The Department of Veterans Affairs
While serving on active duty in the United States military, you entered into a contract that entitles you to benefits in the case you become disabled during your military service. The Department of Veterans Affairs (VA) is supposed to pay for you loss of health or earning ability with disability benefits in order to repay you for your sacrifice. This federal system of hospitals, claims offices and Vet Centers is intended to honor this contract with those who sacrificed for the Nation. When you apply for VA disability benefits (or “comp”), the VA determines your degree of service connected disability and will then pay you on a set monthly basis. In some cases even if you are not service connected, you are still eligible for “pension” if you are disabled for non service-connected reasons if you served during a period of wartime - even if you did not actually serve in the combat zone.
Filing a Compensation Claim with the VA
First, we would like to encourage you to visit your local veterans service organization (VFW, American Legion, etc.) for a review of your military records and assistance in filing your initial compensation or pension claim.
Here are a few websites to get you started:
STEP ONE:
File the required VA forms by visiting http://www.va.gov/ , the VA’s online application system, or by printing out and completing a paper application for compensation. The local VA Regional Office will send you other forms and documents needed to complete your claim. Once all information is received and reviewed, the VA will send you a “Ratings Decision.” This will tell you whether or not the VA approved your claim.
STEP TWO:
If the VA denies you any benefits, or if the benefit rating you receive is not as much as you deserve, you can appeal the Ratings Decision by filing a “Notice of Disagreement” (NOD) within one year of the Ratings Decision’s date. The NOD does not have to be in any particular format or form, but must be in writing. After filing the NOD, the regional VA office will send you a Statement of the Case, which will explain their reasons (including rules and statutes) why your claim was denied. Once you file your Notice of Disagreement, you may obtain a Certified Claims Agent to fight for your case.
The VA will use legal professionals to decide your claims from this point forward. Now is the time to level the playing field with a legal professional on your side.
NOW IS THE TIME TO CALL GARRETT LAW!!!
STEP THREE:
You can appeal to the Board of Veterans Appeals (BVA). It is important to file your appeal within 60 days of the Statement of Case’s date, or within 100 days of the Ratings Decision’s date (whichever is later).
STEP FOUR:
If your claim has still not been approved, you may file an appeal before the United States Court of Appeals for Veterans’ Claims. This appeal must be filed with the court within 120 days of the BVA’s decision.
Why should I hire a Certified Claims Agent?
The average service organization (VFW or American Legion) representative has over 1,000 claims . An agent on the other hand will only take the number of veterans claims the firm can provide competent and expert legal assistance to at any particular time. Unlike the Regional Office that is supposed to help you prove your claim, the Board of Veterans Appeals (BVA) and the U.S. Court of Appeals for Veterans Claims (CAVC) are adversarial to your case.
The VA legal staff fights to deny your claim. We want to fight for YOU, the veteran, to win your claim and get your needed benefits.
When can I hire a Certified Agent
A veteran may hire an agent at any point in the appeal process after a claim has been denied by the VA and a Notice of Disagreement is filed by the claimant. It is important to remember that you must file the NOD within one year after receiving your denial.
What will it cost me?
An agent or attorney cannot charge a fee for representing a disabled Veteran unless approved by the VA or Court of Appeals for Veterans Claims. A contingency fee means no fee is owed if benefits are not awarded. The VA may withhold 20% of past due benefits for the agent in disability cases. The claimant is expected to pay the attorney 20% if the VA fails to withhold benefits.
Veterans Representing Veterans!
Garret Law Office, P.C. is committed to America and our Veterans that have given so much! Our firm employs veterans from each branch of the military, making up more than 10% of the firm. Please call us and let us serve you!
Who will fight for me?
The firm’s principle veterans claims agent is Jeromy G. Walsh. As an eleven year veteran of the United States Air Force with two tours to the Middle-East, Jeromy understands the issues a service member goes through. What separates Jeromy from any lawyer that may assist veterans, is that he ONLY represents veterans in matters concerning the Department Veterans Affairs.
Education:
- Associates Degree - Airway Science
- Associates Degree - Paralegal Studies
- Bachelors of Science - Leadership
- Veterans Claims Agent Certification