Frequently Asked Questions

1. When can I hire an attorney to help me with my 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 as to how to go about filing.

2. How do I know if I deserve 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 a while to get the records to you, as they would probably be in storage at the National Personnel Records Center in St. Louis, Missouri.

Once you obtain your records, the best advice widely available at the local level is the 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 be able to offer you advice on your specific 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 in the “resources” section of this website. You can also submit an informal claim to the VA regional office in your state or nearest to you in the form of a letter.

4. How long does it take to get my service-connected claim processed?

→ It is impossible to tell how long a claim will take to get processed since each claim requires different types of development by VA. However, in general, an initial rating decision based on an original claim for service-connection generally takes anywhere from 6 months to one year to receive. Of course, there are instances that a rating decision can be issued much faster or take longer.

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

→ If you receive a favorable award from the VA, you should read the rating decision closely to make sure that you 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 1-877-838-2889 or by email.

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

→ Generally, most veterans are eligible for healthcare through the VA. More information on VA healthcare and an application for benefits can be found at: http://www4.va.gov/healtheligibility/. Just like benefits for a service-connected disability, if you are unsure if you qualify for healthcare benefits, it is best to file an application.

7. I've been turned down by the VA. 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 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 claims process is considered non-adversarial by the VA. What that means is that they are not supposed to be fighting your claim, just doing research to see if you deserve the benefits you seek.

If you submit a claim to the VA, the VA has 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 duty is on the VA to make sure your claim was properly denied.

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

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 can't be compelled to go to a hearing if you don't want one. The VA won't even schedule a hearing for you unless you ask them to.

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?

→ A veteran generally can still work when receiving VA disability. However, typically 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). This depends on each individual case and if you have questions about a claim for unemployability, or if you are not able to work due to a disability incurred in service, please feel free to call us for a free consultation.

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 it 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, just give us a call: 877/838-2889.

14. How do I increase my VA disability rating?

→ If a condition that you are service-connected for through 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 you would like it reevaluated. It might be helpful to submit treatment records to VA proving a worsening of your condition. In the alternative, you are able to tell VA what doctors you treat with in order for them to obtain these records.

15. Are a veterans disability payments continued for a surviving spouse after death?

→ A veterans service connected disability is not automatically continued for his surviving spouse. But a surviving spouse may be eligible for a death pension depending on income (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 offers 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 due to service, 2) a 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 10 years immediately before 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, please visit http://www.vba.va.gov/bln/dependents/dic.doc.