeal or to any derivative claim brought by a survivor of the Veteran. 38 C.F.R. § 20.1106 (2016).
The Board’s dismissal of this appeal does not affect the right of an eligible person to file a request to be substituted as the appellant for purposes of processing the claim to completion. Such request must be filed not later than one year after the date of the appellant’s death. See 38 U.S.C.A. § 5121A (West 2014); 38 C.F.R. § 3.1010(b) (2015). A person eligible for substitution includes “a living person who would be eligible to receive accrued benefits due to the claimant under section 5121(a) of this title ….” 38 U.S.C.A. § 5121A (West 2014); see 38 C.F.R. § 3.1010(a) (2015). An eligible party seeking substitution in an appeal that has been dismissed by the Board due to the death of the claimant should file a request for substitution with the VA office from which the claim originated (listed on the first page of this decision). 38 C.F.R. § 3.1010(b) (2016).”
About Dependency and Indemnity Compensation (DIC) Claims
Dependency and Indemnity Compensation (DIC) claims are for widows and children of veterans who died of service-connected impairments. For example, suppose a Vietnam War veteran was exposed to Agent Orange and developed heart disease. If the veteran was receiving veterans benefits for heart disease and then died of heart disease, the family left behind may be eligible for benefits.
Monthly Compensation for DIC Veterans Benefits
$1,215 Basic monthly rate.
$258 Add $258 if at the time of the veteran’s death, the veteran was in receipt of or entitled to receive compensation for a service-connected disability rated totally disabling (including a rating based on individual unemployability) for a continuous period of at least 8 years immediately preceding death AND the surviving spouse was married to the veteran for those same 8 years. (38 U.S.C. 1311(a)(2))
$301 Add the following allowance for each dependent child under age 18. (38 U.S.C. 1311(b))
$301 If the surviving spouse is entitled to Aid and Attendance benefits, add $301. (38 U.S.C. 1311(c))
$141 If the surviving spouse is entitled to Housebound, add $141 (38 U.S.C. 1311(d))
If you are the spouse of a veteran that died from service-connected impairments, you may be eligible to receive DIC Veteran Widow Benefits. One major requirement is that you cannot remarry after the death of a veteran. Currently, DIC benefits pay widows $1,215 a month. You may also receive $301 for each dependent child under the age of 18. If the surviving spouse is also eligible for Aid & Attendance, you could receive an additional $301 per month. If you are also eligible for Household Benefits, you may receive another $141 per month. To receive DIC veteran widow benefits the veteran must have died from a service-connected impairment. That means the cause of death must be related to their time in the service. Too many widows of veterans are denied the DIC benefits they deserve. You may be confused as to why you were denied, but know this, being denied the first time is very common. The Veterans Administration makes lots of mistakes when deciding who is eligible for DIC benefits. Remember, your denial is not the end of the road for your DIC benefits claim. When you file a DIC veteran widow benefits appeal you are going to have to include evidence that proves the veteran had a service-connected impairment and that the veteran actually died from that impairment.
APPEAL: If you have been denied VA benefits, you may be able to APPEAL that decision.
If you disagree with your rating decision or are denied, you can file a Notice of Disagreement (NOD) with the correct VA office requesting an appeal of the decision. You must send your NOD within one year of the date your local VA mailed you the initial compensation denial. You may want to appeal if you are unhappy with the decision made by your local Veterans Administration (VA) office. If you believe you have a disability as a result of your service and were denied veteran disability compensation or if your disability is more severe than the VA rated it, you should consider an appeal.
Low-Rating Decisions: If you received an initial decision from the Veterans Administration and you believe they gave you a lower rating than you deserve, you could appeal, but Veterans should be aware that they only have one year to appeal a bad VA decision. We highly suggest you obtain new evidence to present to the Veterans Administration. You are going to have to show the Veterans Administration that you deserve the increase – new evidence is generally the best way to show you are entitled to increase your VA Disability rating.
Worsened Impairments: If your mental and physical impairments have worsened since your last rating decision, you may be wanting a rating increase. Veterans can file for VA disability ratings increases. You will want to submit medical evidence that your mental or physical service-connected impairment has worsened. For example, if your leg condition used to prevent you from working one day a week, but now it prevents you from working four days a week, you will want to submit evidence showing that. If you are looking to increase VA Disability ratings you want to present new evidence showing how your impairments have worsened over time.
When you file for a VA disability ratings increase, you are opening up your entire file again. That means there is a possibility the Veterans Administration could assign you a lower VA disability rating after review. Veterans should know that the Veterans Administration make lots of mistakes and many veterans are actually harmed by filing for a rating increase. However, an appellant or accredited representative may withdraw a substantive appeal in writing at any time prior to the Board’s promulgation of a decision. 38 C.F.R. § 20.204 (2016).
Veterans should equally know that Veterans who are approved for a VA disability rating increase may be able to receive over $2,900 a month. Many veterans are rated too low and aren’t receiving what they deserve from the Veterans Administration. Some veterans may find they are owed backpay. This is the money you should have been receiving dating back to when the impairment first worsened. Your effective date will determine when you should have received a VA disability rating increase. Many veterans find they have lots of missing backpay and the amount owed to them can be quite significant.
Veterans have one year to file a VA disability appeal from from the date of their denial. If you missed the deadline, you can re-apply. Effectively you are opening a new claim. There is no limit to how many times you can apply for VA disability benefits.
What is the Board of Veterans Appeals (BVA)? The Board of Veterans Appeals (BVA) is located in Washington, D.C. Members of the Board review benefit claims determinations made by local VA offices and issue decision on appeals. These Law Judges, attorneys experienced in veterans law and in reviewing benefit claims, are the only ones who can issue Board decisions, you can equally appeal that decision to the United States Court of Appeal for Veterans Claims, for the finality.
Many veterans will receive VA disability denials on their initial application. According to the VA, “in the past four years alone, VA has added more than 940,000 Veterans to the VA compensation rolls, more than the active duty Army and Navy combined.” Of those veterans, many had to appeal. You are not alone. If you are denied VA disability benefits, make sure you pay close attention to all the Veterans Administrations deadlines and complete all the paperwork. There are thousands of federal regulations that govern VA disability law and many veterans get confused, but the the cases you can find in our website can help you with your claims.
Appeals vs. Clear and Unmistakeable Error Veterans Benefits Claims
If you are still within the time period to file a VA disability appeal, we often recommend you appeal over filing a Clear and Unmistakable Error (CUE) VA claim. CUE claims have the propensity to take a long time and are regularly denied. Many veterans chose to file CUE claims over an appeal and are denied.
Clear and Unmistakable Error (CUE) VA claims are also known as Motion for Revisions. CUE claims basically state that the rating decision is wrong on its face and should be set aside. The veteran must show that the facts in the C File and regulations at the time of the decision could lead to only one conclusion and that the Veterans Administration was wrong. CUE claims are not approved very often and many veterans should consider an appeal or other legal avenues in the VA disability appeal process instead.
Some veterans that won their CUE claims are receiving over $2,900 a month from the Veterans Administration. If the veteran has dependent children and parents, they may be able to receive extra monthly compensation. Veterans that are unable to work may be able to receive Total Disability Individual Unemployability benefits.
When many veterans are approved VA benefits, they often receive a check from the Veterans Administration for back pay. This is the money that you should receive dating back to your effective date. Too often the Veterans Administration is wrong about effective dates and the veteran receives much less money than they deserve. Lots of veterans don’t even realize they are missing back pay benefits.
Veterans who are denied VA benefits should not take ‘no’ for an answer. Many veterans are given a rating much lower than what they actually deserve. Don’t just accept the rating the VA gives you. Did you know the difference between a 90 percent and 100 percent VA rating is over $1,000 a month? Well. . . NOW YOU KNOW!
Help us educate disabled veterans and their families on specific veterans’ benefits and services; mobile service offices helping veterans where they live; assistance to homeless veterans; helping thousands of veterans who defended our country’s freedom and have been unable to find their way in society.
Our Country’s Veterans are in a sad state of affairs. Thousands of Disabled Veterans are homeless and/or not receiving pensions. Military service is a massive burden, and that burden grows exponentially when combat is required of us, however, that is a burden which we bear with pride, dignity, and honor.
With your help, we can ensure that our deserving Veterans get the much-needed care they need from the VA, as well as, receive fair and timely compensation for their service-connected disabilities, which will help make a difference in their lives.
We still have monumental tasks ahead of us.
Our immediate need is getting help to cover our operating costs, including leasing and equipping bigger office space, retaining more staff, integrating various software and resources that will assist disabled Veterans in properly evaluating their injuries, and diseases even before filing their claims, thus, avoiding mistakes, delays and ensuring favorable decisions for their service-connected disabilities.
While our Website provides service to all Veterans across the Nation, our much bigger goal is the construction of a free-standing handicapped accessible office building here in Las Vegas, in a central location which will be accessible to our local Veterans, especially the homeless ones.
This proposed handicap equipped building when constructed, will accommodate both our administrative case analyzing Staff, Counselors, and Legal Clinics. The office complex will equally enable walk in visits for our much-neglected homeless Veterans, here in Las Vegas (Among the Nation’s Highest with over 7500 Homeless Veterans), to come in and meet with our Counselors, who will evaluate their disabilities, and help them with their disability claim filings, as well as, evaluating them for other things such as substance abuse, making referrals and recommendations, and setting them up with job internship programs to help them rebuild their lives.
This initiative will be an ongoing and very important one, as we further expand our collection of VA claims content and tools, and we hope that you will support our work as we expand it into this new area. Downloading, extracting, analysis and hosting these Millions of files will not be easy, but these documents are a critical element of the American legal system, especially to our well deserving Veterans. Making them easily available for Free to our deserving Disabled Veterans will create measurable impacts on our Veterans access to, and understanding of the laws involving their disability claims. Veterans that needs assistance in developing their claims are referred to Veterans Services Organizations; Donations received through our website equally supports those Veterans’ Services Organizations.
Your donation can help us educate disabled veterans and their families, on specific veterans’ benefits and services; provide mobile service offices helping veterans where they live; provide assistance to homeless veterans; and most of all, help hundreds of thousands of veterans who defended our country’s freedom and have been unable to find their way in our society.
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We Are Vets Helping Vets!
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Disclaimer: The information and documents available here should not be relied upon as an official record of action, as the Final Orders of the courts may have changed since the time of these publications. Only filed Decisions and Opinion documents can be viewed. Some documents received in a case may not be available for viewing.
Some documents including exhibits, records and appendices, may not be available for viewing. For official records, please contact the Clerk of the respective courts.
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