Legal Services for Seniors

Generally, to qualify for monthly disability compensation, you must have suffered from a disabling condition that was created by or aggravated by your military service. "Aggravation" of the condition means that your illness increased "beyond the normal progression" of the disability (i.e. your military service greatly aggravated the pre-existing condition and made it far more severe than it would have been if you had not engaged in military service). While the definition of "service-connection" seems simple enough, in truth, the V.A. has complex regulations to determine your eligibility for benefits. Further, V.A. has a schedule of "ratings" that it applies to medical conditions. The amount of compensation paid by V.A. increases with the severity of your condition. However, even a "zero" rating may entitle you to benefits through the V.A. The amount of compensation is based solely on the level of disability that you suffer; not on your financial need or income.

Ways to show a "service-connection" to disability?

There are five general theories of service-connection:

Direct service connection: using military or service medical records to show that you currently suffer from a disability that began while you were in the service (example: broken bones from an injury during service).

Aggravation: of a condition that existed prior to your entry into the service and that was noted on your military entrance examination. Your illness must have worsened "beyond the normal progression" of the disability in order for V.A. to award compensation (i.e. your military service greatly aggravated the pre-existing condition and made it far more severe than it would have been if you had not engaged in military service).

Presumptive service connection: if you suffer certain illnesses within a certain period of time after service (called the "presumptive period"), the V.A. will assume that the illness is connected to your military service. A few of the illnesses that may be presumptively service-connected include: brain hemorrhage, cirrhosis of the liver, Diabetes mellitus, Hodgkin's disease, Psychosis, Multiple Sclerosis.

Secondary service connection: if an illness is caused by or significantly worsened by a service-connected disability. For instance, depression secondary to a physical injury that is service-connected would be compensable and likely increase your disability rating.

Connection based on VA Medical Care: if you suffer an injury that was caused by or aggravated by VA hospitalization or VA treatment.

When should I apply for Veterans benefits?

As soon as possible. Before applying, you should contact your local Veterans service representative (i.e. National Service Officer through DAV, VFW or American Legion) for advice and assistance if you believe your health problems were caused by or aggravated by your military service. These advocates provide valuable knowledge and will help you free of charge. Next, you should send a letter to your VA regional office (RO) stating that you wish to apply for all benefits to which you may be entitled (see "informal claim" below). It is generally important to start your claim as soon as possible because your benefits can only start on the first day of the month after you make an application for benefits.

What will I need to make an application for benefits?

The V.A. compensation application asks for many dates and facts, including the date of onset of your condition, the name of the condition(s) you suffer and the dates that you have received treatment for the condition. Providing V.A. with inaccurate dates or facts could result in your application being denied. Therefore, you should not rely solely on your memory when filling out the application. It is best to obtain your service records and have them, along with your treatments records, on hand when you fill out the formal application. We also strongly recommend having an advocate (i.e. National Service Officer) assist with filling out and filing the application. Because of the time needed to obtain records and the fact that you cannot obtain benefits until V.A. receives your claim, it may be best for you to file an "informal claim" by writing the local Regional Office (RO) stating that you wish to obtain all of the benefits to which you may be entitled. This letter should be signed and dated by the Veteran and tell V.A. that documentation supporting the claim will be submitted later. Always keep copies of all correspondence that you send to V.A. and always keep copies of all correspondence that V.A. sends to you.

Some of the things that we do for our disabled Veterans:

We obtain your records and documents from your Claim file ("C" file) and review the information to see what, if anything, is missing.

We work with you and your physicians to gather any medical and/or psychiatric evidence in support of your claim.

We analyze your case under all of the applicable rules and regulations and we coordinate with you to make your case as strong as possible.

We contact your doctors and other health care providers to obtain their written medical opinions about your condition, your functional capabilities and how your impairments are related to your military service.

We submit evidence on your behalf to the Department of Veterans Affairs.

When needed, we will refer you to a doctor and/or vocational expert for an independent examination.

In appropriate circumstances, we file requests for V.A. to reopen earlier applications for benefits that you may have given up on.

We advise you on how to do your best while testifying.

We make legal arguments and file briefs in support of your claim and we protect your right to a fair hearing by making objections to improper evidence or procedures.

We review decisions made by V.A. and file an appeal when appropriate.

When should I contact an attorney?

The Veterans Judicial Review Act discourages Veterans from hiring attorneys to assist them with claims for disability compensation. Unfortunately, we can only represent you after you have received a final decision from the Board of Veterans Appeals (BVA). Once you receive such a final decision from BVA, you have have 120 days in which to file an appeal to the Court of Appeals for Veterans Claims (CAVC). Although you can hire an attorney up to one year after receiving the final BVA decision, we strongly recommend that you contact us within the 120 period. Contacting us early allows us to examine your situation and help you to file as strong of an appeal as possible. Waiting too long to contact an attorney puts you at a significant disadvantage. The earlier an attorney starts working on your case, the better your chances of winning.

How much will I have to pay an attorney?

Attorney fees are controlled by the Department of Veterans Affairs. In most instances, attorneys cannot charge more than 20% of the past due benefits that you receive. There is no attorney fee if your case is not successful. In addition to the 20% attorney fee, you will also have to reimburse the attorney for actual expenses the attorney advanced in pursuit of your claim (i.e. payments to obtain medical records, filing fees, etc.). The attorney fee is limited to past benefits only; your ongoing monthly benefits are not part of the attorney fee.

Relationship between VA benefits and other benefits:

You are entitled to receive VA disability benefits at the same time as you receive Social Security disability insurance benefits. Your VA disability compensation will only affect government benefits that are based on financial need. These programs include SSI disability, food stamps and Medicaid.

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