Articles Tagged with VA Form 21-0958

gasmasks-twoThe 2010 Census offers unique insight to U.S. Veterans.  Over 835,000 Americans are Veterans who served during both Gulf War eras.  Almost 50,000 more American Veterans served in Vietnam era and both Gulf War eras.  This means the United States has almost 1 million Veterans potentially suffering from serious service-connected injuries.

If you are a Gulf War-era Veteran, how can you recognize a service-connected medical condition?  Among the most common types of service-connected health problems now suffered by Gulf War-era Veterans are: Continue reading

SmartIf the Department of Veterans Affairs (VA) denies your request for benefits, don’t be shocked.  If VA gives you a lower disability rating than you merit, don’t be shocked. Since 2014, in an effort to reduce its backlog of disability benefits claims, word is that VA is simply shoveling responses out the door.  Many are complete denials.  Some are just sloppy, giving you “something” (a low disability rating) in the hope you will be happy and go away.

When VA denies your request or offers a deceptively low rating, don’t be shocked: be smart!  Seek legal advice and promptly file a Notice of Disagreement (NOD). Continue reading

Bob Goss, founder of the Law Office of Robert B. Goss, P.C.

Bob Goss, founder of the Law Office of Robert B. Goss, P.C.

Robert B. Goss is a Veteran, attorney, and the founder of the Law Office of Robert B. Goss, P.C.  Bob, as he prefers to be called, started his law firm in response to the need he saw for a level playing field between Veterans and the government system intended to provide benefits to Veterans.  Recently, I had an opportunity to discuss with Bob some of his thoughts on how Veterans can be better served.  The following is Part II of a two-part conversation.

Eleanor Meltzer:  Bob, I know Veterans can contact you directly.  What recommendations do you have for Veterans who are struggling to obtain benefits?

Robert Goss:  “Don’t wait to contact me.”  I hope everyone reading this interview tells their active-duty friends the following: if you are just leaving the service, make the service give you a physical.  Once you leave service (and are now a Veteran), claim ALL your disabilities.  For instance, a paratrooper most likely is going to have orthopedic issues, tinnitus, hearing loss.  Depending on the individual, there may be other service-connected traumas such as PTSD and burn-pit related injuries.  FILE WITHIN THE 1ST YEAR after leaving the service.  Why?  Because then your benefits go back to the day after separation.  If a Veteran has been out longer than a year, they still need to file.  The sooner the better. Continue reading

gasmasks-twoThe 2010 Census offers unique insight to U.S. Veterans.  Over 835,000 Americans are Veterans who served during both Gulf War eras.  Almost 50,000 more American Veterans served in Vietnam era and both Gulf War eras.  Clearly, there is a large population of Veterans who likely have service-connected injuries which manifest themselves more painfully as time goes on.

If you are a Gulf War-era Veteran, would you recognize a service-connected medical condition?  Among the most common types of service-connected health problems now suffered by Gulf War-era Veterans are: Continue reading

493px-Pop_Haydn_the_Shell_Game_by_Billy_BaqueAlmost without exception, if you are still alive when the Department of Veterans Affairs (VA) responds to you initial claim for benefits, VA’s response will be a rejection.  This means you must – if you want the benefits you’ve earned – file a “Notice of Disagreement.”

Prior to March 24, 2015, it was a lot easier to file a “Notice of Disagreement” or NOD.  Now, VA requires use of a specific, fairly prejudicial form, the VA Form 21-0958.  The form is being challenged as illegal, but here are some tips for you in the meantime. Continue reading

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Has VA Really Reduced The Claims Backlog?

The Department of Veterans Affairs (VA) proudly advertises that the disability claims backlog is now under control.  Under Secretary for Benefits Alison Hickey has stated categorically that VA’s goal is to eliminate the claims backlog by the end of 2015 – “meaning all Veterans will receive timely and accurate decisions on their disability claims.”

How is this miracle possible?  The answer is, it’s not possible.  VA is not offering timely and accurate decisions on disability claims.  Here is how they are really addressing the claims backlog: Continue reading

Count to 10!

Count to 10!

1. Don’t Make a Claim.  Ever.  This is probably the most common way Veterans miss benefits to which they are entitled.  The Department of Veterans Affairs (VA) will not contact you with information about how to claim benefits.  No one will pass along your service information to VA.  The entire burden of asserting a claim and initiating the benefits process rests entirely on you.

The sad fact is that VA is not responsible for any disability you have – if you do not make a claim.  Bottom line?  No claim = no benefits.  Even worse, benefits only start counting from the time you file a claim!  So – waiting to file a claim for benefits only means you and your dependents will receive LESS.  You will not receive back pay worth millions if you wait 20 years to file your claim.  You’ll only have lost out on all those benefits. Continue reading

MIRACLES ROOMYou can’t always believe what you’re told.  Unfortunately, the Department of Veterans Affairs (VA) means business when it comes to telling you their new forms are mandatory.  And the form that is probably the most harmful is the one you might need the most: VA’s Notice of Disagreement (NOD) form, called VA Form 21-0958.

Why is this form so harmful?  First, because it is a trick.  It is designed to get you to eliminate most of the reasons you are challenging VA’s refusals.  Second, and even more insidious, the NOD form may not even be legal.  But right now, VA is forcing you to use it. Continue reading

No time like never!

No time like never!

The heartbreaking anniversary of 9/11 brings to mind a less well-known event that continues to impact Veterans.  Ever since the Veterans Claims Adjudication Commission (VCAC) issued its recommendations almost 20 years ago, the thought that Veterans should have less time – not more – to file claims and responses has been as evergreen as Texas cedar.  And just as much of a nuisance.

Veterans, be warned.  The Department of Veterans Affairs (VA) has already moved one step closer to reducing its backlog by breaking your back.  The VA continues to be busy figuring out ways to lighten its backlog of unexamined and pending claims by taking away rights and getting you to do their work.  One goodie they added this year is the so-called “Intention to File a Claim” form.   Continue reading

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