Veterans’ Information and Frequently Asked Questions

No. Many veterans file their initial application on their own, and only hire an advocate if their claim is denied or if they disagree with the claims decision and wish to appeal.

Many veterans consider hiring an advocate when they are denied disability benefits or disagree with the initial decision made on their disability benefits claim. The process of appealing a claim decision is lengthy and complicated. An advocate can navigate this process on your behalf and ensure that no vital steps are missed. If you wish to appeal your denied disability benefits, Vets National Advocates is here to help. Call us at (877) 777-4021 or use our contact form for a free consultation.

If you need an advocate to represent you after a decision on your claim has been made, you will enter into a fee agreement, and agree to pay either a flat rate for services, an hourly rate for all worked performed, a percentage of the benefits you recover, or a combination of these three. Make sure you understand your fee agreement and know exactly what you will need to pay before hiring an advocate. Also, never pay a “consultation fee” or pay anyone to prepare your benefits claim—this is against federal law.

Generally, no. Your case file can be sent to your advocate’s office in the mail, and the majority of evidence and arguments submitted to the Regional Office are also sent via U.S. Mail or electronically. Usually, there is no need for your advocate to be located near you or near your VA Regional Office.

Vets National Advocates represents veterans at the CAVC. We handle appeals from denied benefit claims. The Vets National Advocates Network is also here to help with class action claims. If you believe you have an issue relating to your time in the service, Vets National Advocates can fight for you.

A person is eligible for VA disability benefits if they:

1. Served in the uniformed services on active duty, OR
2. Served in active duty for training, OR
3. Served in inactive duty training, AND
4. Were not dishonorably discharged, AND
5. Are at least 10% disabled by a disease or injury that occurred during or was aggravated by their service.¹

If you are unsure if your injury qualifies you for VA benefits, contact Vets National Advocates for a free consultation.

¹38 C.F.R. §3.4

In order to receive disability benefits, you must show that your injury or disability was caused or made worse by your service, and that you are at least 10% disabled. Your disability rating is determined by the impairment of your body or mind as a whole, and its ability to function under the ordinary conditions of daily life (including employment). If your injury is to a specific body part, like an arm or finger, it may be determined by your loss of function in that body part.

Many common diseases and injuries have been determined to have a specific disability rating; for example, the amputation of a big toe can lead to a disability rating of 10% or 30%, depending on where the toe was amputated. In contrast, blindness caused by a service injury generally leads to a 100% disability rating. Your disability rating will be determined by VA employees who review your claim and medical records for evidence of your disability. Your disability rating will determine how much money you may receive in VA disability benefits on a monthly basis.¹

¹38 C.F.R. §3.303-3.344

The benefits you receive are determined by your disability rating, your marital status, and how many children you have, if any. The rates are published each year on the VA website. A veterans disability advocate like those at Vets National Advocates can help you calculate your rate and make sure you are receiving all of the compensation you deserve.

Yes. Active duty service members are considered to be on active service from the time they enlist to the time they are discharged, even if your injury occurred while you were off-duty. Also, if your injury was caused by a car accident or by playing sports, for example, you could still be eligible for disability benefits.¹

¹38 C.F.R. §3.301

Generally, yes. If a veteran is rated at 100% based on an unemployablity evaluation, then the veteran will need to continue to meet the unemployability criteria to maintain the 100% rating. However, if unemployability was not a factor in the veteran’s rating decision, then the veteran may continue working.  The manner and extent of work permitted depends on the circumstances of each individual veteran. If you have questions regarding this issue, call Vets National Advocates. We can help.

¹38 C.F.R. §3.340

This depends on the complexity of your disability, the state where you live, and the amount of additional information required by the VA. Claims may be processed in as little as 3 months, or may take over a year. The VA’s current goal is to have all claims processed within 125 days and eliminate the claims backlog by 2015.¹

¹VA Strategic Plan to Eliminate Compensation Claims Backlog, January 25, 2013.

The VA has created an optional disability claims process called the Fully Developed Claim (FDC) program. This program allows the VA to process claims more quickly, letting veterans receive their benefits sooner.

An FDC is like a regular disability claim, except that the veteran submits all available medical evidence at once as part of the initial claims package. The veteran also certifies to the VA that there is no outstanding medical evidence besides what has been submitted to the VA. By evaluating all medical evidence at one time, VA can make a faster decision on a veteran’s claim.

One major advantage of the FDC program is that a veteran will not lose any time if additional medical evidence is discovered after the FDC is submitted. The VA will simply remove the FDC from the accelerated process and use the regular claims process to evaluate the application.

To file an FDC application, use the VA’s eBenefits page.

The eBenefits site is the VA’s online benefits portal. This portal allows veterans to view the status of his or her application, upload medical records, apply for health care, or request copies of service documents. The website is free, and can even be used by survivors or dependents. You will also have access to the VA’s massive resource database, which can help you find services or support groups in your area. To take advantage of this site, register for your eBenefits account here.

Once your claim is received by the VA, it will be reviewed by a Veterans Service Representative (VSR). The VSR will determine if any additional evidence is needed, such as more medical testing. If so, the VSR will request, gather, and review this evidence.

Once sufficient evidence of your disability has been collected and reviewed, the VSR will recommend a decision. This requires the VSR to prepare several documents detailing that decision. After the VSR’s recommendation is reviewed by the VSR’s supervisor, the supervisor will either approve the recommendation or request additional information.

Once a decision has been made, a claim letter and package of information is prepared which explains the VA’s decision and the veteran’s disability rating. The decision is then mailed to the veteran. The date the decision is mailed to the veteran will begin the one year time limit for the veteran to file a notice of disagreement.

The decision will determine whether your condition is related to service, the severity of your condition, and/or the effective date of the decision. If your claim is approved, the VA will also determine your total combined disability rating, which will in turn determine the amount of benefits you will receive. The decision can also require that you have periodic medical evaluations if the VA believes that your disability rating may change over time.

The claim decision can also require that you have period medical evaluations if the VA believes that your disability rating may change over time.

No, you can file an appeal yourself. However, an advocate can better navigate through the complicated legal maze of administrative laws and regulations which could affect your disability claims.

Additionally, without an advocate, you must be constantly aware of very important deadlines which may cause you to lose your appeal if missed. An accredited advocate understands the appeals process and can help move your claim more quickly through the system.

Yes, you can submit additional evidence documenting your disability to the BVA, but you will need to waive review by the local VA office after the case has been certified to the BVA.¹

¹38 C.F.R. §20.1304(c)

After your VA regional office receives your Notice of Disagreement, it will review your claim and compile a Statement of the Case, explaining the medical and legal reasoning it used in making a decision on your claim. They will also send you a VA form 9, which must be sent back to your VA office to begin the appeals process at the BVA.

You may then have a hearing with the BVA. This hearing can take place either in Washington D.C., or at your local VA office either in person or via video conference. Your advocate will attend this hearing with you and will help you explain your claim to the BVA.

After the hearing, the BVA will review your file and the transcript of the hearing before making a decision. The BVA will then either grant your claim, deny your claim, or remand your claim to your local VA office for reconsideration.¹ This process will take some time. The VA’s goal is to have all appeals resolved within 400 days, or a little over a year. In actuality, this process can take up to three years.

¹38 C.F.R. §20.700

If the BVA denies your claim, you have four options:

1. Appeal your claim to the U.S. Court of Appeals for Veterans’ Claims
2. Request that your local VA regional office reopen your claim
3. File a motion asking the BVA to reconsider your claim or re-review your claim due to a clear and unmistakable error (CUE) in the board’s decision, or
4. Do nothing.

The Court of Appeals for Veterans Claims is located in Washington, D.C. and is not affiliated with the VA. The Court of Appeals for Veterans Claims has exclusive jurisdiction over the BVA’s decision, meaning that it is the only court which can hear an appeal from the BVA.¹ It consists of 7 permanent judges and two additional, temporary judges. “The only evidence which the Court of Appeals can consider is that which was presented to the BVA, which the CAVC calls the ‘record before the agency.'” The Court of Appeals cannot consider any new evidence outside of what was already presented in the record.

¹38 U.S.C. §7252

No, VA pension payments are not taxable income.¹

¹IRS Information for Veterans with Disabilities

Yes, the Social Security Disability benefits system is separate and distinct from the VA disability benefit system. If you qualify for both programs, you may receive both benefits.¹

¹Social Security Administration’s Information for Wounded Warriors

A veteran may receive pension payments if he or she meets both the minimum service requirements¹ and the eligibility requirements.

First, a veteran must generally have served at least 90 days on active duty, with at least one day during a wartime period. For veterans entering active duty after September 7, 1980, 24 months of service is required (or shorter if you completed the full tour of duty for which you were called.) At least one day of this service must be during a wartime period. Moreover, the veteran must have been discharged under other than dishonorable conditions.

In addition, he or she must meet at least one of the following conditions:

• Be age 65 or older², OR
• Be totally and permanently disabled, OR
• Be a patient in a nursing home receiving skilled nursing care, OR
• Be receiving Social Security Disability insurance, OR
• Be receiving Supplemental Security Income.

In addition to these limitations, your monthly family income must be less than the amount set by Congress. If you and your family earn more than this amount, you will not receive benefits even if you meet the other conditions.

¹38 U.S.C. §1521(j)

²38 U.S.C. §1513

Pension payments are calculated to be the difference between a person’s countable family income¹ and the annual pension limits set by Congress. For example, a person with no spouse or children has a yearly income limit of $12,652 in 2014. If a person earns more than $12,652 per year, then he or she will not be eligible for a pension that year.

The amount of countable income a person earns per year can be reduced by accounting for some other expenses, such as medical bills. Additionally, married veterans or veterans with children or other special circumstances have a higher yearly income limit.¹ A knowledgeable veterans’ rights representative like those at Vets National Advocates can help you calculate your countable income and make sure you are maximizing the amount of pension payments you deserve.

¹38 C.F.R. §3.271

²38 C.F.R. §3.3

No. Pension benefits are paid to veterans who do not have a service-connected disability. VA disability benefits are paid to those veterans who were injured or disabled as a result of their military service. If you happen to qualify for both types of benefits, the VA will pay you the benefit that is worth the most.

A Survivor’s Pension (or Death Pension) is payable to a low-income, un-remarried surviving spouse and/or unmarried children of a deceased veteran with wartime service. In order to receive a Survivor’s Pension, the family’s income must be less than the pension limits set by Congress.

Yes, you have the right to appeal any decision denying you or your family the benefits due to survivors. If you have received a denial of benefits, make sure to file a Notice of Disagreement, and contact a veterans’ rights representative like those at Vets National Advocates as soon as possible.¹

¹38 C.F.R. §3.105