Celeste & Associates:

• Workers' Compensation
• Veterans' Disability
• Social Security Disability
• Personal Injury
• Animal/Dog Bites
• Auto Accident
• Product Liability
• Slip and Fall
• Workers' Retaliation
• Wrongful Death

Veterans' Disability

VA Helps Vets With Mortgage Problems

Loan Counselors at the Department of Veterans Affairs are reducing the number of veterans defaulting on their mortgage loans. They will help any vet- you don't have to have your home loan through the VA program. To date, VA counselors have helped 74,000 veterans, active-duty soldiers and survivors of veterans keep their homes. Call this toll free number to get help from a VA financial counselor: 1-877-827-3701. Or, check out this website: www.homeloans.va.gov.

You served our country. Now, in these tough economic times, let our country thank you by helping you keep your home for you and your family.

We are proud to represent Florida Veterans.

Though we have fully staffed law offices in West Palm Beach and Port Saint Lucie we can easily represent veterans through mail, email and telephone. We are more than willing to travel to St. Petersburg, FL and/or Washington D.C. to well represent our state veterans.

New Rule Regarding PTSD Claims

Any veteran diagnosed with PTSD while on active duty will no longer have to show exposure to a specific stressor. The VA will schedule an immediate examination to determine how severe the symptoms are so the VA can pay proper compensation to the veteran.

Government Tax Rebate

The federal government is providing a tax rebate to most individuals who have at least $3,000 in income. The IRS will count your VA disability benefits as income, even though those benefits are not taxable. However, in order to receive a rebate, you must file a tax return, even if you do not owe any taxes. No tax return on file? No rebate!

Frequently Asked Questions:

Am I eligible for VA disability compensation benefits?

If you are a veteran with an other-than-dishonorable discharge, and have a condition or injury that was caused by or aggravated by your time in service, you may be eligible for compensation from the VA.

What do I have to do to make a claim for disability compensation benefits?

A claim can be as simple as filing a letter with your V.A. Regional Office. You should state that you are a veteran and that you are seeking disability compensation benefits because you have a condition or injury that you believe was caused by or aggravated by your time in the service. Be sure to tell the VA what condition or injury you have.

I made a claim for benefits many years ago and the VA denied my claim? Can I make the same claim again

In most cases, you can file a new claim. You can file a claim to reopen your previous claim based on new and material evidence. You can do this by simply sending a letter to the VA Regional Office, asking that your claim be reopened based on new and material evidence. If you have additional information to give the VA, such as a new medical report about your condition, be sure to attach it to the letter. This should be sent by certified mail, return receipt. Keep a copy of the letter and the receipt. In some cases, you can also ask that your claim be reviewed based on previous clear and unmistakable error on the part of the VA.

The VA denied my claim for benefits. What do I do now?

In most cases, you have one year from the date of the letter sending you your Rating Decision to make an appeal. You must first file a Notice of Disagreement telling the VA that you disagree with their decision, what it is specifically you disagree with, and that you want to appeal the decision. The Notice of Disagreement is a simple letter that you send to the VA Regional Office that decided your claim. You should send this Notice of Disagreement by certified mail, return receipt, and keep a copy of the letter and the receipt. If the VA still denies your claim, they will send you a Statement of the Case and a VA Form I-9. In order to perfect your appeal, you must fill in and file the Form I-9 ("substantive appeal") within the time frame specified by the VA. In most cases, your claim will then be sent to the Board of Veterans’ Appeals in Washington, D.C. for appellate review. After that, it can be sent to the Court of Veterans’ Appeals in Washington, D.C. if you are not satisfied with the Board’s decision.

When can I hire a lawyer to help me with my claim?

If you have filed a Notice of Disagreement dated after June 20, 2007, this firm can represent you. If you have a Board of Veterans’ Appeals decision, you can also have one of our lawyers assist you with your claims. We will review your documents, file legal papers on your behalf and attempt to obtain the evidence needed to win your claim.

How does my lawyer get paid?

If your claim results in a lump sum of money to you for payment of retroactive benefits, the lawyer receives 20% out of that amount. The VA will withhold the 20% from your award of retroactive benefits and pay it directly to your lawyer. If you do not win your claim, the lawyer does not charge for their time spent assisting you.

How long does it take to get my benefits?

The VA has a tremendous amount of claims. From the time you file your claim, to the time you receive your first decision from the VA, it can take as long as 1 ½ to 2 years. Although there is no guarantee that hiring a lawyer will speed up the process, a well documented claim can sometimes make it easier for the VA to reach a decision on your claim.

Can I work and still collect VA disability compensation benefits?

In most cases, you can hold a job and still receive disability compensation benefits. Further, veterans’ disability compensation benefits are not taxed.

What conditions does the VA consider to be related to my service in Vietnam?

If you served in-country during the Vietnam war, the VA accepts that you were exposed to Agent Orange. The VA may pay compensation benefits if you have any of the following conditions: diabetes mellitus type II (adult on-set diabetes), prostate cancer respiratory cancers, acne-type diseases, Hodgkin’s disease, multiple myeloma, non-Hodgkin’s lymphoma, sarcoma, peripheral neuropathy, porphyria cutanea tarda and chronic lymphocytic leukemia.

What is Gulf War syndrome and what disability benefits will the VA provide?

Veterans who served in the Southeast Asia theater during the Persian Gulf War after August 2, 1990, may be entitled to disability benefits. Veterans with an undiagnosed illness and a medically unexplained chronic multisystem illness, such as chronic fatigue syndrome or fibromyalgia, may qualify for disability compensation benefits.

Veterans Have Asked Us:

Vietnam Veteran:

We were contacted by a Vietnam Veteran with a diagnosis of post-traumatic stress disorder (PTSD). When he made his claim for benefits, he was told by the VA that he was never in Vietnam! Our search not only found the area where his ship was stationed, but found evidence of an in-service stressor that most likely lead to his PTSD.

Daughter of Vietnam Veteran:

A young woman with a serious spinal defect called our office. Her father was a veteran of the Vietnam War and was exposed to Agent Orange. This exposure most likely lead to her condition, and we were able to help her process her claim for benefits.

Widow of a World War II Veteran:

The elderly widow of a World War II veteran called to see if she qualified for benefits based on her husband’s claim for disability benefits due to his severe hearing loss. We were able to explain the concept of "accrued benefits" that might entitle her to benefits and reviewed her husband’s file with her.