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winning a va claim

So the moment has arrived…after years of doing battle with the VA on your disability compensation claim, you got the award letter in the mail.

Here are 8 things to think about after winning a VA claim.

1) After Winning A VA Claim or Appeal, Be Sure to Safeguard Past-Due Benefits.

Many veterans find themselves with a substantial sum of past-due benefits – often ranging from tens to hundreds of thousands of dollars. Many veterans haven’t dealt with large sums of money before, and so they make a couple of mistakes.

First, they tell everyone how much money the VA paid them.

Second, they rush out and spend the money.

I advise my clients not to tell family and friends about the amount of past-due benefits unless they need to know to help render assistance.  Money causes tension – inside the family more than anywhere else.

Unless a family member is a caregiver or your spouse or your accountant, and needs to know how much money for some reason to help you, there’s no need to tell them.

Don’t make any major changes until you have consulted with TRUSTED financial planners.

For example, I don’t think there’s any  need to run out and immediately pay off the house until you’ve consulted with a financial planner and an accountant to make sure that is the smartest way to use that money.

Ultimately, however, I am NOT a financial planner so please don’t think I’m giving you financial advice – I am trying to open your mind to a bigger picture that folks aren’t often aware of.

Yes, your bills have been piling up, and you need to take care of those.

After that, set aside an emergency fund with some of the money, and set up a cushion of 2-3 months (my family shoots for a 6 month cushion)  of living expenses in case something really bad happens.

Consider putting the rest in an interest-bearing and low-risk account for 90 days while you talk to several financial planners and tax planners – you don’t need to spend gobs of money to do this – and get an idea what your options are.

There are a lot of folks that prey on people who have come into “new money” – most of them having to  do with some sort of insurance or pyramid marketing scheme.

Don’t fall for it.  Put your money in a secure savings vehicle, and let it cool while you figure out your options.

2) Be sure You are Signed Up For Direct Deposit from the VA.

Sign up for Direct Deposit through the VA – a form should be included in your award packet.

You can also sign up over the phone: call 800-827-1000 and wait for the prompts.  Or, go to eBenefits and sign up there, too.

Direct deposit ensures that you will get your benefits automatically deposited to your bank account, and you don’t have to worry about “lost checks” from the VA.

Remember, these clowns lose your paperwork all the time – don’t be surprised when they “lose” a paper check.

EVERY time the VA sends my law firm a paper check, they send it to an address I haven’t used since 2006.  The building is demolished.  It takes weeks to initiate the trace, then weeks to enter a “stop payment” order, then weeks for them to cut a new check.  The VA can’t process your paper claims – don’t trust them with paper checks.

3) Consider Whether You Should Enroll in VA Health Care.

If you were just granted service-connection, you are likely entitling to some degree of VA medical care.

Even if you don’t want to use the VA Medical Care, consider enrolling now.

It’s easier to do it now, for one thing.

Second, if some thing catastrophic happens, you want to have the option to get medical care through the VA instead of being charged $26.00 for an aspirin by a private hospital.

One time you might not want to enroll in VA Medical care is if you’d rather get treatment at a private doctor, and live in a state that opted into the Obamacare Medicaid Expansion – if you are enrolled in VA Medical care, you cannot get insurance through the Medicaid expansion. For folks that are scared to death of getting treated at the VA, this might be one time you DON’T want to enroll for VA Healthcare.

Did you know that if you have private insurance, and seek care at the VA Medical Center, in most cases, you can’t be “balance-billed” ?

The VA will submit the claim, and if your insurance only pays a portion of it, they can’t bill you for the difference.  I’m not saying you should do this – just letting you know it’s an option to consider.

4) Sign up for Additional Benefits after Winning A VA Claim.

There are additional benefits that you should start researching:  Vocational Rehab, Education Benefits, Life Insurance, Automobile and Housing Adaptation Grants for Mobility Access, and so on.

One of my biggest regrets was not taking advantage of the VA Voc Rehab program when I was in Law School.

Instead of getting VA assistance for things like paying for the Bar Exam, I am sitting on a mountain of law school debt.

5) Research State Benefits for Disabled Veterans.

Most, if not all, states have benefits for disabled Veterans.

‘The qualifications for State Veterans Benefits vary from state to state, but examples of benefits range from property tax reductions to free hunting licenses.

In Texas, for example, disabled Veterans can apply to their Tax Appraisal District from a reduction in their property tax based on the percentage of their disability.

6) Appeal for the correct Effective Date and/or Challenge the Impairment Rating.

Don’t forget to make sure that the VA granted the correct Impairment Rating and Effective Date.

In less than 5% of the cases I’ve seen, the VA has gotten the Effective Date correct.  If you aren’t sure, contact an attorney to do a claim review to see if the VA established the correct effective date.

Another area that the VA repeatedly messes up is Special Monthly Compensation (SMC) – it is one of the hardest areas of VA law to “get”, so I’m not too hard on the VA for messing it up.

However, SMC could add anywhere from $93 – $2000 or more dollars to your monthly benefits check — and increase the past-due amounts that the VA owes you.

7) File VA claims for increase.

Did your condition worsen while the claim was pending?

In theory, the impairment rating should be based on the most up-to-date medical records and assessments available.

However, the VA takes so long to issue a decision after a Compensation and Pension Exam that many conditions can worsen during that same time period.  File a claim for increase as soon as you believe your condition has worsened.

And don’t forget  – if you are hospitalized for your now service-connected condition, you might be eligible for a temporary total disability rating (100%).

8) Tell the Veterans Law Blog – I LOVE good news.

Seriously – whether the Veterans Law Blog helped you towards winning a VA Claim or not,  tell us!

I hear so many stories of bad experiences with the VA that I love to hear it when a Vet wins.

Post a note on our Facebook Page.

Better yet – give another Veteran hope:  tell your story here and (with your permission) I might interview you and publish it on the Veterans Law Blog.

Winning a VA Claim takes a lot of dedication, hard work, and a willingness to “go the extra mile” – whether you are represented by an attorney or doing it pro se.

Be sure to take a minute and savor the victory – they are hard to come by on Planet VA, and you should take a minute to bask in the victory.

12 Comments

  1. Gary

    Hi I won a Sarcoidosis case on appeal that has we on for over 21 years of tears.

    Reply
  2. Henderson

    Chris:
    Your VLB site has been a great VSO -+ in itself. Within the last month,
    and effective date retroactive; I have been granted 100% from 90%
    for IU and housebound ischemic conditions.

    What has helped, also probably assisted other veterans. That is : a morale boost while planning strategy and tactics utilizing medical
    evidence, solid nexus, and some lay evidence.

    The VLB gives fresh ideas, along with your videos and books.
    What really comes across in your honest, down-t0-earth presentations is hard facts based on cases and experience.

    It works-and thanks from a combat veteran.

    HRM

    Reply
    • Chris Attig

      Sir…I woke up this morning to read this message…CONGRATULATIONS!! I am so excited to see when a Veteran takes back the power with the VA, and gets their VA Claim done without having to prod a VSO to work or for over 20% to an attorney.

      Good on ya’, sir….no go and spread the word to other Vets that they have MORE POWER over the VA than they realize! 🙂

      Chris

      Reply
  3. topgrant

    Chris, thank you for your personal effort to fix my access problem to the blog. It worked! I really wanted to read the blog posted above.
    My claim goes back to December 2012 when I submitted my claim for an increase which was denied for everything except for the items already service connected. Like many vets, I thought my VSO was going to do the heavy lifting and I just needed to wait for the results. I submitted DBQs and all were denied by a VA contract obstetrician and Nurses Assistant. I came accross your web site, purchased all of the books and used the “Attig” method. NOD, DRO Hearing, Sworn Statements, Lay Statements, Nexus Medical Letters, and Medical Research. Nexus letters (2 per condition) were cross-referenced to the Medical Research. I drafted everything with different writing styles and encouraged endorsers to add/change as desired. Evidence was submitted in separate packets with my sworn cover statement/summary, fastened with 2 hole metal fasteners, by claimed medical condition. Bottom of every page sequentially numbered and coded in bold type per condition. Because the C file was very large and disorganized, my claim submission included all evidence regardless of what may have already been in the C file. Twenty additional conditions were service connected at 100% plus SMC. The decision has been made and the financial paperwork is pending. Chris, THANK YOU. Robert

    Reply
    • Chris Attig

      Robert,

      That is AMAZING!! This method works – I LOVE to hear when Veterans take back the power in their claim….and WIN. Without having to pay an attorney.

      I would love to tell more Veterans hear this story….can I share this post on our Facebook group? I won’t use your full name, if you’d prefer.

      Email me at support@veteranslawblog.org

      Glad we got that access fixed for you. I know you’ve been a strong supporter of the Veterans Law Blog, and I appreciate that!

      Chris

      Reply
  4. Brad Smith

    Hey Chris!

    Great post, as always. Everything you discussed is sound advice– “tried and true”. Your most perceptive counsel continues to be the hallmark that separates you from all of the other law firms and blogs out there. In fact, all of our esteemed service organizations could take inspiration from you.

    Thank you for all of your efforts!

    Reply
    • Chris Attig

      Brad,

      Thank you – its really nice to hear my writing and teaching is helping.

      You’ve been a long supporter of the Veterans Law Blog – thank you for making it possible for me to help MORE Veterans.

      Chris

      Reply
  5. Renelly smith

    Thank you for giving us good information to help veterans.

    Reply
    • Chris Attig

      You’re welcome! Please let me know any topics I should address, or ways that I could make the information better!

      Chris

      Reply
  6. cb

    Mr. Attig,

    Your information in you Sleep Apnea book “Put it to Rest! Your Sleep Apnea claim! was spot on. I used the on-line Fully Developed Claim process on VA e-benefits. Took 3 months for me o gather my information (sworn statement, IMO and lay evidence) before I submitted with the Sworn Declaration form. Once submitted it took less than a 100 days for grant of 50% SC. Thank you sir!

    Reply
  7. Sharese

    I just received my decision today. I was granted 100% for TDIU and SMC for housebound!

    Reply

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