You’ve served your country honorably and during the course of your military service you suffered a debilitating impairment that affects your physical and/or mental health. Many Veterans and their families reasonably believe that when they honorably serve their country the Veterans Affairs (VA) will grant benefits without too much hassle. Unfortunately, many Veterans have learned that the VA is quick to deny their service connected disability claim, and will deny their claim often and arbitrarily causing many Veterans to give up on their whole claim. Its important to realize that although the VA disability process is not a quick one certain Veterans can be the recipient of valuable benefits if the Veteran is vigilant and persistent. Often its critical that the Veteran or his family hire an attorney to help navigate the lengthy and complicated VA appeals process.

1. Is it helpful to retain an attorney for my VA service connected claim?

Yes. There are a myriad of different types of VA service connected claims including new claims, increased rating claims, total umemployability claims, as well as others. An attorney can help determine which type of claims apply to your individual situation. Additionally, an attorney can help gather critical evidence to prove that your disability is service connected. An attorney can help evaluate whether the rating assigned by the VA is the correct one so that it can be determined whether an appeal is necessary.

2. Who is a Veteran?

A veteran is a person who served in the active military, naval, or air service, and who was discharged or released therefrom under conditions other than dishonorable.

The disability or death was incurred or aggravated during active service in the line of duty. Doesn’t have to occur as a result of combat just need to have occurred in service. Means the same thing as “incurred in the line of duty”.

4. What are VA disability ratings?

Is a monthly compensation designed to offset the degree to which the disability would impair the average civilian to earn a living, and no consideration is given to the Veteran’s earning capacity. The ratings are to be based upon the average impairments of earning capacity resulting from such injuries in civil occupations. Under the system disability ratings are assigned at 10% increments. If a disability increases in severity then the vet should apply for an increase in evaluation of the service connected condition. The ratings schedular can be found in the Code of Federal Regulations at 38 C.F.R. 4.25.

5. How does the Appeal Process work?

There is a four step process at the Regional Office where the Veteran lives. VA determines if the veteran is eligible to receive VA benefits including whether the veteran was discharged on under other than dishonorable conditions. Secondly, VA decides whether the veteran qualifies for disability compensation under the rules. Next VA determines the severity of the disability and assigns a % based on the ratings schedule. 38 C.F.R. pt. 4. Lastly, VA sets the effective date for the award of service connected disability. An attorney is useful since often these claims will require an appeal to the (BVA) Board of Veterans Appeals in Washington DC or even the Court of Appeals for Veterans Claims (CAVC).

6. What if I can’t afford an attorney?

There are no upfront costs and if you don’t have any success in your claim you owe nothing to the attorney. If successful the attorney fee typically amounts to a percentage of retroactive or benefits that are past due from the date of application.

7. Can you represent Veterans located anywhere?

Yes. The VA disability program is a national federal program that allows attorneys to represent Veterans located far away from an attorney’s brick and mortar. With email, phones, and other technologies its easy to represent Veterans wherever you may be located.