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Understanding Veterans’ Disability Law

For those who have served our country in the Armed Forces, Congress has passed laws that provide for extensive medical and disability benefits. Congress wrote these laws to be  “veteran-friendly.”  Unfortunately, the Department of Veterans’ Affairs does not always interpret these laws in favor of the veteran.

Click to listen to Brian Hill speak about veterans disability law and VA claims lawyers.

Types of VA Benefits

There are two basic types of benefits available through the Department of Veterans’ Affairs.  These are VA disability benefits and health benefits.

Veterans may be entitled to two different types of disability payments. These are service connected disability compensation benefits and non-service connected pension benefits.

VA service connected disability compensation benefits are monthly payments made to veterans, and, in some cases, their families. The veteran is entitled to compensation when he can show that this disability is related to an injury or event in service.  The disability payments, known as the disability rating are based on the degree of the current disability. A veteran does not have to be completely disabled to receive compensation benefits.

For servicemen who served in a period of war, the VA law allows non-service connected pension benefit, regardless of whether the disability was service connected.  This benefit is income and asset tested and only applies to those wartime veterans who do not have significant income and assets and are completely disabled.

Widows and widowers of deceased veterans may also be entitled to payments based on a disability of their spouse.  The VA law provides for a monthly payment, known as DIC benefits, where a service connected condition contributed to the death of the veteran or where the veteran was totally disabled because of a service connected condition for a certain period of time before the death.

Making a Claim For VA Compensation

Congress designed the veterans’ claim process to be veterans’ friendly.  As President Lincoln said the purpose of the Department of Veterans’ Affairs is “to care for him who shall have borne the battle and for his widow, and his orphan.” There is no time limit on when a claim can be brought.  Congress recognized that, sometimes, an event that occurred in service may take many years to cause a disability.  In these cases, the veteran is entitled to bring a claim no matter how long it has been since he got out of the service.

Just as important, a veteran has the right to reopen a claim that has already been denied by the Department of Veterans’ Affairs.  In order to get another chance at proving his claim, all the veteran needs to do is produce new and material evidence showing that his claim should be granted.

Retroactive Awards for Veterans Disability Claims

If you receive a favorable award from the VA, you should read the Rating Decision closely.  You want to read what evidence the VA used to determine your rating.  It is imperative to make sure that you received all the benefits to which you are entitled.  Specifically, you should closely scrutinize these parts of the Rating Decision:  the award of service connection, the degree of disability granted, and the effective date of the award.

As VA disability lawyers, we routinely see veterans win the battle of service connection only to lose the war of getting the proper compensation.  What this means is that service connection is the acknowledgment by the VA that your disability is related to service.  A lot of times the VA grants service connection and low balls the rating.  The differences in the percentages for the ratings vary greatly from $100 to $3000.  It is important to make sure that the rating VA assigned is the proper one.  A good VA claim lawyer is going to review the VA’s C&P exams against the veteran’s own evidence to make sure that the full award is given.  A lot of times this careful review results in an appeal to get the proper benefits.

Another common mistake is not to fully investigate the effective date.  VA disability lawyers are going to look back at all your previous claims in the C file and determine if there is a way to take the benefits back further than the date of the current claim.  In some cases, your award may have an effective date that could go back for decades.  When this happens, the VA is required to pay you all of the benefits you would have received over the years.  This could result in a very large award of money.

Why Hire a Veterans Disability Lawyer

Veteran’s Disability Law is an extremely complex area of law.  Prior to 2006, veterans were not allowed to hire VA disability lawyers to represent them in the Regional Office and the BVA.  This law was changed in 2006 with the recognition by Congress that veterans should have the right to hire VA claim lawyers in this very important area of law.  In veteran’s disability claims, a VA disability lawyer can help clarify the issues and ensure that the claim is properly supported by evidence so that the claim can be appealed, if necessary.   There are many VA disability lawyers so the question is how to select the proper one to represent you.

Selecting A Veterans Disability Lawyer To Fight For Your Claim

The decision to hire a VA claims lawyer to represent you for your VA disability compensation claim is an extremely important one.  If you are going to pay a VA disability lawyer then that lawyer must be able to do more for your claim than the free representation that you can get from a veteran service officer.  The VA claims lawyer must prove to you that they bring value added to your claim.  Once you sign a contract with a VA disability lawyer you cannot easily get out of it.

Here is a checklist that you should use in researching and interviewing a VA disability lawyer for your  claim:

  1. Does the lawyer have something more to show than just VA accreditation?
  2. Does the lawyer focus on VA claims?
  3. Have you spoken to the lawyer?
  4. What is the plan to win your benefits?
  5. Has this VA disability lawyer handled a claim like yours before?
  6. What is their success rate?

VA Disability Lawyer Checklist Before Hiring

    1. Does the lawyer have something more to show than just VA accreditation? Any lawyer who holds himself out as a VA claim lawyer has to be ‘accredited’ by the VA. Please understand to ‘gain accreditation’ means that the lawyer only had to watch a three-hour video. VA has thousands of regulations and rules. Three hours is not enough to even do an overview of these laws. Further, most VSOs have more rigorous training than this; VSOs do not charge for representation. If the lawyer holds out being ‘accredited’ as the only experience that he has in VA law that is a red flag. If this is all the experience and training the lawyer has that means that the lawyer will be using your case to get training. His errors could undermine your case. Your case is too important for that. You want a VA claims lawyer that has practiced in this area for, at least, several years. You want to see a resume that shows expertise in the field. You want to see a VA claims lawyer who is involved in the advocate community teaching others and writing papers or books on how to represent veterans.
    2. Does the lawyer focus on VA claims? VA disability law is complicated and requires constant training and studying of the law as it changes. If you see a law firm that shows it does five different areas of law this is a red flag. If you see the firm doing many areas of law then you want to look and see if there are VA disability lawyers in the firm that only practice VA law. If not, you are trusting your case to someone who does not specialize in this area. VA law is too complicated to practice on a part-time basis.
    3. Do not sign a contract before you speak with the lawyer. Your VA claim is important to you. It is personal. Hiring a VA claims lawyer is a big decision. Insist on speaking with the lawyer before signing the contract. You need to see what they can do to help you with your claim. A VA disability lawyer should have time before you sign a binding contract to tell you how he can help you with your claim. You are most likely to enter into a multi-year relationship with this person. You are entitled to interview him before signing anything. Remember, you are agreeing to pay this VA disability lawyer, make sure that you are going to get your money’s worth. Importantly, once you sign a contract with a lawyer that contract is irrevocable. If you fire that lawyer then the lawyer can still demand his fee from your retro benefits. This right would deter any other VA claims lawyers from representing you. Bottom line: if the lawyer doesn’t have time to speak with you before you agree to hire him do not hire him.
    4. What is the plan to win your benefits? An experienced VA disability lawyer will tell you about his plan to win your benefits. Now this plan will most likely be general in nature because, as any good VA claims lawyer knows, there is a lot of information to gather before a definitive plan is in place. This detailed plan would involve getting medical records, service records and previous decisions, all of which is found in a veteran’s C file. For a review of your latest decision, coupled with a detailed talk with you should allow the VA claim lawyer to understand what evidence might be missing and, at least, a goal for the benefits you should be getting.
    5. Has this VA disability lawyer handled a claim like yours before? Every claim is different and unique to that veteran. However, there are broad areas of claims—mental health, TBI, orthopedic, exposure cases—that experienced VA claims lawyers deal with. Make sure to ask if the VA disability lawyer has handled a case similar to yours before.
    6. Finally, ask the VA disability lawyer about their record of success. You want a lawyer that has an excellent record. At Hill & Ponton, if we determine that we can win a case then we are successful over 90% of the time. Granted, there are times when we get a case and we just don’t have the facts to prove it but any experienced VA claims lawyer should have a very high success record.
  • Selecting a lawyer

Testimonials

"I felt human again"
For all you Vietnam vets, listen up. Hill and Ponton are there for you. They specialize in disability compensation and after over 5 yrs of dealing with the VA, Hill and Ponton got the VA to respond in 6 months. I went from 30% to 100%. I know the VA …
Ronald Barnes Sr. (Jan 2019)
"You can not do better than these folks at Hill & Ponton"
Listen to me, when I tell you that Carol Ponton and her team is the best. For over 45 years I struggled to get the VA to just look at the facts. Well Carol and crew gathered the facts, even when it was at their expense for outside doctors, they made …
Gordon Smith Vietnam Combat Veteran (Nov 2018)
"This is such a welcome relief"
Thank you, Mary.  This is such a welcome relief.  I truly appreciate all your efforts and that of Attorney Mark and those who assisted.  Thank you all. Bless you all for the service you provide.
Deborah Lewis (Oct 2018)
Singlehandedly, the best book written about PTSD and the VA
Your PTSD book is, singlehandedly, the best book written on what to expect and how to successfully file claims with the Department of Veterans Affairs. These books are tremendous at mapping out the process and breaking down criterium for disabilitie…
Kyle Lejeune (Aug 2018)
Highly recommend
I’d like to thank you & the staff of hill & ponton for helping me win my disability case. I appreciate everything you & the staff have done. I would highly recommend hill & ponton to anyone. Thank you so much.
Patricia Nappi (Aug 2018)
Thank you Hill & Ponton!!!
Thank you to the staff and Attorney Shelly Mark, of Hill & Ponton, for the exceptional handling of my Social Security claim. Paralegal, Kimberly Croussore, was extremely patient, professional, and promptly answered all my questions and concerns du…
Darcy Wigfall (June 2018)
Don’t go it alone
I just wanted to let you know how much my wife and I have appreciated your professional guidance through this very complicated ordeal of filing my claim with the V.A. Honestly, there were times during this process that I felt like giving up; howev…
R. Hiers (May 2018)
My case was very important to them
I would like to thank Mary Ersland, who handle my case for disability. She was very professional and was always there to answer my questions by email or by calling me. I would recommend Hill and Ponton to anyone who is looking to file for disability.…
Michael Nappi (May 2018)
Very Helpful
Very helpful with case. Communicative and willing to answer all questions.
Christopher Marrow (Mar 2018)
Top Notch Professional
From day one Mr. Hill and his staff made me feel that I was not just a number, but a person they could help. The professionalism that he and his staff showed was beyond excellent. They made it a point to keep me updated so I always knew what the stat…
Gene (May 2018)
"Exceeded all my expectations"
My VA Settlement, as a result of your handling of my case, exceeded all my expectations. I have told the people at Lecanto VA office of my success. I have also told friends that are veterans your name and I am sure it will be passed on. My contact w…
Roger Rupp (Mar 2018)
"They liberated us from hopelessness by delivering results"
My father served as an Army Medic and a member of the 82nd Airborne during World War II. Like many of his fellow brothers who served, he carried the memories, scars, and shadows of his war experiences in silence. Up until two years ago, he had never …
Trish Poe (Mar 2018)
"Thank you Hill and Ponton!"
Hill and Ponton is a very professional, diligent law firm! They have been very patient with me and have helped me so much in getting the benefits I deserve! Sara Hill and her colleagues are very well educated and knowledgeable when dealing with the V…
Allen N. (Mar 2018)
"I highly recommend that you retain the law firm of Hill and Ponton"
To All Concerned veteran’s who are seeking compensation for any and all problems relating to your service I highly recommend that you retain the law firm of Hill and Ponton. I can personally attest to the help and guidance they provided me with my cl…
George H. (Mar 2018)
"What they did do, is get me a 100% rating"

If only I had listened to my wife 20 plus years ago.

I was in Ubon, Thailand in the late ’60’s. I worked on the flight line and lived right on the base perimeter. I was diagnosed with diabetics on a Wednesday and Heart disease on the following Frida…

Gary Hirt (Jan 2018)

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Featured Posts

  • Video Blog – Buddy Statements for Service ConnectionJuly 27, 2018 - 4:15 pm
  • Video Blog – How to Make Buddy StatementsJuly 13, 2018 - 4:07 pm
  • VA Changes Appeals System; Is YOUR Claim Ready?June 19, 2018 - 2:35 pm
  • VA Disability Benefits – Back to BasicsApril 19, 2018 - 4:57 pm
  • How Can I Get VA Disability Benefits If My Discharge Is Not Honorable?April 5, 2018 - 12:31 pm
  • I Filed a Claim for TDIU – Can I Still Work?November 14, 2017 - 4:02 pm

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Mail Processing Center: P.O. Box 449, Deland, FL 32721

Orlando, FL: 605 E. Robinson Street Suite 635, Orlando, FL 32801
Deland, FL: 1607 South State Road 15A Suite 12 Deland, FL 32720

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Melbourne, FL: 100 Rialto Place, Suite 700 Melbourne, FL 32901
Washington, D.C.: 1776 I Street, NW, 9th Floor, Washington, D.C 20006
Houston, TX: 2925 Richmond Ave, 12th Floor, Houston, TX 77098
Los Angeles, CA: 10880 Wilshire Blvd., Ste 1101, Los Angeles, CA 90025
San Jose, CA: 2880 Zanker Road, Ste. 203, San Jose, CA 95134
Phoenix, AZ: One Renaissance Tower, Two North Center Avenue, 18th & 19th Floor, Phoenix, AZ  85004
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Cleveland, OH: 600 Superior Ave. East, Fifth Third Building, Suite 1300, Cleveland, OH, 44114
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Portland, OR: 650 N. E. Holladay Street, Suite 1600, Portland, OR, 97232
Philadelphia, PA: 1 International Plaza, Suite 550, Philadelphia, PA, 19113
Pittsburgh, PA: 201 Penn Center Boulevard, Suite 400, Pittsburgh, PA, 15235
Charleston, SC: 4000 S. Faber Place Drive, Suite 300, Charleston, SC, 29405
Richmond, VA: 7400 Beaufont Springs Drive, Suite 300, Richmond, VA, 23225
Seattle, WA: 801 Second Avenue Seattle, Suite 800, Seattle, WA, 98104

Featured Posts

  • Video Blog – Buddy Statements for Service ConnectionJuly 27, 2018 - 4:15 pm
  • Video Blog – How to Make Buddy StatementsJuly 13, 2018 - 4:07 pm
  • VA Changes Appeals System; Is YOUR Claim Ready?June 19, 2018 - 2:35 pm
  • VA Disability Benefits – Back to BasicsApril 19, 2018 - 4:57 pm
  • How Can I Get VA Disability Benefits If My Discharge Is Not Honorable?April 5, 2018 - 12:31 pm
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Let us focus on your claim; you focus on your health. Your claim is too important to go at it alone and it’s difficult to trust that the VA will do the right thing on their own.

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  • If you have already submitted your email address please use the Contact Us form to reach out to us or call us at 1-888-477-2363. https://www.hillandponton.com/contact/
  • Please select the claim type pertaining to your service.

Ships Included In Possible Upcoming Compensation

Don’t see your ship on the list? Click the red button below to contact us.

In this section, you’ll see we have them broken down into two primary categories:

  1. Vessels that operated primarily or exclusively on the inland waterways
  2. Vessels that operated temporarily on Vietnam’s inland waterways or docked to the shore

Throughout both of these you’ll find individual ships named.

Vessels that operated primarily or exclusively on the inland waterways

  • All vessels of Inshore Fire Support [IFS] Division 93
  • All vessels with the designation LST [Landing Ship, Tank]
  • All vessels with the designation LCVP [Landing Craft, Vehicle, Personnel]
  • All vessels with the designation PCF [Patrol Craft, Fast], also called Swift Boats
  • All vessels with the designation PBR [Patrol Boat, River], also called River Patrol Boats
  • All U.S. Coast Guard Cutters with hull designation WPB and WHEC

USS Antelope (PG-86)
USS Asheville (PG-84) patrol gunboat
USS Askari (ARL-30)
USS Ault (DD-698) (User-Added)
USS Belle Grove (LSD-2)
USS Benewah (APB-35)
USS Bexar (APA-237)
USS Brule (AKL-28)
USS Canon PG-90)
USS Carronade (IFS 1)
USS Clarion River (LSMR 409)
USS Colleton (APB-36)
USS Comstock (LSD-45)
USS Crockett (PG-88)
USS Elkhorn (AOG-7) (User-Added)
USS Fox (DLG 33)
USS Francis River (LSMR 525)
USS Gallo (PG-85)
USS Genesee (AOG-8)
USS Indra (ARL-37)
USS Kishwaukee AOG-9
USS Krishna (ARL-38)
USS Lowe (DE-325) (User-Added)
USS Marathon (PG-89)
USS Mark (AKL-12) [light cargo ship]
USS Mercer (APB-39)
USS Montrose (APA-212) [attack transport]
USS Nueces (APB-40)
USS Noxubee (AOG-56)
USS Okanogan (APA-210)
USS Patapsco (AOG-1) [gasoline tanker]
USS Ready (PG-87)
USS Satyr (ARL-23) [repair ship]
USS Sphinx (ARL-24)
USS Tombigbee (AOG-11)
USS Tortuga (LSD-261)
USS Tutuila (ARG-4) [repair ship]
USS White River (LSMR 536)
USS Winnemucca (YTS-785)

Barracks Barge (APL-26)
Barracks Barge (APL-30)

Floating Base Platform (YRBM-17)
Floating Base Platform (YRBM-20)

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Vessels that operated temporarily on Vietnam’s inland waterways or docked to the shore

USS Basilone (DD-824)
USS Black (DD-666)
USS Buck (DD-761)
USS Bolster (ARS-38)
USS Boxer (LPH-4)
USS Card (ACV-11)
USS Carter Hall (LSD-31)
USS Canberra (CAG-2)
USS Cleveland (LPD-7)
USS Conway (DD-507)
USS Dubuque (LPD-8)
USS Duluth (LPD-6)
USS Dyess (DD-880)
USS Epperson (DD-719)
USS Fiske (DD-842)
USS Hamner (DD-718)
USS Henrico (APA-45)
USS Ingersoll (DD-652)
USS John W. Thomason (DD-760)
USS Joseph Strauss (DDG-161)
USS Mahan (DLG-11)
USS Mansfield (DD-728)
USS Maury (AGS-16)
USS Montrose (APA-212)
USS Newell (DER-322)
USS Niagara Falls (AFS-3)
USS Okanogan (APA-220)
USS Orleck (DD-886)
USS Perkins (DD-877)
USS Picking (DD-685)
USS Preston (DD-795)
USS Providence (CLG-6)
USS Richard E. Kraus (DD-849)
USS Southerland (DD-743)
USS Sproston (DD-577)
USS Talladega (APA-208)
USS Warrington (DD-843)
USS Waddell (DDG-241)

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