Archives for January 2017

VA Reexaminations – How To Protect Your Veterans Benefits

January 30, 2017 by

Once you have received your VA disability benefits, you are able to access the care and help you need without worries or stress about finances or other matters. It is for this reason why VA disability benefits are so essential to our disabled veterans. However, it’s essential to remember that your benefits might not be available forever, and the Veterans Affairs can reexamine your case. Based on the reexamination, and under certain circumstances, the VA can reduce or terminate your disability benefits.

How To Protect Your Veterans Benefits | Houston VA Attorney Herren Law

At Herren Law, we’ve come across many veterans in the Houston area who lost or experienced reduced disability benefits. In many cases, this has created havoc in their lives. If you or someone you know is facing a VA reexamination (or has lost or faced reduced benefits), then call Houston VA benefits attorney William Herren today.

In the meantime, you can find out how to protect your veterans benefits below.

Understanding the VA Reexamination Process

Reexaminations for veterans receiving disability benefits are covered under U.S. Law (Title 38, § 3.327). This law states:

“Reexaminations, including periods of hospital observation, will be requested whenever VA determines there is a need to verify either the continued existence or the current severity of a disability.”

In other words, if it is likely that your disability has improved, the VA may send a notification for reexamination. Remember, the VA is legally entitled to request reexaminations, and failure to follow the VA’s requests could result in the termination of your benefits.

Fortunately, you won’t get “surprised” with a reexamination, as the VA must send an advanced notice. After receiving this notice, you have 60 days to submit evidence proving that a reduction in benefits is not warranted. You have 30 days to request a hearing.

Scheduled Reexamination

Some injuries get better with time. Veterans receiving disability benefits for these types of injuries may have to undergo scheduled reexaminations. Generally, if you have a disability that may get better over time, the VA may schedule a reexamination within 2 to 5 years after you first started receiving benefits.

Change in Condition

The VA can also order a reexamination if there is new, material evidence showing a change in your condition. For instance, if you have a type of cancer and it goes into remission, then the VA may request a reexamination.

Fortunately, the VA may return your full benefits if your condition worsens again. When this occurs, you’ll need to write a letter to your VA regional office and provide medical evidence showing an increase in the severity of your condition.

Groups Who (Normally) Aren’t Called For Reexamination

If you are part of the following groups and you receive a notice for reexamination, there’s a chance that the VA made a mistake. In other words, eligible veterans who receive a notice should call the phone number on the letter they receive to explain why they think they shouldn’t have to go.

The types of veterans that the VA usually doesn’t call for reexamination include:

  • Veterans aged 55 and older
  • Veterans who have static disabilities, such as loss of a limb
  • Veterans who have a permanent disability resulting from a disease
  • Veterans who have the minimum rating for their disability

Protected Benefits

As part of most veterans’ disability benefits, there are Protected Benefits and Unprotected Benefits. Even if called for reexamination, it is very hard for the VA to reduce a veteran’s Protected Benefits. These benefits include:

  • Ratings in effect for 5 years or more
  • Ratings in effect for 30 years or more
  • 100% ratings

Unprotected Benefits

Your benefits can be reduced if the following circumstances are true:

  • If there is an actual improvement in disability
  • That improvement led to an increased ability to function in your life and work
  • The reexamination report is thoroughly detailed
  • The reexamination has reviewed your entire medical history

Call Veterans Disability Benefits Attorney Bill Herren

VA disability benefits law and practices can be complex, but by understanding this process, you can best protect your VA benefits. Nonetheless, whether you’ve been called for reexamination, or your reexamination led to a reduction or termination of benefits, one of the best protections available is a Houston TX VA disability attorney, like William Herren. At our law firm, we offer one thing: experience helping veterans just like you.

Moreover, we work on a contingency basis, meaning that you won’t pay a penny unless we win your case. For a free, no-obligation consultation with attorney William Herren, call our Houston law firm today at (713) 682-8194.

Filed Under: Veterans Disability Tagged With: , , , ,

Do I have to be unable to work to file a long-term disability claim?

January 27, 2017 by

Transcript:

Well, there are two definitions for long-term disability in the typical policy. The first definition for disability is “inability to do the job that was being done at the time the disability occurred.” Typically, that period of time is 24 months.

If the individual is disabled to the extent that he/she cannot do his/her job during that 24-month period, then he/she should be entitled to the long-term benefits for that period of time. However, after the 24-month period, typically the definition changes to “inability to do any work at all.” So, that’s a much harder standard to prove. Some individuals are disabled for 24 months but not disabled thereafter.

Filed Under: Uncategorized

Is a long-term disability award paid in a lump sum or over time? (Video)

January 20, 2017 by

Transcript:

Long-term disability benefits are payable monthly. The insurance company is allowed to pay the benefit every month; however, if there is a period of backpay because the insurance company has refused to pay, and then is later required to pay by court, then the period of backpay is paid in one lump sum.

However, the court cannot require the insurance company to pay future payments, future monthly payments, in advance. So, the best that the court can do for the individual is to require the insurance company to put him or her back on monthly payments. Now, sometimes when the claim is disputed by the insurance company and it has gone to court, sometimes the insurance company will want to settle the entire claim for both the backpay that’s owed and the future pay that’s owed. Now, that’s up to the individual and up to the lawyer that’s representing the individual, for the two of them to make a decision as to whether it’s in the best interest of the claimant to make a lump sum settlement.

Filed Under: Long Term Disability

How long have you been representing veterans? (Video)

January 13, 2017 by

How long have you been representing veterans?

Transcript:

I started representing veterans in the mid-decade of the 2000s. So I’ve been representing veterans at this point for approximately a decade, and I’ve represented veterans in both before the Court of Veterans Claims and the Board of Veterans Appeals, as well as the regional offices. I’ve had veterans from both the Houston regional office, Waco office, the New Orleans office, and one or two other offices throughout the country.

Representing veterans is something that can be done country-wide. It doesn’t have to be done in any particular regional office, and of course, the Board of Veterans Appeals operates about of Washington, as does the Court of Veterans Claims. So, it doesn’t matter where the veteran resides; we can help almost any veteran.

Filed Under: Veterans Disability

About Herren Law (Video)

January 6, 2017 by

About Herren Law

Transcript:

Well, my name is Bill Herren and I’ve been in Houston almost all of my life. I’ve practiced since the early ‘90s and my practice is entirely contingent fee. You don’t owe a fee unless you win your claim. We help veterans with their claims; we help long-term disability claimants with their claims, and we also help social security disability claimants with their claims. We’ve done this for more than 30 years. You can come in and talk to us about your claim for no fee, no cash up-front. Our fee is always paid on a contingent fee basis, and we’d be glad to talk to you about your claim.

Filed Under: Uncategorized

Houston TX Veterans Disability Attorney – What benefits are available for disabled veterans?

January 6, 2017 by

When returning from active-duty service in the U.S. military with an injury or disability, veterans can often rely on the Veterans Affairs to help cover the costs of service-related injuries or provide income to a disabled veteran that can no longer work. As such, if you are a veteran with a disability, it’s important to understand the VA disability benefits process, what benefits are available, and the varying eligibility requirements associated with certain benefits.

Benefits for Disabled Veterans | VA Disability Benefits Attorney Herren Law

If you’re finding difficulties getting rightfully owed disability benefits from the VA, then you may want to call a Houston VA disability benefits attorney as soon as possible. With years of experience helping veterans in Texas, attorney Bill Herren of Herren Law understands what it takes to get benefits, and what benefits may be available for you. We operate on a contingency basis, and you won’t pay a fee unless we win your case. For a free consultation, call our Houston law firm at (713) 682-8194.

Eligibility for VA Disability Benefits

There are certain eligibility requirements associated with the various disability benefits. However, veterans must meet two basic conditions to be considered for any VA benefits, including:

  • The veteran must have been on active service
  • The veteran must have received a discharge under conditions other than dishonorable

It is important to note that a veteran who was disabled by his/her own willful misconduct may be barred from receiving VA disability benefits.

Service-Connected Disability Compensation

After meeting these basic requirements, the veteran can look at other requirements associated with the VA’s disability benefits. For disabled veterans, the specific benefit they can pursue is:

Service-connected disability compensation: The service-connected disability compensation includes a monthly cash benefit, and it is available to eligible veterans who incurred an injury or illness that caused a disability or made an existing disability even worse. If the disability is particularly severe, there is special monthly compensation that’s also available.

The amount of benefits ranges from $133 to over $3,000 paid every month. The exact amount depends on several factors, such as the severity of your disability and the number of dependents you have. Furthermore, you may be paid additional amounts if any of the following are true:

  • You have a severe disability or you lost a limb
  • You have a spouse, children, or other dependent partners
  • You have a seriously disabled spouse

You can apply for disability benefits at any VA office, including those right here in Houston.

Benefits Available for Disabled Veterans

There are several types of claims associated with disabilities, and the unique circumstances of your injury and disability should indicate what type of claim you should pursue. Some of the different types of benefits and disability claims available to veterans include:

  •  Pre-discharge claims: Service-members within 180 days of their discharge from active duty or full-time National Guard duty may file a claim for disability compensation.
  • Pre-service disability claims: During service, an injury could aggravate a known pre-service disability. If a disability becomes worse during service, a veteran can file a pre-service disability claim.
  • In-service disability claims: For disabilities that resulted from an injury or illness that occurred during active service, a veteran can file an in-service disability claim.
  • Post-service disability claims: Some disabilities result from a disability that occurred while the veteran was in active duty. Even though the disability occurred have service, the veteran may still be able to file a claim.

Some claims are based on special circumstances, such as a claim for a temporary 100% rating due to surgery for a service-connected injury, or additional compensation if the veteran requires regular aid and attendance.

Call Herren Law Today

It’s always important to remember that, before you’re awarded disability benefits, you’ll need to meet the VA’s strict guidelines for disability, which includes a Direct Service Connection, Aggravated Service Connection, Presumptive Service Connection, or a Secondary Service Connection. You may also win disability benefits if you establish a service connection for Post-Traumatic Stress Disorder (PTSD).

To get legal help with your VA disability benefits claim, and a prominent attorney who’ll vigorously fight for your interests, call VA disability attorney William Herren today at (713) 682-8194. Free consultations are available.

 

Filed Under: Veterans Disability Tagged With: ,
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