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You may be entitled to thousands of dollars in back pay

You served your country, now honor is due.

It’s no secret that the VA Disability process is confusing. There isn’t a lot of information available, and much of the information that is available is outdated or incorrect. This becomes even more evident when our attorneys and staff discuss back pay with Veterans.

Many Veterans aren’t aware they can receive back pay for their claims. In most cases, a Veteran will receive back pay from the date their claim was originally filed. So, if you filed your claim in December of 2016, and you get approved in May 2018, you should receive back pay for those 17 months. If you filed as a single Veteran with no dependents, and you are approved in 2018, you should receive $1,365.48 per month for your disabilities. The VA pays you back pay because they should have been paying you that amount every month since you filed. In this case, they will compensate you for the 17 months you should have been paid at 70%. In this example, that equals $23,213.16. (The amount may vary based on cost of living adjustments and a few other adjustments, but this  amount is an accurate estimate.)

A situation involving one of our clients is a good example. This Veteran was attempting to pursue his benefits claim on his own. He filed early in 2011, then was denied later in the year. He filed an appeal through the mail and thought the VA had received it, but they hadn’t. A year passed after he received his initial decision. The VA didn’t receive an appeal, so they closed his case. This caused the Veteran to lose his original back pay date.

This is one of the many reasons we are adamant about Veterans filing appeals before they expire. This Veteran was service connected at 100%, and his back pay date reset to when we reopened his case. Because the VA did not receive his appeal, he possibly lost out on thousands of dollars in back pay. When our firm represents a Veteran, we obtain confirmation notices from the VA. These notices let us know that the VA received the appeal. If necessary, we can use a confirmation notice to argue and prove an effective date.

What happens with back pay when you’ve been granted a specific percentage for a claim, but want to appeal the decision to receive a higher rating? Many Veterans believe that they won’t get the back pay if they appeal, or that they will stop receiving their monthly benefit. That’s not true. For instance; if you filed a claim for PTSD and the VA rated you at 30%, but you think you should be rated at 70%, you can file an appeal and not lose your back pay or your monthly compensation. If the VA then finds that you should have been rated at 70% the whole time, they will pay you additional back pay and adjust your monthly compensation going forward. You won’t lose what the VA has already paid, and you will still receive your monthly compensation while they are processing your appeal.

VA Disability is confusing. It takes years to master, and it’s difficult to pursue alone. You have several options when it comes to VA Disability representation. However, thousands of Veterans have selected Jan Dils, Attorneys at Law to help them get the benefits they deserve. We’re not volunteers. We have a vested interested in your case. We’re passionate about helping Veterans, and we’d love the opportunity to discuss your case in detail. Call us today for a free consultation. Our toll-free number is 1-877-526-3457. If you’d rather talk at a later time, fill out this form so we can call you at a better time.

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How a Prehearing Helps Your VA Disability Claim

VA Attorney Heather Vanhoose discusses VA Law with a Veteran of the USMC

When individuals are asked to recall the last time they felt really nervous, many situations come to mind. Perhaps it was a wedding or joining the military, or even buying a home for the first time. What do all of these situations have in common, besides their ability to induce a case of nerves? They happen with the help of others. Weddings include a new spouse. Many who join the military joined with a friend or quickly got to know individuals while they were in boot camp. Those buying their first home likely turned to their family and friends for help. While scholars like Robert D. Putnam assert that our society is becoming more isolated, most still tend to approach uncertain situations with others.

In a VA Disability claim, Veterans can feel isolated and alone. This is especially true for those who attempt to pursue claims on their own. The complexity of the VA disability process can often spell failure for those trying to navigate the process on their own. But many Veterans turn to the legal team at Jan Dils Attorneys at Law for guidance. Our attorneys and staff pride themselves on customer service and the ability to help Veterans at every stage of their claim, including attending a hearing for the first time.

One way in which the Jan Dils Legal Team helps Veterans alleviate the stress of a hearing is by holding a prehearing. Think of a prehearing like a practice test or a wedding rehearsal. In its simplest form, a prehearing is a structured conversation with an attorney to prepare the Veteran for his or her hearing. It’s like getting tips from Tom Brady prior to starting the Super Bowl, or Gordon Ramsey working as your sous chef. During a prehearing, the attorney advises the Veteran on everything from the temperament of a judge or decision review officer to how to dress. It may seem silly to advise someone on how to dress, but it can help alleviate a lot of stress if you know what to wear in advance. Since 1994 this team has represented thousands of individuals in cases, and they know what questions come up most often.

Speaking of questions, the attorneys also use this time to answer any questions the Veteran has prior to the hearing. For instance, attorney Heather Vanhoose may be asked about specific questions to expect during the hearing. Attorney Angie Lowe is often asked how to navigate the VA Reginal Office during her prehearings. They also use this time to answer questions about how the hearing will take place. A lot of Vets have more concerns if the hearing takes place via video as opposed to in person. So they address this as well.

It’s normal for a Veteran to be nervous before a hearing. In all honesty, most attorneys were nervous before their first hearing, too. It helps to meet with someone who has been through the process before. These attorneys aren’t volunteers. They have a vested interest in the cases they argue. They are also passionate about law. A Veteran interested in learning more about the services available at Jan Dils, Attorneys at Law should call 1-877-526-3457 for a Free Consultation. If this isn’t a convenient time to talk on the phone, fill out this form and someone will reach you at a better time.

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