Introduction to Veteran Claims
Joseph Siegel is an Accredited VA Claims Agent; which is different from a Veteran Service Officer (VSO) that works for an agency (VFW, DAV, VVA, and others). Most of those agencies are receiving federal grants to accept every claimant that walks in the door.
Private attorneys and claims agents are not receiving federal grants; therefore every case must be analyzed and evaluated to determine whether or not to accept representation; which is why a consultation is necessary.
If at the conclusion of the consultation, you decide to apply for benefits, I will do so at no charge unless there are extra-ordinary expenses incurred, such as long distance travel, etc.
Appeals will be discussed under separate cover.
The following is important information in order to succeed in a VA Disability Claim.
First, there must be competent medical evidence of a current disability;
Second, there must be an incurrence or aggravation of the condition while
On active duty;
Third, there must be a nexus or link from the incident or occurrence to the
Disability in question.
While the links among the three evidentiary points may seem casual in nature, the
presence of all three of the above, is mandatory for a claim to be successful.
The military records and the medical evidence you provide, can prove the service connection/nexus of a particular disabling condition to the Veteran's service. This is accomplished by showing that the:
1. Condition began during service, and that is called incurrence; or
2. That a pre-existing condition was made permanently worse than it
would have otherwise been, and that is called aggravation; or
3. The application of certain statutory presumption
The two-step process for every VA benefit is:
1. The Claimant must establish “eligibility” for the VA benefit. Eligibility
refers to a Veteran’s general qualification for the benefit.
2. The Claimant must establish “entitlement” to a particular benefit.
Entitlement relates to the qualification of the Claimant, who is either a Veteran,
dependent of a Veteran, or survivor of a Veteran, for a particular benefit, assuming
that the basic eligibility has been established.
Failure to Meet the Eligibility Criteria
The claim cannot be filed or appealed if the Veteran’s service does not pass the eligibility criteria:
· lack of eligibility due to not having qualifying service;
· character of discharge disqualifies the Claimant from the benefit; or
· a statutory bar
Statutory Bars
Was a conscientious objector who refused to perform military duty, wear the
uniform, or comply with lawful order of competent military authorities;
· Had a sentence in general courts-martial;
· Resigned as an officer for the good of the service;
· Was a deserter; or
· As an alien during a period of hostilities, where it is affirmatively shown that
the former service member requested his or her release (38 CFR 3.12 (c)).
What I expect from Veterans that I represent.
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Follow my instructions carefully, respond to my questions honestly
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Make and keep all medical appointments necessary to successfully process the claim
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Make and keep all VA appointments scheduled
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Attend all C&P exams the VA requires.
If you fail to do so, I will withdraw from representing you.