Other disabling conditions

When to use a VSO, and when to hire an attorney

Jim,

I was awarded 20% bi-lateral chromdalamacia after bi-lateral surgery patellar tendon release in 1977. I didn't go to VA for a number of years after an initial visit in 1979 for continued problems with my knees, pain, swelling, popping, and instability. Fast forward 30 years, I again sought help from VA for my knees. Long story short, I recently received a shoulder replacement at the VA and am convalescing. I continue to have problems with both knees. At 60 years of age, I don’t foresee returning to my former occupations in manufacturing and construction. Should I bypass the local VSO and get an attorney? I know the information is sketchy at best, but any advice is appreciated!

 

Reply:

You aren't allowed to use an attorney unless and until you have been denied a benefit claim. Even then there are strict rules about attorney compensation and so on.

Please click https://www.vawatchdog.org/how-to-hire-a-veterans-law-attorney.html

I do not recommend using a VSO. There are no national standards nor certification for VSOs, almost anyone can call themselves a VSO without any credentials or certification. I recommend that each capable veteran DIY a claim...it really isn't hard to do. Then you're in control and you don't have to try to negotiate with a middleman.

I'll assume that your goal is to seek an increase to the 20% rating.

Please click https://www.vawatchdog.org/how-to-increase-an-existing-benefit--.html

To increase the rating to the knees will require that you complete a form.

https://www.vawatchdog.org/forms.html

Then you wait for the VA to process the claim...maybe as much as a year or more. There really isn't anything that you can do to speed it along other than to get started now.

My husband is rated 40% disabled...he wants to apply to increase his rating

Hi Jim,

 

Currently my husband is rated 40% disabled.  He has 10% for sinus, 20% for a back injury, and 10% for a seizure.

He has been retired for 15 years.  During the 15 years his sinus problems have increased to the point he recently had sinus surgery.  We were hoping this would clear up his problems but that doesn't seem to be the case.  So, he wants to apply to increase his disability rating for his sinuses.  You state on your website that he needs to write a letter to the VA regional office.  Isn't there an application to complete?  Also, if his rating is increased he will be at or over 50% disability.

Will he be eligible for concurrent receipt?

 

Reply:

I can't advise about the concurrent receipt. That can get complex and I don't know all the details of his service.

Click: http://www.dfas.mil/retiredmilitary/disability/crdp.html

If he had surgery for a service connected condition, he should have notified the VA at that time. He may have been eligible for a 100% recuperation allowance as he recovered.

He may still simply write a letter. That changes early next year and a form will be required then. I suggest using the form now.

 

Click: https://www.vawatchdog.org/how-to-increase-an-existing-benefit--.html

and

https://www.vawatchdog.org/forms.html