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Idaho VA Disability Appeals

We believe that America’s Veterans are entitled to all due compensation that they earned in the service of our country, including Veterans living in Idaho, home to roughly 125,000 Veterans. The Census Bureau estimates that 25% of that group have a service-connected disability rating (outpacing the average state of 17%). Nonetheless, there are many more who have suffered injuries yet do not have a VA disability rating to show for it.

Berry Law has represented Veterans and servicemembers from coast to coast. We pursue Veterans’ disability appeals at every VA Regional Office in the United States and take significant pride in defending Veterans’ rights. If you have been denied VA benefits, or are unhappy with your rating decision, you could benefit from the help of an Idaho VA disability attorney. The following article is meant to help you understand the Veterans’ disability benefits process in Idaho.

 

Starting a VA Claim in Idaho

Getting started with a VA disability claim can be initiated from anywhere in the world, regardless of where you served.  You can use the VA’s website to apply, or get help from a VSO (Veterans Service Organization).  To see a list of VSOs in Idaho, click here.

To get started, you will need to complete VA Form 21-526EZ, or apply online through the VA eBenefits portal. You may need to submit additional forms based on your individual circumstances. Other relevant forms include VA Form 21-0781 or 21-0781a for PTSD claims, and VA Form 21-8940 and 21-4192 for Individual Unemployability (TDIU). Once completed, these forms can be submitted to the VA.

Initial claims generally take several months to process, so patience may be required.

It is important to start your claim early to establish an early effective date. Once set, the effective date will not change regardless of how long it takes to fully adjudicate a claim, which can take years. The importance of the effective date is that the Veteran should receive back pay at the monthly rate they are entitled to reaching from the final decision date all the way back to the effective date.

Keep in mind that the effective date can be lost if you don’t maintain appeals for your claims. For instance, if you have 90 days to file a VAF-9 but wait too long to do so, you may be forced to reopen your claim leading to a new effective date. One reason that Veterans fight so hard to appeal VA decisions is to keep the effective date in place and get all the compensation you are entitled to. See below for additional information about appealing VA decisions in Idaho.

The effective date for each disability claim is independent so an early effective date for a claim based on knee pain will usually not apply to a gastrointestinal claim initially filed years later.

Submitting a VA Appeal in Idaho

Even the most thoroughly prepared claim for benefits may not yield the desired result for a Veteran’s initial claim. If an initial claim is denied, rated too low, or given an improper effective date, you can appeal the decision.

You can appeal in a few different ways depending on how the decision was reached. Berry Law can help you present the most compelling appeal for your case and has helped Veterans recover over $100 Million in backpay owed to them by the government. We have attorneys and advocates in various locations throughout the US, but the location of your attorney does not actually impact the process because it is Federal in nature.

Berry Law has helped Veterans in Idaho, and every other state in America, along with Veterans living abroad. Some appeals processes can last years, but as long as you have preserved your effective date by keeping appeals open, you are entitled to receive back pay for every month that elapsed during the process. Most appeals begin with filing a Notice of Disagreement (NOD) with your VA Regional Office. This form notifies the VA that you disagree with the decision that has been made. An NOD can simply state “I disagree”, or can include substantial amounts of supporting evidence. The Regional Office in Idaho is located at: 1112 W Main St #101, Boise, ID 83702.  To see additional VA facilities in Idaho, click here.

The Regional Office responds to NODs with a Statement of Case (SOC), which outlines of the case and is sent to the Board of Veterans’ Appeals (BVA). The BVA will conduct their own review to reach a decision. If you are unsatisfied with the BVA decision, you can then appeal to the US Court of Appeals for Veterans Claims (CAVC) for further adjudication.

If you would like help appealing a VA decision in Idaho, you can contact Berry Law for a free consultation on what your options may be.

Selecting a VA-certified Disability Appeals Attorney

Don’t assume that every Idaho VA disability attorney is equally equipped to help you bring firepower to your appeal. if you choose to get help from an attorney for preparing and submitting your claim, you should pick one that will stick with you for the duration of your case, and who has experience with appeals at every step of the process. You may want to use a Firm with a long history of representing Veterans to make sure they will still be representing you if your case lasts for several years. Beware of firms that only began practicing Veterans Law after 2007 when it became more “profitable” for them.

The most difficult trait to assess is how effective your lawyer will be at presenting your case with research, evidence, and arguments. More understanding often translates to superior work product, but not always.  You may want to read reviews and testimonials from a potential law firm before signing up.  As well as, ask about the level of research they perform on each individual case and what some of their most effective arguments have been in the past.

It’s also important to many Veterans to have lawyers who are Veterans themselves. Choosing to work with an Idaho VA appeals lawyer who has served in the military can facilitate better communication and decrease the amount of time that you need to spend explaining how the military works.

Having shared military values with your law firm can make the process more comfortable and less stressful. Will your law firm understand the intense stress of combat? Making the right decision on hiring a law firm can make a significant difference for the outcome of your case.

Berry Law: Veterans Serving Veterans

Berry Law was founded in 1965 by John Stevens Berry, Sr., who spent part of his time in the Army serving in Vietnam. During a JAG tour in Vietnam, he successfully defended Green Berets against murder charges, among other courtroom victories for his fellow servicemembers, resulting in major news coverage and an elite reputation. While developing a criminal defense practice, he also represented many Veterans on a pro bono basis against the VA. His son, John S. Berry, , is now the Managing Partner of the Firm, and retired as a Lieutenant Colonel from the Nebraska National Guard, where he held multiple Command positions after earlier Active Duty tours in both Bosnia and Iraq. John has built a Firm that lives on military tradition and values.

In our ranks are Army, Marine Corps, Navy, and Air Force Veterans. We have lawyers from each branch, and are proud to have both Officers and Enlisted, who left the service ranking between E2 and O6. Our Veterans have served in Vietnam, Bosnia, Kuwait, Iraq, Afghanistan, at sea, and elsewhere around the world, and combined have earned hundreds of awards, ribbons, and commendations for their service. We also have Reservists and National Guardsmen still attending drill and occasionally mobilizing.

John Berry received the Patriot Award from the ESGR, and the firm has been named as “Military and Veterans Law Firm of the Year” by multiple agencies.

We combine our military and legal training to assist Idaho Veterans in their fight for disability benefits.

Berry Law represents Veterans throughout Idaho, including in:

  • Boise City
  • Meridian
  • Nampa
  • Idaho Falls
  • Caldwell
  • Pocatello
  • Coeur d’Alene
  • Twin Falls
  • Post Falls
  • Lewiston
  • Rexburg
  • Eagle
  • Moscow
  • Kuna
  • Ammon
  • Chubbuck
  • Hayden
  • Mountain Home
  • Blackfoot
  • Jerome

Resources for Veterans in Idaho

VSOs in Idaho

Many Veterans utilize VSOs to file initial claims.
Some VSOs have special recognition from the VA for helping Veterans file claims.

Local chapters in Idaho include:

American Legion Posts in Idaho

  • Headquarters, ID Post 85, BOISE, ID 83706
  • John Regan, ID Post 2, BOISE, ID 83713
  • El Korah, ID Post 100, BOISE, ID 83702
  • Fort Boise, ID Post 151, BOISE, ID 83702
  • Capitol, ID Post 136, BOISE, ID 83706
  • Iscc, ID Post 201, BOISE, ID 83707
  • Lloyd E. Hutcheson, ID Post 113, MERIDIAN, ID 83642
  • Orville Jackson, ID Post 127, EAGLE, ID 83616
  • Johnson-Neilson, ID Post 142, KUNA, ID 83634
  • Joseph H. Murray, ID Post 18, NAMPA, ID 83651
  • Middleton, ID Post 39, MIDDLETON, ID 83644
  • Divin-Slonecker, ID Post 126, MELBA, ID 83641
  • Lawrence Dresser, ID Post 49, EMMETT, ID 83617
  • Robert Henry Smidt, ID Post 137, HORSESHOE BEND, ID 83629
  • Loren M. Trotter, ID Post 35, CALDWELL, ID 83606
  • Marsing, ID Post 128, MARSING, ID 83639
  • George D. Vanderhoff, ID Post 32, HOMEDALE, ID 83628
  • Placerville, ID Post 12, IDAHO CITY, ID 83631
  • Craig Emery, ID Post 48, PARMA, ID 83660
  • George Edmond Thiel, ID Post 107, NEW PLYMOUTH, ID 83655
  • John Webster Rhoads, ID Post 33, PAYETTE, ID 83661
  • David “hawk” Howard, ID Post 101, MOUNTAIN HOME, ID 83647
  • Elmore, ID Post 26, MOUNTAIN HOME, ID 83647
  • Grand View, ID Post 134, GRAND VIEW, ID 83624
  • Will R Cole Memorial, ID Post 9, MIDVALE, ID 83645
  • Frank Spicklemire, ID Post 60, CASCADE, ID 83611
  • Russell Smith, ID Post 42, WEISER, ID 83672
  • Bruneau, ID Post 83, BRUNEAU, ID 83604
  • Frank Cornell, ID Post 57, GLENNS FERRY, ID 83623
  • Bert Harpham, ID Post 72, COUNCIL, ID 83612
  • Mc Call, ID Post 119, MCCALL, ID 83638
  • David Ketchum, ID Post 115, KETCHUM, ID 83340
  • Lea Owsley, ID Post 31, HAGERMAN, ID 83332
  • Perry Byam, ID Post 30, GOODING, ID 83330
  • New Meadows, ID Post 111, NEW MEADOWS, ID 83654

DAV Locations in Idaho

  • BOISE #2, Boise, ID
  • ALBERT W JARDINE #22, Boise, ID
  • BONNERS FERRY #28, Bonners Ferry, ID
  • CARRIE L FRENCH #1, Caldwell, ID
  • PAYETTE COUNTY #23, Fruitland, ID
  • YELLOWSTONE #6, Idaho Falls, ID
  • LEWISTON #18, Lewiston, ID
  • JIM MC NAMAR #17, Mountain Home, ID
  • NAMPA #13, Nampa, ID
  • POCATELLO #3, Pocatello, ID
  • FORT SHERMAN #9, Post Falls, ID
  • MINI CASSIA #10, Rupert, ID
  • STRADLEY #5, Twin Falls, ID

VFW Posts in Idaho

  • Post 11065 Samuel Phillips III Post, Wilder, ID 83676
  • Post 1173 Boise Post, Boise, ID 83704
  • Post 142 Boise Basin Post, Idaho City, ID 83631
  • Post 2738 Payette Valley Post, Payette, ID 83661
  • Post 2974 Thousand Springs Post, Wendell, ID 83355
  • Post 3078 Toponis Post, Gooding, ID 83330
  • Post 3465 Col. Stotsenberg Post, Nampa, ID 83687
  • Post 3646 Glenns Ferry Post, Glenns Ferry, ID 83623
  • Post 3749 Purple Sage Post, Huntington, OR 97907
  • Post 3886 Lt. Leighton D. Patterson Post, Caldwell, ID 83605
  • Post 4000 Meridian Post, Meridian, ID 83642
  • Post 4900 Emmett Post, Emmett, ID 83617-3048
  • Post 5423 Mountain Home Air Force Base Post, Mountain Home, ID 83647-3047
  • Post 5452 Ontario Post, Ontario, OR 97914
  • Post 6232 Cuddy Mountain Post, Midvale, ID 83645
  • Post 7019 Kuna Post, Kuna, ID 83634
  • Post 9036 Leland E. Thomas Post, New Plymouth, ID 83655

VA Locations in Idaho

Examples of VA facilities in Idaho include:

  • Boise Regional Office, 444 W. Fort St., Boise, ID 83702
  • Intake Site Mountain Home Air Force Base, 575 Gunfighter Ave., Bldg. 180, Mountain Home AFB, ID 83648
  • Boise VA Medical Center (Medical Center), Boise , ID
  • Mountain Home Idaho OPC (Outpatient Clinic), Mountain Home, ID
  • Salmon Idaho OPC (Outpatient Clinic), Salmon, ID
  • Sandpoint RHC (Outpatient Clinic), Sandpoint, ID

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