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Frequently Asked Questions
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A: A VA disability case only requires proof of three elements. There needs to be current symptoms of a disability that was caused or contributed to by your military service. Beyond this basic qualification, we use several legal presumptions provided by law to prove your case.
A: Except in limited circumstances, it is not advantageous to contact your Congressional Representative or the White House. Typically, they will only receive the same update you get from the VA.
A: In the majority of cases, our fee is 20% of the back benefits provided by the VA. The fee is withheld by the VA and paid automatically. In certain limited cases, we bill by the hour. All fees are communicated upfront and no fee is presented as a surprise.
A: No, the firm only handles VA disability cases. There are numerous benefits provided by VA and we are unable to address all the different benefits.
A: No, the firm only handles VA disability cases. There are numerous benefits provided by VA and we are unable to address all the different benefits.
A: This is a common question we receive from clients, and understandably so. Unfortunately, the answer varies based on the type of claim and stage of appeal.
A: In the vast majority of cases, withdrawing the claim and filing again is not recommended.
When a claim for VA disability is granted, back benefits are provided back to the date the claim was filed. If the claim is withdrawn and refiled, the date of the refiled claim becomes the start date for retroactive benefits, so withdrawing the claim and refiling can cut off thousands of dollars of retroactive benefits.
In the past, original claims were processed much more quickly than appeals, so some veterans withdrew and refiled to speed up the process.
In the current appeals environment, there is rarely a time savings in withdrawing and refiling a claim and the lost of benefits can be substantial.
Once a claim is withdrawn, it cannot, except in limited circumstances, be reinstated, so any withdrawal of a claim should be made with great care.
A: The Department of Veterans Affairs uses your overall health and ability to function to determine your disability rating. They will take into account medical records, expert options, and the results of your VA claim examination to make this determination.
A: For 100% disability for a single veteran, the VA will award $3,831.30 per month. This could be higher if married with children.
A: As a surviving spouse or child, you may be eligible for Survivor Benefits. Reach out to an experienced VA attorney to help determine if you qualify.
A: A full review of your appeal can take anywhere from 4 months to 1 year, depending on the evidence submitted and the complexity of your case. Working with a veterans disability attorney can help you gather needed information faster, and can significantly streamline your case.” It can in some cases take multiple years.
A: It is generally a much better idea to appeal an unfavorable decision with the help of an attorney rather than withdraw. This allows you to build on existing information and submit new medical evidence with your appeal. One of the major reasons a claim should not be withdrawn is veterans lose retroactive benefits if claim is withdrawn. When a claim is withdrawn and later refiled, the veteran loses months of back benefits.