The Veterans Administration is divided into three branches: the Veterans Benefits Administration, the Veterans Health Administration and the Veterans Cemetery Administration. Moellring & Ambler focuses on the Veterans Benefits Administration which provides compensation and pension benefits to veterans. Compensation is a benefit for disabilities caused by service. Pension is a benefit for totally disabled veterans with limited means.
Reviewing a Rating Decision
For a successful VA compensation claim, three elements are needed: 1) an event in service, 2) a current condition, and 3) a nexus between the event in service and the current condition. Normally, Veterans file initial claims on their own or seek the assistance of an accredited Veterans Service Officer. Our law practice focuses on reviewing veterans administration decisions and filing appeals for improperly rated conditions and decisions that deny benefits.
The VA appeals process is complicated. We help Veterans navigate the compensation benefits system and help veterans develop evidence to support their claims. Evidence includes medical treatment records, statements in support of claims from the veteran and others and independent medical opinions. Each piece of evidence serves to support or prove the three elements listed above that are needed for successful service connected benefits.
VA Appeal Options
Generally rating decision appeals must be filed within a year of a decision being issued, except for rare instances such as clear and unmistakable claims (CUE) or reconsideration requests under 38 CFR § 3.156(c). Currently there are three Decision Review Request options:
- Higher Level Review (HLR)
- Supplemental Claim
- Board Appeal (Notice of Disagreement)
If a Board appeal is denied, our office may appeal to the Court of Appeals for Veterans Claims.
Once a Veteran and attorney have entered into a formal representation agreement, the Moellring & Ambler team will help you manage your VA appeal deadlines. This includes working with your attorney and advocacy team to evaluate VA’s decisions, develop the best strategy and appeal option for each claim, obtain evidence and reevaluate the strategy after each new decision. Please keep in mind that while the Veteran has strict time limits for filing appeals, the VA is not bound by any timeframe in which to complete an appeal and issue a decision.
Types of Cases
Service connected disabilities are vast. Disabilities caused by military service are both mental and physical, partial and total. Our goal with every client is to maximize benefits.
The conditions for which we have fought for our Veterans to obtain service-connected compensation benefits are vast and include but are not limited to:
- Hearing loss and tinnitus
- PTSD
- TBI
- Sleep Apnea
- Lung conditions
- Thoracolumbar spine
- Cervical spine
- Upper extremity radiculopathy
- Lower extremity radiculopathy
- Diabetes mellitus
- Hypertension
- Heart Disease
- Rheumatoid Arthritis
- Sinusitis
- Rhinitis
- Meniere’s Disease
- Knee conditions
- Foot conditions
- Any orthopedic conditions
- Muscle conditions
- Cancers
- Individual unemployability
- Special monthly compensation.
Not only do we assist Veterans in getting service connected compensation benefits, we also ensure the VA granted a proper rating for each condition and that the award of benefits has the earliest possible effective date.
Our mission is to make sure our Veterans receive the maximum benefits to which they are entitled. This may include total disability based on individual unemployability due to service connected conditions or special monthly compensation for circumstances that warrant compensation above the 100% disability level.
We also assist eligible dependents, including spouses, to obtain Dependency & Indemnity Compensation (DIC), or monthly compensation benefits based on the Veteran’s cause of death and/or length of total disability.