Stateside Legal

Jim, I was told in a letter I didn't qualify for a VA pension because I started receiving Social Security Disability four months later. I was homeless at the time. I was applying for VA disability around the same time. So I thought. Not sure why I didn't qualify at 55%. I am a Vietnam veteran. I have seen from searches that you can collect both SS and VA disability. Is that correct? If I was diagnosed at 55 % how come I was not given disability? I am still confused today. Thank you for any and all advice:more...

Jim, I have had a knee replacement, service connected from the VA. I had 100% disability. Recently, I got the letter stating it will go down to 30%. I am in the process of sending my NOD. My question is, can I apply for the UI? I am 53 years old and have made attempts to look for work, however, even the local supermarket won't hire someone who hasn't worked in 3 years. What would be my first step in applying for UI? Form 21-8940 or 21-4140-1? more...

Hi Jim, My husband retired 20 year's from the Army. While in the army he broke his wrist now he has arteritis in that wrist and over the past 5 years he is losing mobility in the wrist. Va Rep was not very helpful. So question is what is it we need to do to get a rating review, step by step instruction would really help. Thank up you for any assistance you can give. Vet and wife of a Vet Reply, If you'll explore the pages at VAWatchdog, you'll find many step by step instructions for how to file a claim. There are also many templates provided to help veterans write letters to VA and a lot more. To have a well grounded claim requires that there be an event in service that can be verified and then a confirmed medical diagnosis of a disabling condition that is related to the in service event. If your veteran has proof he broke a wrist during his military service, he has satisfied the first step. Then things become more challenging. He must have evidence that there is an arthritic condition. That means a confirmed diagnosis by a physician. Then he must have a statement from a physician that the current condition is more likely than not caused by the in service event and not just a product of getting older. Finally, the condition must be disabling. In the wrist or other joints, a lack of a normal range of motion is how that is defined. You can find the criteria VA uses here http://www.benefits.va.gov/warms/bookc.asp We promote the Do It Yourself approach to filing VA disability claims. You'll find all you need to file a claim in the pages of the VAWatchdog blog. Any veteran who believes that he or she was harmed by military service is allowed to file a claim. Every vet who files a claim must be aware of the rules and regulations that VA will use to adjudicate the claim. Vets who file claims should also be aware that the process is now taking about 2 years to answer even the simplest claims. Finally, in the case of your husband, if he receives retirement pay, even if he is awarded a disability benefit by VA, that benefit amount may be offset by a deduction from his retirement pay. That can be a complex issue. You may read more about that here http://www.benefits.va.gov/WARMS/docs/admin21/m21_1/mr/part3/subptv/ch05... more...