FAQs

According to Veterans Affairs (VA), a vet is “a person who served in the active military, naval, or air services, and who was discharged or released under conditions other than dishonorable.” The VA reserves the right to determine whether a veteran’s discharge and disability were honorable, or the result of total dishonorable service, or from an isolated dishonorable act. Therefore, the VA may decide that a veteran does not qualify for benefits, regardless of the length of service or what type of discharge he or she may have.

In the United States, there are approximately 24,000,000 veterans. Less than one million of these vets served in World War II and the Korean War. An estimated 3.4 million served in the Vietnam War. As of January 2007, more than 1.6 million soldiers had served in Afghanistan and Iraq. Only 11% of these veterans currently receive benefits.

Although many benefits exist for veterans such as healthcare and education, our firm focuses on requests for service-connected benefits.

Service connected benefits may be paid for an injury or illness caused by or worsened by military service.  The amount of compensation is determined by the extent of disability in increments of 10%. 

An honorably discharged veteran, with a current disability that was the result of or aggravated by military service and a medical nexus linking the two.

Military pension benefits do not refer to retirement benefits. Pension benefits are, in fact, more similar to Supplemental Security Income (SSI). They are needs-based benefits issued to veterans who have at least 90 days of wartime service (including stateside service during a time of war) and who are totally disabled. The injury or disease causing the disability does not have to be a result of service.

A pension is paid in a flat amount that offsets any other income that the veteran is currently receiving (such as SSI). Disabled veterans whose income is below the poverty line will usually qualify for pension benefits.

Veterans’ Benefits do not offer pensions but do offer service connected benefits.

Yes. A surviving spouse may be eligible for Dependency and Indemnity Compensation (DIC) if the death of the veteran was a result of his service. The spouse may also qualify upon the death of the veteran if the veteran had suffered a total disability for a certain length of time.

A spouse must apply for DIC benefits. They are not automatic. 

First, a claim is filed at the state Regional Office (RO). Most claims are judged and concluded at this level. If a veteran is unhappy with the decision made at the RO level, he or she may request that the RO review the decision.

If the veteran wants to appeal the RO decision further, the next step is a hearing before the Board of Veterans Appeals (BVA). Currently, it is taking two to two-and-a-half years for the BVA to decide an appeal. 

If appeals need to continue past the BVA level, they may be heard at the next highest court: the Court of Appeals for Veterans Claims (CAVC). The final stage of an appeal may occur at the Court of Appeals for the Federal Circuit. 

Yes! As of 2007, attorneys are able to assist clients with the claims process. In the past, the legislature has strongly restricted a lawyer’s ability to represent veterans. Since the Civil War, federal courts have upheld preemption statutes that severely limit the amount of compensation that an attorney may charge for his or her services for cases regarding Veterans Benefits. These limits made it frustratingly impossible for an attorney to represent these injured victims.

Until recently, veterans were represented exclusively by Veterans Service Organizations (VSO’s) such as the VFW, the American Legion, or AMVETS. These organizations offer representatives who often provide great services at the beginning of the benefit filing process. However, these representatives are not attorneys and they have been criticized for failing to spot issues or for not continuing appeals.

The National Organization of Veterans Advocates (NOVA) was founded in 1994 and is exclusively composed of representatives of veterans. The organization identifies attorneys or representatives who are trained and qualified in VA law. Learn more about NOVA by visiting their website.

To establish representation, an attorney must be recognized as the vet’s representative by the VA. A VA Form 21-22 must be signed by the attorney and the veteran and be submitted to the VARO. It should be accompanied by a fee agreement.