Frequently Asked Questions

1. When can I hire an attorney to help me with my VA claim?

You can call us at any stage of your appeal for help. Even if you have not filed a claim yet, feel free to call us for some free advice about filing.

2. If I feel that I have a disability due to my military service – which either happened or was pre-existing and aggravated during my service – how do I determine if I am eligible for VA benefits?

The best way to determine eligibility for benefits is to contact your local regional office and request a copy of your service medical records. If you haven't filed a claim before, it will probably take them some time to get the records to you, as they are probably being kept in storage at the National Personnel Records Center in St. Louis, Missouri.

Once you obtain your records, the best resource for information is at the local level in the form of county Veterans service officers and/or national service organizations. If you are a member of The American Legion, Disabled American Veterans, or another service organization, contact their local offices and they will most likely be able to offer you advice on the specifics of your claim.

Alternatively, if you have questions of a general nature, please feel free to contact our law offices directly. At the very least, we should be able to point you in the right direction and give you the help you need as you proceed through the complicated claims process.

3. How do I file a claim?

A link to the claims form for VA benefits can be found on the resources page. You can also submit an informal claim in the form of a letter to the VA regional office in your state.

4. How long does it take to get a decision from VA?

In general, it takes 6-12 months to receive a decision based on a new claim. If a denial by VA is appealed, all bets are off - a decision can take much, much longer.

That being said, despite the time it takes to appeal, it is rarely advisable to refile the same claim over and over again. If you believe you deserve a particular benefit, appealing a denial is almost always the best course of action. We strongly recommend that Veterans and their families have any denial reviewed by an attorney or a local Veterans Services Officer to see if it should be appealed.

5. If I am awarded benefits, will they be retroactive?

Yes. This is why it is important to call a Veterans attorney.

If you receive a favorable award from the VA, you should read the rating decision closely to make sure that you have received all the benefits to which you are entitled. Specifically, you should pay attention to the disability percentage assigned and the effective date of the award. In general, your effective date should be the date that you last filed your claim for benefits. This means that your award may have an effective date that goes back many years.

If you have questions about your Rating Decision, please contact our office at (877) 838-2889 or by email at info@vetlawyers.com.

6. How do I find out what medical benefits I am entitled to through VA?

Generally, most Veterans are eligible for healthcare through VA. More information on VA healthcare and an application for benefits can be found at: http://www4.va.gov/healtheligibility/. Just like benefits for service-connected disabilities, it is best to file an application even if you are unsure about whether or not you qualify for healthcare benefits.

7. I've been turned down by the VA in the past. What should I do?

Once you are denied benefits at any level of the VA claims process the clock starts ticking on your time to appeal. If you have recently been denied benefits at any level of the VA claims process, you should call our office immediately. This is especially true for those who have complicated psychiatric claims or those whose claims have been denied by the Board of Veterans’ Appeals (BVA) in Washington, D.C.

8. What will I have to do to appeal a claim? Is it hard and/or time consuming?

Until a claim is denied by the Board of Veterans' Appeals (BVA), the claim is considered non-adversarial by VA. What that means is that they are not supposed to be fighting your claim, just doing research to determine if you are entitled to the benefits you seek.

If you submit a claim to VA, they have a legal duty to research your claim carefully and apply the law to it thoroughly. If you appeal a denial, you might be asked to provide more information or corroborating evidence concerning your claim, but you won't be forced to do anything. The burden is on VA to ensure that your claim was properly denied.

The VA disability claims process can be stressful for many Veterans. Many feel they are getting the runaround from VA or that their sacrifices for their country aren't being appreciated. So an appeal is never fun. But the process itself is not an especially difficult one, and should certainly be considered by every Veteran who feels he or she has been denied the benefits to which they are entitled.

9. Will I have to testify in court if I appeal my claim?

You have a right to a hearing if you want one, but you cannot be compelled to go to a hearing if you don't want one. VA won't even schedule a hearing for you unless you ask them for one.

10. Can a Veteran receive both VA and Social Security benefits?

Yes. A Veteran can receive both VA service-connected benefits and Social Security benefits. However, it is important to note that receipt of one does not guarantee receipt of the other. A Veteran generally cannot receive both a VA pension and Social Security at the same time.

11. Can a Veteran work while receiving VA disability?

Generally, a Veteran can still work when receiving VA disability. However, it is usually the case that in order to receive individual unemployability or a 100 percent schedular rating for certain disabilities, a Veteran can not work full-time or make over a certain amount of money per year (generally, anything above the poverty line). However, this depends on each individual case. If you have questions about a claim for unemployability, or if you are not able to work due to an in-service disability, please feel free to contact our firm at (877) 838-2889 or by email at info@vetlawyers.com.

12. Are VA service-connected benefits taxable?

No. VA service-connected benefits are not taxable and are not considered a part of a Veteran’s yearly earned income.

13. Can I hurt my chances to eventually win on a claim if I appeal it now and it is denied by the BVA or by the Court?

No. It is generally much easier to win a claim by appealing than it is to let the claim lapse then try to reopen it. Every valid claim should be pursued at least to the Court. If you start a claim now, stop pursuing it, and then try to pick it up again later, you could lose out on thousands of dollars in past-due benefits that you otherwise would have received. If you have any questions about appealing and/or reopening claims, contact our firm at (877) 838-2889 or by email at info@vetlawyers.com.

14. How do I increase my VA disability rating?

If a service-connected condition acknowledged by VA has worsened, you can file an increased rating claim using the basic claims form or by submitting a letter to your regional office indicating that your condition has worsened and that you would like it to be reevaluated. It might be helpful to submit treatment records to VA proving a worsening of your condition. Alternatively, you are able to tell VA what doctors you treat with in order to enable them to locate and obtain these records.

15. Are a Veteran’s disability payments continued for a surviving spouse after death?

A Veteran’s service connected disability is not automatically continued for his or her surviving spouse. But a surviving spouse may be eligible for a death pension depending on their income level (http://www.vba.va.gov/bln/21/pension/spousepen.htm) or Dependency Indemnity Compensation (DIC) benefits.

16. What benefits are there for survivors of deceased Veterans?

VA does offer certain benefits for survivors and dependents of deceased Veterans. A Veteran’s spouse may qualify for Dependency Indemnity Compensation (DIC) benefits if (1) the cause of the Veteran’s death was related to their service; (2) the Veteran’s death resulted from a non service-related injury or disease and the Veteran was receiving, or was entitled to receive, VA Compensation for service-connected disability that was rated as totally disabling for at least ten years prior to death; (3) the Veteran was receiving the total disability for at least five years following his or her release from active duty immediately preceding death; or (4) the Veteran was a former prisoner of war who died after September 30, 1999 and was receiving benefits for at least one year prior to death. To see if you qualify for any benefits, please visit http://www.vba.va.gov/bln/dependents/. To find out more about DIC benefits specifically, please visit http://www.vba.va.gov/bln/dependents/dic.doc.