HOW TO WIN YOUR VA CLAIM

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1 Introduction HOW TO WIN YOUR VA CLAIM This book is intended to provide veterans with a short and easy to understand explanation about how to win a VA disability claim. This includes information on how to file a VA disability claim, what information/evidence is needed to win a claim, and the process and rules that apply. This book also provides information on why an attorney may be needed if a VA disability claim is denied or the veteran is not satisfied with the decision, such as a low rating. VA Claims and Appeals Process As a veteran of the U.S. Military you may be entitle to certain veteran s benefits. These benefits could include health care, pensions, education, training, insurance, employment aid, or housing aid. Some benefits deal with transitioning back to everyday life, while other benefits provide compensation for a disability suffered during your time in service. If you believe you are entitled to these benefits, but are not currently receiving them you should file a veteran s benefits claim. Whatever the situation, you should not be afraid to file a claim. Understanding the VA Claim Process Generally speaking, the claim process begins when you file an application, VA Form This form can be found on our Veterans Forms Page on our website at lawyers4veterans.com. You can file your initial claim at your local VA office or medical facility, or you can file online through the VA at ebenefits.va.gov. If you feel like you need assistance filing your claim, a representative from the VA or from a service organization can help you. Once the form is complete, the VA will begin processing your claim. Claim Stages After you have filed your VA Form , the VA will processes your claim in three stages. The VA refers to these stages as development, decision, and notification. During the initial development stage, the VA will request information regarding your claim. The VA will likely request that you provided them with certain military records, like your DD-214,

2 and any medical evidence you have that supports your claim. The VA may request that you undergo a medical examination, called a Compensation and Pension (C&P) exam, to help assess and evaluate your claims. During the decision stage, the VA will evaluate all the relevant information and evidence that has been gathered, and make a decisions regarding your claim. Should the rating official find that some relevant information is missing, the claim will be pushed back into the development stage. The final stage, notification, is where the rating official s decision is reviewed. If the decision is approved, a notification letter detailing the decision is sent to you. This notification letter will detail whether your claim has been approved and for what reasons. Veterans Disability Eligibility To be eligible for VA disability benefits, there are certain general requirements you most prove. First, you must show that you qualify as an eligible veteran under VA regulations. In most circumstances if you are a veteran, or the dependent or survivor of a veteran, and received a discharge under conditions other than dishonorable, then you meet the VA s definition of an eligible veteran. Once you have proven that you qualify as an eligible veteran, you most then prove that you have a disability that can be service-connected. To have a disability classified as serviceconnected, you must show you have a current disability caused by your time in service. Specific Requirements for VA Disability In addition to the general requirements for VA disability benefits, each specific benefit has particular requirements you must meet to qualify for the benefit. If you are looking to be cared for in a nursing home, the type of requirements naturally will look very different than the criteria to receive individual unemployability. The following are some benefits you may be entitled to, for more specific information, please contact our office. Total Disability Rating Based On Individual Unemployability (TDIU or IU) - If you have a disability that prevents you from being able to work, you may be eligible for an increase to a 100% disability rating based on Individual Unemployability. With Individual Unemployability, you may be entitled to compensation at 100% even if your combined current disability ratings do not equal a 100% rating as long as the disability is serviceconnected and prevents you from securing or maintaining gainful employment.

3 Dependency & Indemnity Compensation (DIC) - If a veteran with a service-connected disability dies as a result of that service-connected disability, then the surviving spouse, children or parents, may be entitled to DIC benefits from the VA. Aid and Attendance (A&A) - If you require regular assistance from others to perform personal daily living tasks, then you may be entitled to A&A from the VA. A&A is a benefit that is separate from your disability rating, meaning you may be entitled to additional compensation, even if you are currently rated at 100%. The best path to take if you are trying to figure out if you are eligible to receive a specific VA disability benefit is to contact Bosley & Bratch and discuss your claim with one of our legal professionals. We can help you manage through the copious amounts of legislation and paperwork in order to find out if you do meet all the eligibility requirements. Contact our firm today at to get started. What Do I Need to Apply? When you decide you are ready to file your claim, the first thing you must do is get the application, called the VA Form or the Veterans Application for Compensation and/or Pension. This form can be found online or at your local VA facility or on the Forms Page on our website at lawyers4veterans.com. What Paperwork Do I Need? After you submit your application, the VA will likely ask you to submit a number of additional documents. These could include parts of your military records, certain dependency records, and any medical evidence you have available. The VA will use your military records to establish you are an eligible veteran and a connection exists between your current disability and military service. For example, your DD-214 can be used to prove the type of discharge you were given and may be used to show you deployed. In some cases, you may need to provide deployment orders to prove you were exposed to certain environmental hazards. In other situations, an award citation could prove to the VA that an event that substantiates your claim occurred in service. Don t think you need to limit the evidence you provide to the VA to official military records. In the past, veterans have been able to prove their entitlement to benefits by providing the VA with articles written by newspapers, such as the Army Times, featuring an event where the service member was involved. Even a letter written by another service member who can corroborate your story will serve as proof in your VA claim.

4 The VA may also need to see dependency records. Marriage license or birth certificates for your children, could be used to prove entitlement to dependency compensation. Any medical evidence, whether from your private doctor, a VA doctor, or a military doctor, will help you prove your disability and need for aid. What if I Do Not Have the Necessary Documents? If you do not have access to all the documents the VA requests, it is ok. There is a lot of paperwork you must fill out and provide to the VA. In some cases, these necessary records are difficult to obtain. The responsibility to find all the necessary paperwork does not rest squarely on your shoulders. The VA carries a significant portion of that obligation, as they have a duty to assist you in locating information relevant to your claim. The VA may be able to request a copy of your paperwork from the National Archives and Records Administration (NARA), which stores copies of all military personnel files. However, it will be beneficial for you to have the necessary documents ready so the entire process moves faster. The Veterans Claim Assistance Act The Veteran's Claim Assistance Act (VCAA) was instituted in The VCAA and it created a statutory obligation for the VA to assist veterans in developing their claims. This legislation was a reaction against the staggering amount of claims being rejected on the basis the claim had no backing. Most of these denials were unfounded and were merely an attempt to quickly eliminate claims. According to this law, the VA has a duty to assist veterans to fully develop all their claims, find necessary evidence, and to inform the veteran at every stage of the application process of information needed to properly develop the veteran s claim. This law was designed to bring more fairness into the disability claim system. Under the Act, the VA is required to find records relevant to your claim, even if they are records the VA doesn t maintain themselves. Additionally, the VA must provide a medical examination for the disability that you are claiming. This evaluation is meant to determine whether the impairment is related to your service in the military. If found to be related to service, what rating you should be given. The VA Rating System The VA rating system is based on the average impairment of earning capacity a disability would cause in civil employment. The rating system, called the VA Schedule for Rating Disabilities (VASRD), rates the disability on a scale starting with 0 percent to 100 percent using increments of ten. A 0 percent rating is given to a disability claim when the veteran has been diagnosed with a condition, but that condition is not serious enough to warrant compensation. While this may not seem helpful, a 0 percent rating acknowledges the disability is related to the veteran s

5 service and allows the veteran to file for an increased rating at a later time should their condition worsen without having to prove service-connection. On the other hand, at 100 percent a veteran has been given a total disability rating. Currently, a veteran who has received a 100% rating will receive around $3,000 per month with increases for dependents. Understanding the VA Appeals Process An appeal allows you to file a motion to change a decision made by a VA regional office. If you think the VA wrongly denied your benefits or underestimated the severity of your disability, you should consider appealing the regional office s decision. When you file an appeal, you choose to have your appeal considered by a Decision Review Officer (DRO) at the VA regional office, or have your appeal certified to the Board of Veterans Appeals (BVA). Should you decide to file an appeal, you start by filing a Notice of Disagreement (NOD). The VA will respond to the NOD by sending you a Statement of the Case (SOC). If you belief there is an error in the SOC, you may file a substantive appeal (Form 9). This certifies your case to the BVA. After a hearing, the BVA will make a decision regarding your claim. If, after the BVA decision is made, you still believe there is a mistake, you may file a Notice of Appeal (NOA) and attempt to move the case to the Court of Appeals for Veterans Claims (CAVC). Notice of Disagreement (NOD) If you are dissatisfied with the regional office s decision regarding your initial claim, you can file a Notice of Disagreement on VA Form , the NOD must be filed on the official VA form. You must file the NOD within a year of the date the regional office made their decision regarding your initial claim. In the NOD, you may request that a Decision Review Officer (DRO) review your case and may also request a personal hearing with the DRO to discuss your claim. Statement of Case (SOC) If the DRO chooses to uphold the regional office s initial decision, then the VA will create a Statement of Case (SOC). The SOC is an explanation of the relevant laws and regulations used to determine the outcome of your claim. The SOC should be extremely detailed and present the reasons the VA made its decision about your case. The SOC will be mailed to you once it is completed. Substantive Appeal Form (VA Form 9) One of the main reasons the VA sends veterans a SOC, is so the veteran has all the information they need to prepare a Substantive Appeal (VA Form 9). When preparing the Form 9, the

6 veteran should use the SOC to help characterize the issues they plan to dispute in the appeal. When the VA sends out the SOC, they will include a Form 9. If you need another copy, you can download one from bva.va.gov. You have 60 days after the SOC is issued to complete and submit your VA Form 9. The VA Form 9 is a formal appeal. It gives you the opportunity to present your side of the case to the Board of Veterans Appeals (BVA) regarding the benefits you believe you are entitled to and allows you to list any errors that you find in the SOC. BVA Hearings When file your appeal to the BVA, you may but are not required to request a personal hearing to discuss your appeal. You, your veteran s disability lawyer, and an Administrative Law Judge (ALJ) from the VA will meet to discuss your case. There are three types of BVA hearings: A hearing at the BVA office in Washington, D.C. A videoconference hearing at your local VA office with a BVA member in Washington D.C. A hearing at your local VA office with a BVA board member What to Expect During Your Hearing BVA hearings are relatively informal unlike courtroom hearings or trials. At the beginning of the hearing, the ALJ will identify him/herself. Additionally, the ALJ will make sure that you and the BVA agree on the subject of your claim and appeal. The ALJ will explain the hearing to you and you will be sworn in. During the hearing, you will be given the opportunity to say anything that you think the ALJ needs to hear to rule on your claim. The ALJ will not make a decision about your case at the hearing, instead, the case will be reviewed and a decision will be made at a later time. Note that if you request a hearing it will cause additional delay in your case while waiting to get the hearing scheduled. Our experience is that it may add 1-3 years to your case. Notice of Appeal (NOA) If you are not satisfied with the decision from the BVA you may appeal to the U.S. Court of Appeals for Veterans Claims (CAVC). As a result of the Veterans Judicial review Act of 1988 (VJRA) the BVA has a legal duty to notify claimants of their appeal rights. In order to comply with their duty under VJRA, the BVA will include a notice of appellate rights when they inform you of their decision. If you believe the BVA judge made a mistake while ruling on your case, you can file a Notice of Appeal (NOA) with the CAVC. A NOA is sent to CAVC requesting the court review your case. The NOA must be filed within 120 days of the BVA s decision. Unlike the BVA, the CAVC is not part of the VA, instead, the CAVC is part of the federal court system.

7 The CAVC will review your claims, evidence, and legal arguments submitted on your behalf. Since the court will primarily attempt to locate legal errors made by the BVA, it is crucial the arguments are firmly based on clear points of law. Unlike at the BVA, the VA will be represented by its own attorney at the CAVC. At the CAVC level, a highly skilled attorney can help you prepare the strongest arguments possible, and ultimately may be the difference between securing your full benefits or going home empty handed. One of the many things that setting Bosley & Bratch apart from other firms, is that we have an attorney who has worked at the CAVC. Because of this, you can rest assured your case will be handled by an attorney who has a strong familiarity with the innerworkings of the CAVC. Very few firms can offer this level of insight to veterans. When your case reaches the CAVC, any attorney fees and costs that arise will be paid by the government if you win and Bosley & Bratch will not charge you if we are not successful. Contact us today to see what our veteran's disability lawyers can do for your case.

8 The Appeals Process Claim Filed Claim Decided You Are Not Satisfied Notice of Disagreement Statement of the Case Hearing with Board Member You Ask For a Hearing Substantive Appeal (VA Form 9) Decision by Board of Veterans Appeals You Are Not Satisfied Notice of Appeal Decision by Court of Appeals for Veterans Claims

9 What If Your Claim Is Denied Or You Aren t Satisfied? If your VA disability claim is denied or you are not satisfied with the decision please call us today at for a free consultation. For additional information read below or check out our website at lawyers4veterans.com. Do You Need A VA Disability Lawyer? First, ask yourself the following questions: Do you trust the VA to give you what you are entitled to? Do you believe the VA is doing everything it can to assist you in obtaining your benefits? Do you believe the VA is telling you everything that you are entitled to? Do you believe you fully understand VA law and regulations? Would you go to court without a lawyer? If you answered no to any of these questions then you may need a lawyer. A lawyer that knows the VA's laws and regulations, understands what you are legally entitled to receive, and a lawyer can use that knowledge to level the playing field for veterans. Why You Need Bosley & Bratch Having a lawyer increases your chances of winning. According to the VA s own statistics you are twice as likely to win an appeal with a lawyer rather than fighting it alone. (Board of Veterans' Appeals Report of the Chairman Fiscal Year 2012). Communication. We pride ourselves in our commitment to communicate with clients as much as they need. We know how the VA treats veterans and how hard it is to talk to someone about your medical or claims. Experience. We have been successfully helping veterans win VA disability benefits since Read our Recent Victories and Testimonials from satisfied clients on our website at lawyers4veterans.com. Leaders in VA law. We are leaders in VA law. Many of our lawyers serve or have served in various leadership positions in the field of VA law and lecture and train other lawyers and agents in VA law. For more info check out the Profiles of our attorneys on our website at lawyers4veterans.com.

10 Veteran Owned. We are a Veteran owned firm passionate about helping fellow veterans. Ralph Bratch, the President and owner of Bosley & Bratch served 16 years as a Judge Advocate in the Army. We know the law! The VA regulations and laws are over 2,000 single spaced pages. Our lawyers know these regulations and laws inside and out. Resources. We have access to extensive resources that allow us to secure evidence to support your claim and appeal. Evidence. We gather military and medical records and review them to find the evidence to help win cases. Medical Treatment. We advise clients on seeking medical treatment and we may refer them to medical experts for evaluations. We work with treating and other expert medical and mental health professionals. NO FEES UNLESS YOU WIN. We do not charge any fees unless we are successful in your appeal and then we are only paid a fee based on a percentage of the back pay we recover for you. Contact Bosley & Bratch Today To find out more about what we can do for you, fill out a free case evaluation form or call (800) today. Ralph Bratch Ralph is the President and Owner of Bosley & Bratch. He has been practicing law for nearly 30 years. For over 12 years, he has helped thousands of veterans obtain their VA benefits. Ralph served as a Judge Advocate in the Army for 16 years. He has given numerous lectures around the country on VA legal issues to various organizations including state bar associations, the National Organization for Veterans Advocates, and the U.S. Army JAG School. He is also involved in and supports a number of veteran friendly charities.

11 Filing a Claim Checklist VA Form Copies of Military Service Records Copies of Medical Records Date Filed Additional Documents Requested by VA Documents Sent: Copies of Records Requested from the VA Rating Decision Received Date Sent: Date Sent: Date Sent: Date Sent: Date Requested: Date Received: Appealing the Decision? Notice of Disagreement VA Form Statement of Case from the VA Substantive Appeal VA Form 9 BVA Hearing Requested Date Sent: Date Received: Date Filed: Date Requested: BVA Hearing Hearing at the BVA in DC Video Conference Hearing at Local VA Office Date Set: Appealing BVA Decision? Bosley & Bratch Called Notice of Appeal Filed Date Filed: