Veterans Day Tribute by Amy Kimball

I  am a proud daughter of a Vietnam Veteran. My father, David, served in the Navy and in the Air Force during Vietnam. He was a medic on the front lines and has told me many stories about the efforts and bravery of his fellow soldiers while in battle. My father is a Registered Nurse and was a healing hand during this war. He was in the Air Force Reserves in 1990 and also served in Desert Shield for 2 years. I am so proud of my father for his bravery and the many years he spent in service to our country. He retired as a Major in the Air Force and still works at a local hospital as the Director of Surgical Services.

My cousin’s husband is like a brother to me. He enlisted in the Army in 2007 and served in Afghanistan and in Iraq for 18 months. He worked hard to become an M-16 expert shooter and also received a medal for his efforts during his service in the Gulf War. He subsequently injured his back while riding in a convoy and now receives service connection for this disability. I am so proud of him for enlisting to want to make a difference in what has been an ongoing war for over 11 years. After he returned home he had surgery on his back and was medically discharged from the Army reserves. I am extremely proud of Chris and his journey. I truly believe that if he had not been injured, he would have made the military his career.

Both my father and Chris have such a special place in my heart. They make me proud to come to work every day and fight for the benefits the veterans deserve. They both enlisted and put aside their own safety for our country and its citizens. This is the bravest thing to me. War is scary. War is not easy. War can change a person forever. I am so thankful that my family has been a part of the efforts of our military in both of these wars. There are no words to say how proud it makes me to have these two men in my life and I appreciate them every day.

Amy Kimball

Veterans Day Tribute by Pamela Mullins

This Tribute is to honor, first and foremost,  all our veterans, as well as their family members, who have made sacrifices – either on the front line, or behind the scenes.

I have a great appreciation for our veterans & their families and the sacrifices they have made, based on firsthand knowledge of those sacrifices. I’ll call this piece,

Honor, Respect, Dedication and Collateral Damages.

A 16 year old young man, in high school, very athletic, very popular, and very patriotic, left the hallways of his safe, familiar high school and glories of the football field, to embark on a journey to support, protect, and defend not only his country’s rights & freedoms, but to take a stand for those in Europe who could not make that stand for themselves.  He made the decision to give up his personal life and entered WW II. This young man made it his life-long duty to serve, protect, and defend his country, and went on to fight in Vietnam Conflict and Korea as well. During his time in the military, he met & married a beautiful young woman, who understood his dedication, and respected and understood his commitment to his country. Somehow, during periods of leave, this man and woman managed to bring five children into the world he loved so much – five children, born in four different states. Together, even though apart for long periods of time, this man & woman instilled in their children to appreciate, respect, honor, and cherish the freedoms that were afforded to them through the sacrifices of the brave men and woman who gave so much of their lives to make sure all of these liberties remained a part of their world, and to always show respect for this country he, like so many others, fought to defend – no sacrifice was too great. 

 At the ripe old age of 42, this man retired from active duty, enlisted in the Reserves, and headed home to his wife and children to begin their life together – six months later, this husband, father, life-long defender of his country was dead – leaving behind a young wife and five small children ranging from 13 to five (5) years of age.  Devastation created by the death of their loved one was only the beginning of what would turn out to be years of living in poverty, hunger, and loneliness, but this military family never lost sight of the values their husband/father held dear. Even though it seemed that the Country he had given his life for had forsaken them, they continued to respect, defend, and cherish the lessons taught to them by a man that dedicated his entire life to this country. 

These children could have very easily taken a destructive path through life, but they held onto the lessons taught to them by a military man and his wife, and they went on to keep his values alive. The oldest child is a life-long coal miner, the second son a retired Veteran and State Trooper, the oldest daughter a housewife – who was also the second anchor for her siblings, the fourth daughter – touched by medical tragedies – became a client of our firm, and the youngest daughter is employed as a Hearing Clerk at Jan Dils.  

First and foremost, I hold GREAT respect, honor, and appreciation for the Veterans who defend our rights and freedoms, but I also think we need to remember those who are behind our Vets, the moms, dads, siblings, spouses and children who make sacrifices of their own – who by no fault of their own, become collateral damage. 

God Bless our Veterans and their families,

Pamela Mullins

What Happens After I File My Initial Disability Claim to the VA?

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One of the first things Veterans ask us when they become one of our clients is: “What happens when I submit my initial application to the VA?” This is a good question, and the answer is actually quite simple; you wait for the VA to make their initial decision. After you submit your initial application to the VA, also called a 21-526, the VA will render a decision, often referred to as a Ratings Decision, or RD for short. In this decision, you will find out if your claims have been granted, or denied. (The VA can also make other decisions, but these are the most common decisions.)

In your ratings decision, if you are granted, you will likely also receive a service connected percentage. This can be anywhere from 0% to 100% depending upon your claims, the severity of the disability, and the number of claims you have submitted. Also, if you did submit multiple claims, it’s possible to get favorable decision on some and not others. For instance, let’s say you claimed for PTSD, Tinnitus, and Hypertension. Your ratings decisions might state that you were granted 30% for PTSD, 10% for Tinnitus, but then deny you on the Hypertension. (Please note that this is a hypothetical scenario and that every claim and Veteran is different.)

If you get a ratings decision with a favorable decision, and a rating percentage that you are satisfied with, congratulations, you are done with the VA Disability Process. However, this is not often the case, and you need to submit an appeal to the VA. This is the point when so many Veterans turn to Jan Dils Attorneys at Law. Our experienced Attorneys and Staff have the knowledge to navigate you through the VA Disability Process. While we can’t speed up the process, give us a call, and learn all we have to offer: 1-877-526-3457

Can I File a Claim for Agent Orange Exposure?

At Jan Dils Attorneys at Law, we interact with a lot of Veterans who served during Vietnam, and want to file claims for Agent Orange Exposure. However, one of the biggest misconceptions is that we can file a “general” claim for exposure, but that is simply not the case. With Agent Orange, the VA releases a list of “presumptives” that are a result of Agent Orange Exposure.

The following is the VA policy for Agent Orange Exposure: “VA assumes that certain diseases are related to qualifying military service. These are called "presumptive diseases." VA has recognized certain cancers and other health problems as presumptive diseases related to exposure to Agent Orange or other herbicides during military service.”

In other words, in order to have a claim for Agent Orange, you must have a disease that is a presumptive of exposure. The official list of presumptive can be found here. In addition to a presumptive, a Veteran has to meet other requirements, such as serving in an area in which Agent Orange was used, in order to be granted a favorable decision.

This topic is very confusing to most. That is why so many Veterans turn to Jan Dils Attorneys at Law for help with Agent Orange cases. If you are interested in filing a claim for one of the presumptives, or if you need help with an appeal, give our office a call: 1-877-526-3457

Am I Eligible for VA Disability Compensation?

Yesterday I had a young man call me and say: “I don’t believe I qualify for VA Disability because I am only 26 years old.” I quickly informed him that this is not the case. At that time I decided to explain exactly what VA Disability Compensation is in detail. Eligible.

 I first informed the young man that his age did not matter for Disability Compensation. The first thing I had to determine was what type of discharge he had. In order to receive VA Disability Benefits, you must have received a discharge that was other than dishonorable. I also explained that an honorable discharge was not the only thing that would qualify him, but he also had to have some sort of disability that either occurred while in service, or was aggravated by his time in service.

 He informed me that he had an honorable discharge. At that time he also explained that he did serve in Iraq, and that he was suffering from PTSD. He explained that he did have a diagnosis by a doctor for it as well. I informed him that the diagnosis for PTSD was good, because without that, he would get denied. The young man then mentioned that he was also suffering from joint pain, and had some hearing loss. I explained to him that those are all things we may be able to service connect him for as long as there is evidence to support his claim. He then asked how we would get evidence to support his claim, and I explained that we would request his claim file from the VA, and research it to find evidence, and that we would also request any private care records from private doctors that he has seen since he had left service.

                Now that we had determined that he was eligible to apply for benefits, I had him fill out a 21-526, which is the VA form that all Veterans must fill out and send to the VA when applying for Disability Compensation. Without this form, the VA will not process his claim. Since this Veteran had decided to become a client of ours, we actually submitted it on his behalf. This is just one of the many things we do for our clients, and it takes some of the stress out of going through the VA Disability Claim process.

                The young Veteran then asked me what happens if he gets approved. I explained that if he is approved that he would be granted a percentage based on the severity of each injury. For instance, PTSD is something that he could be granted anywhere from 0-100%. I also informed him that hearing loss is something that he may not see any more than 10% on. I explained that it really depends upon what his records show, and what the VA decides. However, if he is granted, he would receive a monetary benefit each month that would coincide with whatever percentage he was granted. He would also receive back pay for his claims to. I informed him that back pay occurs from the time his claims were filed rather than when injuries occur.

                We understand how confusing this can be for anyone to go through alone. So many Veterans turn to Jan Dils Attorneys at Law because we have the knowledge, and the ability to navigate through the VA Disability Claims process. Our friendly staff is always willing to answer questions you may have about eligibility, so feel free to give us a call: 1-877-526-3457.

What is VA Disability Compensation?

A lot of Veterans have VA Disability claims pending, and are well versed in the Disability Claim process. However, if you are recently discharged, or if you have not applied before, you may not know what VA Disability Compensation is, or who is eligible to receive the benefit.

The VA defines Disability Compensation as the following:

Disability Compensation: A monetary benefit paid to Veterans who are disabled by an injury or illness that was incurred or aggravated during active military service. These disabilities are considered to be service-connected. Disability compensation varies with the degree of disability and the number of a Veteran's dependents, and is paid monthly. Veterans with certain severe disabilities may be eligible for additional special monthly compensation. The benefits are not subject to federal or state income tax. The payment of military retirement pay, disability severance pay and separation incentive payments known as SSB (Special Separation Benefits) and VSI (Voluntary Separation Incentives), and Combat-Related Special Compensation affect the amount of VA compensation paid to disabled Veterans. To be eligible, the service of the Veteran must have been terminated through separation or discharge under conditions other than dishonorable.

That definition is a little complicated. If you are interested in finding out more about VA Disability Compensation, feel free to give our office a call: 1-877-526-3457 One of our experienced staff members will be more than happy to help you determine if you are eligible. At Jan DIls Attorneys at Law, are dedicated to helping Veterans get the help they deserve.

What is an SOC?

In the legal process of VA Disability Compensation, you may hear the term “Statement of the Case,” and are probably wondering what that means. In your legal timeline, a Statement of the Case or SOC comes after your “Notice of Disagreement.” Once your Notice of Disagreement is filed through the VA, they will make a decision. (This will often occur several months later.) This decision is referred to as a Statement of the Case.

So, now we know when it comes, but we still have to decide what it is in regards to your claim for VA Disability Compensation. Essentially an SOC is a decision. However, this decision is a little more detailed than your initial decision you received from the VA. The SOC will explain in detail why you were denied for your disability. They will often quote specific statues, and use legal terms to explain why they denied your claim. It can be, and most often is, a very confusing form. They also tend to be quite lengthy.

Unlike an NOD, a Veteran only has sixty (60) days to file the next form of appeal, which is referred to as a VA form 9. The sixty days starts on the date on the SOC, not from the time a Veteran receives the document.

Interpreting an SOC can be difficult, that is why so many Veterans seek the legal help of attorneys like the ones at Jan Dils Attorney sat Law. We have the people, knowledge, and resources to help you get the benefits you deserve. For a free phone consultation, give us a call at 1-877-526-3457.