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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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What Does Evidence Mean In A VA Disability Claim?

The Greek philosopher Socrates once stated, “The beginning of wisdom is a definition of terms.” While some detractors state that this quote is ubiquitous, others call it timeless. Regardless of how you interpret the quote, you’ll likely agree that conflict and confusion can result from failure to understand and define terms. And one term that is often misunderstood when it comes to VA disability is “evidence”.

Due in large part to the emergence of legal dramas in pop culture, the noun “evidence” is omnipresent. When most think of the term, they think of a blood-splattered glove or “exhibit B” on the latest episode of Law and Order. When applied to Veterans disability, evidence is not as complicated. The following examples will help clarify how evidence is incorporated in a VA disability claim.

The first, and arguably most important, example of evidence is that of medical records. A Veteran’s medical records paint a picture of his or her time in service and provide a roadmap of their medical journey since discharge. Medical records are forms of evidence that prove a Veteran has been diagnosed with a specific condition, has been treated for that condition, and can also prove the extent of an injury or medical condition. Medical records can also confirm the date in which a condition was diagnosed.

While medical records are an important form of evidence for a VA disability claim, they aren’t the only type of evidence that can be submitted for a claim. Administration records are another form of evidence. Most Veterans who served will confirm that the military keeps track of their every move. Some will say, in a hyperbolic fashion, that the military even keeps track of their sneezes. While this sentiment is meant to be humorous, it shows how aware military personnel are of their administrative records. The military keeping such a watchful eye on individuals can help establish where they were when a condition occurred. This, too, is evidence, and can help prove that a Veteran was in an area in which Agent Orange was sprayed, for example. The legal team at Jan Dils, Attorneys at Law has used this type of evidence in countless cases to verify an individual’s location during the Vietnam War and succeeded in getting them the benefits they deserve. The use of administrative records as evidence does not stop there. Sometimes the VA will argue that an injury is not related to a Veteran’s time in service. If this occurs, a Veteran’s administrative records may verify that an injury occurred while serving. Also, if he or she has military medical records to confirm this claim, they too can be used as evidence.

Statements in support of the claim are a final example of evidence. The layman may refer to this type of evidence as a “buddy statement.” Essentially, a buddy statement is simply a witness statement claiming that a Veteran had an injury in service, or that someone witnessed the injury occur. For example, the Veteran who is filing the claim states that he or she was injured due to a rocket-propelled grenade attack. He or she states that their head injuries are a direct result of this blast. However, his or her administrative records are not able to confirm this claim because it happened in the middle of combat. This Veteran can turn to his or her fellow Veterans who served alongside for a statement. Their statement can be used as evidence to prove that the blast occurred, and possibly caused the head injury. These statements may also be provided by non-Veterans, too.

There are other types of evidence that can be used for a VA Disability Claim, but the examples covered here are the most common. Veterans reading this post need not fear the terminology used by the VA. They likely have more than enough evidence to prove their claims. Sometimes they just need a little help to find it. For this reason and more, many Veterans turn to the team at Jan Dils, Attorneys at Law. Since 2008, we’ve helped thousands of Veterans get the disability benefits they deserve.

Socrates also said, “Every action has its pleasures and its prices.” This can apply to calling Jan Dils, Attorneys at Law for a VA Disability Claim Consultation. The pleasure involves learning about the services they provide and possibly gaining peace of mind for your case. The price, though, is free. Just call 1-877-526-3457. If you don’t have time to talk currently, fill out this form and a member of the team can contact you at a better time.

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What Are The Basic Requirements to Receive VA Disability Benefits?

It’s hard to believe, but this blog is about to turn 6 years old! Thousands of people now read our content every month, and we’ve covered hundreds of topics. But,  with new readers joining us each month, we thought it would be a good idea to review some of the basics.

With that in mind,  what are some of the minimum requirements for a Veteran to receive VA Disability Compensation?

In order to receive VA Disability Compensation, the person applying must be a Veteran. That may seem obvious to most, but it’s not as black and white as it may seem. The reason? Not everyone who served in the military can be considered a Veteran. So who exactly is a Veteran? VA’s website offers the following explanation:

A Veteran is a person who served in active military, naval, or air service, and did not receive a dishonorable discharge. The latter part of this condition is met if you received a general, medical, or entry-level discharge. If you received any other type of discharge, the VA must determine that your discharge was other than dishonorable.

One situation that can cause confusion pertains to individuals who receive an Other Than Honorable discharge. VA states the following about OTH discharges:

Generally, in order to receive VA benefits and services, the Veteran’s character of discharge or service must be under other than dishonorable conditions (e.g., honorable, under honorable conditions, general).  However, individuals receiving undesirable, bad conduct, and other types of dishonorable discharges may qualify for VA benefits depending on a determination made by VA.

So, a person has to be a Veteran to get VA Disability. But that is not the only requirement. A person pursuing a VA Disability claim must also have a disability, and that disability must be the result of time served in the military. The VA makes this point a little clearer:

Disability compensation is a monthly tax-free benefit paid to Veterans who are at least 10% disabled because of injuries or diseases that were incurred in or aggravated during active duty, active duty for training, or inactive duty training. A disability can apply to physical conditions, such as a chronic knee condition, as well as mental health conditions, such as post-traumatic stress disorder (PTSD).

Besides Veteran status and a disability related to military service, a VA disability claim must be for a chronic condition. For instance, a knee condition can only be pursued if the condition is currently an issue. So, if a Veteran had a condition for his or her knee in service, but ten years later he or she does not have residual issues because of that condition, their claim will not be approved.

If one meets these basic requirements, they are then eligible for VA Disability Compensation. However, getting to that point can be a long road filled with a lot of confusing detours. For help navigating that road, call the VA Disability team from Jan Dils, Attorneys at Law at 1-877-526-3457 for a Free Consultation. If you’d like to be called at a later time, fill out this form now and a member of our team can call you at a better time.

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